My wife is filing the petition for me. I entered the country legally but my visa is expired. I have been working all this time. Will there be any consequences?
If you are married to a U.S. citizen, unlawful employment will not be held against you. If you spouse is only a resident, working without authorization will deprive you of the opportunity to adjust status. Instead, you will be required to process your immigrant visa through the American Consulate in your home country. However, depending on the period of unlawful status/ violation, (under 180 days or one year) you will become inadmissible to the U.S. when you leave to process your visa for 3 or 10 years, respectively. To return earlier, you will need a waiver of inadmissibility based on demonstrating extreme hardship to our spouse.