Getting work visa when out of status?

[Cheezehead]

What is the name of your state? Wisconsin

Hi Lana - I noticed in another post you advised a British citizen with an expired visa that she would be granted a work visa, and could work if an employer would wait 3 mos. for her to get it, and then could later get permanent residency based on marriage. Do I understand that correctly? We are in a similar situation and are trying to make sure we do everything legally, but since he is capable of earning so much more than I am, it would sure help if he could get a work visa. We appreciate your help!

 

[evcalyptos]

What is the name of your state? Wisconsin

Hi Lana - I noticed in another post you advised a British citizen with an expired visa that she would be granted a work visa, and could work if an employer would wait 3 mos. for her to get it, and then could later get permanent residency based on marriage. Do I understand that correctly? We are in a similar situation and are trying to make sure we do everything legally, but since he is capable of earning so much more than I am, it would sure help if he could get a work visa. We appreciate your help!

You are confusing your terms, and in danger of confusing your situation with someone else's.
You'd do much better if you simply post the details of your situation, and your desired outcome. Beware of situations that 'seem' like yours when you don't know the differences (ie, which one is important)
The spouse of a US citizen who is applying to adjust their status to Permanent Resident can also apply for an Employment Authorization Document that allows them to work. Is that what you're after?

 

[Cheezehead]

We aren't married yet, but will be as soon as we can. We're trying to get his papers in order, legally but as quickly as possible. When he left his wife the agreement was that his wife would file for divorce, they agreed on property etc. There was no hurry since neither was involved with anyone and there are no minor children. Since then we met, he left England to come here, after being assured the divorce would be no problem, but she still hasn't filed for divorce. I don't think she's holding out to get part of his pension when he's eligible, because she has the same one for herself, but she's not taking care of it and he's here and can't file, which is the snag in our process. I guess that means he can't work since we aren't married yet? We can't afford to file in the UK from here, he doesn't have a SS# to file from here. It seems we're stuck in a Catch 22.

 

[evcalyptos]

We aren't married yet, but will be as soon as we can. We're trying to get his papers in order, legally but as quickly as possible. When he left his wife the agreement was that his wife would file for divorce, they agreed on property etc. There was no hurry since neither was involved with anyone and there are no minor children. Since then we met, he left England to come here, after being assured the divorce would be no problem, but she still hasn't filed for divorce. I don't think she's holding out to get part of his pension when he's eligible, because she has the same one for herself, but she's not taking care of it and he's here and can't file, which is the snag in our process. I guess that means he can't work since we aren't married yet? We can't afford to file in the UK from here, he doesn't have a SS# to file from here. It seems we're stuck in a Catch 22.

Right.
First, there's nothing for him until he is married to a US citizen (you?).

Two, he can't get married until he's divorced. Priority. Look into what it takes for him to file from where he is now (even in the US) if he has been there long enough. DIY divorce is easy to research online.

Third, depending on how long he has been in the US and how he arrived here, get more information BEFORE he leaves the US or there could be worse consequences.
Take into consideration IF he will be able to divorce from here, and if he must go to the UK, it might not be the worst thing. He would be able to work and start saving some money for a proper move. Right now, you are looking at months before he can legally work here.

He is not eligible for a Social Security number in the US. I'm not sure what type of 'filing' you mean in the last part, but a SS# is NOT required for an Adjustment of Status + work permit. He simply isn't eligible for any of that until he is married to a US citizen.

Filing fees are going up at the end of July--this is a several thousand dollar deal. Consider seriously that he may need to go back to the UK and immigrate properly (not coming on the VWP--that is illegal) and work/save from there if his earning potential is that much better.

Please post the date and method (VWP?) of his last US entry. Enough overstay and he has earned a ban from re-entry that will affect your planning.

 

[Cheezehead]

He came to visit in '04, we had known each other 3 yrs at that point, and ended up staying when we decided to get married. It would have been so much easier if the divorce had been done before he came here, but hindsight, etc. We never expected it to take this long. I'm not sure what VWP is, or what you mean by the method he entered the country (he had a regular visa and passport).

He'll need a ss# to file for a divorce here, I assumed. We can't get his status changed until we're married, but we can't get married until we find a way for him to get divorced. It's so discouraging, to say the least. We appreciate your help though!

 

[evcalyptos]

He came to visit in '04, we had known each other 3 yrs at that point, and ended up staying when we decided to get married. It would have been so much easier if the divorce had been done before he came here, but hindsight, etc. We never expected it to take this long. I'm not sure what VWP is, or what you mean by the method he entered the country (he had a regular visa and passport).

He'll need a ss# to file for a divorce here, I assumed. We can't get his status changed until we're married, but we can't get married until we find a way for him to get divorced. It's so discouraging, to say the least. We appreciate your help though!

Well, you have waited this long, you can't expect his work status to be an emergency for anyone but yourselves, I'm afraid.

He has now accumulated enough time out of status that, should he leave the US, a 10-year ban on his re-entry will be activated. Clearly the best method for getting around that is to not leave the US until he has a Green Card (should he wish to return).

You can consider moving abroad with him, although you will not be eligible to immigrate to the UK as his spouse until he is divorced.

Since it all comes back to him getting a divorce so you two can marry, I'd suggest that be your priority. If it's been 3 years, maybe the wife will get over it and sign the papers. He may be able to file in the UK via the post. Stop assuming things and start doing some actual research on what it takes to accomplish this. I find it curious that you'd both be willing to live under these circumstances for so long, so consider this a friendly push to get off the stick and get going with life. It's only discouraging because you don't know what you need to do.. information is power and its never been easier to come by than today.

The VWP is the Visa Waiver Program, which allows citizens of some countries to visit the US for 90 days without a formal visa. If he used this method, he will have part of a green form I-94W in his passport showing his entry date (you will need this--guard it).
If he was ineligible for the VWP for some reason and/or used a B-1 or B-2 actual visa to enter the US, that will be important, too. He would remember this because it costs about $100 to apply for it and he would have appeared for an interview at the US Consulate in London.

 

[evcalyptos]

This link was posted to britishexpats.com as a source for UK divorce help; I thought of you when I saw it: http://www.resolution.org.uk/

 

[Cheezehead]

Thank you for thinking of me, that was so thoughtful. I'm going to check out that site now!