Out-of-status spouse when filing an employment-based green card
Hello. I’m going through an employment-based green card process through a sponsor under DACA status and Section 245(i) (currently employed there for 3 years).
My wife is currently out of status.
I’ve seen posts here saying that someone out of status can file both employment-based and family-based petitions, but can’t receive the actual green card.
Can my wife’s case proceed alongside mine when I file under the employment-based third preference?
If my wife’s work authorization and I-130 get approved, I’m hoping this could at least help resolve the driver’s license issue before I receive my own green card approval.
Yes, you can proceed together. Before green card approval, both an SSN and work authorization can be obtained. Driver’s license rules can vary somewhat by state, so you’d need to check on that specifically.