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Marriage Based AOS Question.

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  • Marriage Based AOS Question.

    Ok we have a mariage based interview coming in a few weeks, I have should have no issues in proving that the marriage is real cause we had a big celebrations our familes were involved etc and we are living together.
    But a question.

    My husband worked illegally in the past but paid taxes etc. Will this come back to bite us somehow.

  • #2
    Ok we have a mariage based interview coming in a few weeks, I have should have no issues in proving that the marriage is real cause we had a big celebrations our familes were involved etc and we are living together.
    But a question.

    My husband worked illegally in the past but paid taxes etc. Will this come back to bite us somehow.

    Comment


    • #3
      Just dont tell them, if that is possible, but you might want to talk to an lawyer about it.

      Comment


      • #4
        If he has any W2 or any paper trails whatsoever (especially since he paid taxes), its better to come up clean, since they can trace it back to you.
        IIRC employment during overstay is not that big of a problem during AOS, but don't quote me on that.

        At any case NEVER EVER lie.

        Comment


        • #5
          It depends on the officer. If you get a hardass It is entirely possible that the AOS will be denied due to illegal employment.

          If you lie you will only make matters worse as lieing on an AOS application is grounds to have not only the green card revoked but the citizenship as well.

          Usually such lies have to deal with terrorist or nazi ties but again, it depends on how tough the officer is and I have met some VERY angry immigration officers.

          Comment


          • #6
            This is a clear cut question. No, it won't harm you, if you're a USC, then there's no problem at all, this is the law. It does NOT depend on the officer when considering eligibility to adjust. Please note I only said eligibilit.
            Say he worked illegally for a couple years and then you two got married and applied for AOS; if he then filed for his EAD and continued working, this time under authorization, you don't have a problem at all. If he IGNORED the EAD after filing for AOS, this can trouble some officers and it will trigger some more questioning.
            NOT TELLING the officer IS a problem. IGNORE those who say lie to USCIS. By all means, DO NOT DO THAT, no matter what. TELL THE TRUTH.

            Comment


            • #7
              Really? I thought illegal employment was a material violation of ones non immigrant status and COULD subsequently be grounds for denial of and AOS.

              Comment


              • #8
                AOS is part of the visa process. A lie here is seen in the light of "misrepresentation of a material fact". If you lie about something that's not relevant, the lie "does not count". The officer has to act upon the misrepresentation to grant the benefit, and if so, the "finding of fraud" is permissible. I recommend you always tell the truth, no matter what, better to be safe than sorry. It'll give you peace of mind as well.

                Comment


                • #9
                  Here's the information, directly from the USCIS:
                  If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

                  -worked without permission
                  (there's more to this but too long to paste here).

                  Comment


                  • #10
                    Houston,
                    Thank you very much good sir. you have given me some peace of mind. My research indicated something along the lines you mentioned. My plan is to take my taxes returns.
                    I am a physician so I have no issues in meeting sponsorship income requirements. He has taxes from last year, but this is the first time we will be filing together.

                    I dont think EAD has even come into the picture yet..we filled in September and we have an interview on March 6th.

                    Comment


                    • #11
                      The USCIS adjudicator cannot deviate from the statute of the law. He or she is guided by one and only one mandate which is the application of INA, nothing more and nothing less.

                      Comment


                      • #12
                        But it says right on the I-485 that individuals who were employed in the U.S. without USCIS permission are NOT eligible to file.

                        If unauthorized employment was immaterial what would be the purpose of the EAD, L and H?

                        Comment


                        • #13
                          I am not trying to argue or create anxiety. I am trying to find out for my own knowledge.

                          Comment


                          • #14
                            Form I-485 is a general form for relief under section 245 of the Act, adjustment of status. it may be used by immediate relatives of USC and LPR and many others with an available visa number. However, 245(c) clearly makes distinctions for immediate relatives of U.S. citizens. Unauthorized employment is not an issue to be worried about BEFORE filing. After the individual files, he or she should wait for the EAD to continue working.

                            Comment


                            • #15
                              Here is a cut and paste of INA 245 K

                              (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


                              (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


                              (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


                              (A) failed to maintain, continuously, a lawful status;


                              (B) engaged in unauthorized employment; or


                              (C) otherwise violated the terms and conditions of the alien's admission.

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