If a spouse overstays her visitor visa but marries a US citizen, is it necessary to file for employment authorization when filing the I-130 and I-485? 11 Answers as of September 26, 2013

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
It is - if she wants to work and have Social Security number, driver's license and bank accounts before getting her green card. Considering that the application does not cost you a penny if you submit it together with I-130 and I-485, what might be a reason not to file it?
Answer Applies to: New York
Replied: 9/26/2013
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
It is not necessary but I would recommend doing it, since there is no separate fee for this filing, provided that you file it together with your I-130/I-485 package.
Answer Applies to: Washington
Replied: 9/26/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Yes. The spouse can apply for employment authorization on form I-765 when she applies for adjustment of status. There is no additional fee for the application.
Answer Applies to: Texas
Replied: 9/25/2013
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
It is only necessary to immediately obtain a social security number, work, and get a driver's license in some states.
Answer Applies to: Virginia
Replied: 9/25/2013
Law Office of Eric Fisher | Eric Fisher
It is not required, but recommended since there is no additional cost.
Answer Applies to: Colorado
Replied: 9/26/2013
    Kapoor Law Firm, PLLC
    Kapoor Law Firm, PLLC | Shiv K. Kapoor
    An I-765 for employment authorization needs to be filed if she wants to work whether or not she overstayed her visitor visa.
    Answer Applies to: Texas
    Replied: 9/25/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    It is not necessary but advisable. The work permit can serve as ID and facilitate getting a social security number (and Driver's License). And it's free when applying for the adjustment of status.
    Answer Applies to: California
    Replied: 9/25/2013
    Law Offices of N.J. SAEH PC | Noel J. Saleh
    One has nothing to do with the other. As the spouse of a U.S. citizen you are eligible to file for adjustment of status even though you overstayed your visa. As an applicant for adjustment of status, you are eligible (but not required) to file for interim employment authorization. I recommend filing, there is no additional filing fee & you are able to get a Social Security number & work if there is an unforeseen delay in adjusting status.
    Answer Applies to: Michigan
    Replied: 9/25/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, if she wants to work.
    Answer Applies to: Michigan
    Replied: 9/25/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Nothing is necessary, but if a spouse would like to work while the application is pending, I 765 is ny such a bad idea.
    Answer Applies to: New York
    Replied: 9/25/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    It is not necessary, but it is in the spouse's interest.
    Answer Applies to: New York
    Replied: 9/25/2013
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