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Lornaevo

Expired B1/B2 Visa. Married US Citizen

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Hi guys, here is my story. I came here when I was 17 on a Visitors Visa in 2001. I am now 29 and married to a US Citizen. We have been living together for almost 2 years. We would like to adjust my status. We are worried that it will be a problem since I've been out of status for so long. I was anticipating filing the package without the help of a lawyer.

Any advice would be appreciated.

Thanks.

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Overstay is overlooked for spouses of USCs who entered legally. As long as you have no other issues that would cause a problem (such as claiming to be a USC, etc.) you should be fine. Make sure that if you worked under the table you are honest about that as well.

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Working is also overlooked for spouses of USCs as long as you didn't steal someone's social, claim to be a USC, etc. Just working under the table is overlooked but you are expected to pay/file taxes as well as be honest about it. I can't remember for certain but I want to say there is somewhere on the application where it asks about employment. Again, as long as it is just basic working illegally it will be overlooked and not prevent you from adjusting, but you have to be honest about it because if you lie and USCIS finds out you are then looking at misrepresentation and that will affect your adjustment.

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After a long overstay in the US, from what I have seen in these forums, the few main issues/challenges/problems people often face are..

1. Having lost their I-94/proof of legal entry at the time when they originally arrived (usually I-94s can be replaced, so this is not a deal breaker)

2. At some point while in the US, often in a tax form or employment related form, having claimed to be a US citizen. By "claimed", I mean having ticked a box that says "US citizen". This, in most cases, is a deal breaker.

If you don't have either of these problems, then there's no reason to not expect a fairly smooth AOS ride as long as you are careful with the paperwork, make sure to fill out everything correctly and submit all the required evidence. I agree with ceadsearc, disclaim your previous work honsetly in all the forms, and if you have not filed for taxes, then file Now for all the years you have worked and can still file for.

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I would love to know how USCIS is supposed to find out about someone's illegal work...

If work is done solely for cah it isn't reported anywhere, that is what 'under the table' is....no paperwork...

Now, I agree with being honest, not lying on the forms, etc...and the fact it is forgiven makes it moot...but the idea that it an be 'found out' somehow is a little far fetched to me.

Example: Cindy and Bob pay Sally in cash to come watch their kids or clean their home....nothing is ever reported.

Since you have not filed taxes or filled employment forms ever, it is unlikely you ever claimed US citizenship.

Edited by jdh

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Jdh - say an IO says "how did you survive so long in the US? How did you get money?" What would you suggest people say? If you only tell the truth then, then the IO can point out that the G-325A has incorrect information about past work history. In addition, it is much better to admit to a plain-old illegal job, instead of something like drug trafficking or prostitution. If you had no work history and said you did not work at all but somehow supported yourself, that might invite further questioning.

This is another instance of you thinking that there are no paper records for things. A lot of times, there are. Employers pay taxes, get audited, things happen. Furthermore, tax evasion is a felony. Even illegal work is taxed and people working illegally should be paying taxes on it. Not paying taxes is how Al Capone got caught, not through every other illegal thing he was into.

Work history is necessary and is asked on the G-325A.

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Good answer, Harpa...the question was sincere, that's why I tried to emphasize being honest is the best route.

Would having an I.T.I.N prohibit me from adjusting my status? I know I am asking alot of questions, but I am really nervous. I am meeting with a lawyer on friday. Any suggestions on questions I should ask him.

I am really nervous about adjusting. My wife said I shouldn't worry and the lawyer said the same.

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