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can a married, (Out of Status) E3 Visa holder apply for spousal Green Card?

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  • can a married, (Out of Status) E3 Visa holder apply for spousal Green Card?

    Hello,

    Please someone advise me!

    I am an Australian citizen. I have been married to an American citizen since January. I am currently on an E-3 Visa but my sponsor terminated my employment over a year ago so I am "Out of Status".

    Am I able to apply for a Spousal Green Card?

    Do I risk deportation due to being out of status in regards to my E-3?

    Is it safe to apply for a Green Card by submitting forms I-130 and I-485?

    Thanks very much!

  • #2
    As long as your spouse is a US citizen, and you have entered with inspection, your being out of status does not matter. So go ahead and submit I130 & I485 ASAP.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      As long as your spouse is a US citizen, and you have entered with inspection, your being out of status does not matter. So go ahead and submit I130 & I485 ASAP.
      Thank you very much. That is a huge relief. Have a great day!

      Comment


      • #4
        May I ask also,

        When completing the i-485, should I disclose work I did for employers who were NOT my E-3 Sponsor (cash jobs in bars, freelance work which paid with company checks etc). My inclination is to not mention this work may have been in violation of my E-3 VISA.


        Thanks for any advice you can offer.

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        • #5
          Originally posted by Louis D View Post
          May I ask also,

          When completing the i-485, should I disclose work I did for employers who were NOT my E-3 Sponsor (cash jobs in bars, freelance work which paid with company checks etc). My inclination is to not mention this work may have been in violation of my E-3 VISA.


          Thanks for any advice you can offer.
          Yes, absolutely disclose. It can't hurt you, so there is no reason to lie, and lying will get you banned for life.

          This is my personal opinion and is not to be construed as legal advice.

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