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Working OUT of Status and recently got married? -------> ALL HELP!!

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  • Working OUT of Status and recently got married? -------> ALL HELP!!

    I have a question for you good folks. I recently got married to a USC and have filed my paper work with the INS. However, I am OUT OF STATUS and been working without a work permit at a good job. My attorney still had me get a letter of "current" employment and mailed that with my paper work to INS for EAD, AP, AOS etc. etc.

    Now my question is, what would INS think about me applying for EAD while I am ALREADY working out of status PLUS have submitted a letter of employemnt showing that I am working? My employer does not know that I am not a US citizen. Would this complicate matters or it's not a big deal since I am married to a USC now? Is this normal?

    Please help and god bless you all.

    WT

  • #2
    I have a question for you good folks. I recently got married to a USC and have filed my paper work with the INS. However, I am OUT OF STATUS and been working without a work permit at a good job. My attorney still had me get a letter of "current" employment and mailed that with my paper work to INS for EAD, AP, AOS etc. etc.

    Now my question is, what would INS think about me applying for EAD while I am ALREADY working out of status PLUS have submitted a letter of employemnt showing that I am working? My employer does not know that I am not a US citizen. Would this complicate matters or it's not a big deal since I am married to a USC now? Is this normal?

    Please help and god bless you all.

    WT

    Comment


    • #3
      i'm in the same exact situation but my lawyer didn't mentionned my employment yet.Now if he think your wife is making under the poverty line(125%),then i'll mention your income for affidavit of support purpose.Well at least i guess.

      Comment


      • #4
        My wife is a student so doesn't exactly work as she is a full time student. I am the only one working. I didn't understand your reply. What do you mean by your lawyer didn't mentioned employment? Please clarify.


        Thanks.

        Comment


        • #5
          Mine didn't mentionned my employment because my wife work and make enough money to support me in the aos process.If your wife dont work then you'll need a co-sponsor for your affidavit of support or that maybe why he mentionned your employment.
          Did you provide an affidavit of support?

          Comment


          • #6
            Yes I did.

            Thanks

            Comment


            • #7
              Hi WorkingTx & everybody, I am EXACTLY in the same situation as you (great job w/no work permit, just got married to USC). Do you think there's any hope left for us to get a EAD at all? Any news from your side? Thanx! C.

              Comment


              • #8
                When filing AOS , if the total income is below the poverty line then I-864 and I-864A to be filled to complte the requirement, with the approved petition. ( one case above Lawyer only file I-864 Because income of the USC?LPR is above the poverty line. Where ever in the another case Attorney has to show the income and joint income will be submitted called household income which should be above povertyline.)EAD will be issued to the person,under 245/245A, Only problem is while you go for AOS interview.
                I almost forgot, When you go to pick up EAD make sure there will not be any deportation against you. otherwise you will be detained, instead of issuing EAD.(Zero tolerance).

                Comment


                • #9
                  Mohan,

                  I am sorry but I am not clear on your reply. I mean how do I know if there are deportation against me BEFORE I go pick up my EAD? Also, the fact that my lawyer submitted my letter of employment/affidavit of support showing that I am working without an EAD, would that be an issue?

                  If you could clear that for me that would be great.

                  Thanks.

                  Comment


                  • #10
                    I almost forgot, When you go to pick up EAD make sure there will not be any deportation against you. otherwise you will be detained, instead of issuing EAD.(Zero tolerance).


                    How can she make sure of that Mohan ????

                    Comment


                    • #11
                      I almost forgot, When you go to pick up EAD make sure there will not be any deportation against you. otherwise you will be detained, instead of issuing EAD.(Zero tolerance).


                      How can she make sure of that Mohan ????

                      THANK OU

                      Comment


                      • #12
                        When you are married to an USC it doesn't matter if you've worked illegally for a certain employer. Many people lie on their applications and especially when they complete the I-9 Form requiring a valid SSN, a Drivers' Licence Number as well an A# (green card.) Other people say they are outright American Citizens. These illegal aliens buy a set of these three types of documents -- a fake green card, a fake SSN and a fake Drivers License (or a fraudelent American birth certificate via which they get an SSN) and fraudulently fill out the spaces of the form I-9 requiring these numbers. It is a crime to do this, but many employers do not bother to report their workers to INS even if they decide to terminate their illegally employed illegal alien employees.

                        Comment


                        • #13
                          http://discuss.ilw.com/eve/forums?a=...651#1626010651

                          Comment


                          • #14
                            USE OF FALSE DOCUMENTS / FALSE STATEMENTS ON THE EMPLOYMENT ELIGIBILITY VERIFICATION FORM I-9 FORM NOT A CRIME INVOLVING MORAL TURPITUDE

                            The false use of false documents and knowingly signing a Form I-9 containing false information is not "false testimony" under section 101(f)(6) of the Immigration and Nationality Act. Furthermore, such actions are not representations under section 212(a)(6)(c)(i) of the INA.

                            Section 101(f)(b) of the INA sets forth that a finding of "good moral character" is precluded for "one who has given false testimony for the purpose of obtaining any benefits under this chapter". The Supreme Court has held that section 101(f)(6) of INA does not impose a materiality requirement for false testimony, but noted that such testimony is limited to oral statements made under oath...with the subjective intent of obtaining immigration benefits.

                            If false statements are given orally and under oath, they have been held to constitute false testimony within the meaning of the section 101(f)(6) of the INA. But in the case we are discussing the person would not have been giving false testimony for the purpose of obtaining any immigration benefits. In fact, even convictions for falsely representing oneself as citizen of the U.S. have been found not to involve moral turpitude.

                            ------------------------

                            http://discuss.ilw.com/eve/forums?a=...651#5926010651

                            Comment


                            • #15
                              You say that your wife does NOT work, and you still submitted an Affidavit of Support:
                              1.Did you have any co-sponsor (i.e from her family) or did you file only YOUR income (that means that you should have enclosed your tax returns for the last 3 tax years + present employment evidence)
                              2.Did you meet the 125% of the poverty guidelines by yourself?
                              3.Did you receive a receipt notice from INS? If yes, that means that they have accepted your application and you do not have anything to worry about for now.

                              Comment

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