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bperes

F-1 Student Married US Citizen

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Hi, first I want to congratulate everyone that helps people like me that have so many questions about the immigration process...

I will try to short my story...

- Got in the US as Visitor (B-2 Visa) in Dec 2011;

- After 3 months (Feb 2012) I started working illegally in the US with my visitor visa, our intention was to get the H1-B (work visa);

- A few months later (April 2012), my employer and I filled for the work visa (H-1B), since it took very long because of back and forth of documents, I had to go to back to my home country;

- A few months later, we get the response, and it was denied because of some errors on the document (Oct 2012);

- In Dec 2012, after 6 months in my home country, I came to the US with some friends on vacation and in a Business (B-1) visa, because I will stay here for 3 months as a consultant of the same company that I worked before (illegally);

- In Dec 2012, on my vacation period I met my husband;

- In March 2013 I went back to my home country, because I wanted to stay in the US only for 3 months (since I told that to customs agent on the port of entrance);

- After 3 months on my home country I got a F-1 student visa and came to the US to study, my husband and I started living together;

- We just get married this month (Aug 2015); Since I'm with the F-1 visa I went back to Brazil 3 times because friend's weedings and to visit family and never had any problem on the port of entrance;

PS: Since Feb 2012 I've been working for this company, when I was in the US and when I was on my home country (remote), I worked on the B-2 visa and F-1 visa... And I'm currently work with them on my F-1 visa. My husband and I are getting everything together for the green card application process...

Sorry that was too long.. Now my questions and hope that you guys can help... We don't want to lie on the forms, even if this get me denied, because I don't any problem for my husband or life ban...

Do you guys think that I can be 'forgive' for illegal employment? I never paid taxes, should I filled for taxes now for the last 3 years? What're the consequences for my employer when USCIS read my application saying that I work for them?
Is the Affidavit necessary (letters from friends, family members)? If so, does it need to be notarized?

We don't have much time because my I-20 will expire in the end of the month, since I won't be able to proof finance support... Can we send the I-130 and I-485 first to start the process and then I send the I-693 (Medical form)? Can I stay on the US with my I-20 expired while on the AOS process?

Thanks in advance,

I appreciate any response and tips! :)

- Brunno & Joe

Edited by bperes

ROC Timeline
01.29.18 - Submitted I-751
01.31.18 - NOA1

AOS Timeline
09.01.15 - Submitted AOS/EOD docs

09.09.15 - NOA1

10.02.15 - Biometrics Appointment

11.16.15 - I-765 AED Approved

11.16.15 - I-131 AP Approved

11.20.15 - I-766 EAD Card Received
03.17.16 - Interview Date Approved

03.24.16 - 2-years Green Card Received

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welcome aboard ! <EOM>


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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the illegal employment thing, I'm not sure on.. I know they don't look kindly on that..

I married my husband when he was here on an F-1. The conversion process was fairly seamless, but he only worked under the restrictions of his F-1. I'd go through the guides at the top of the page and fill them out honestly and see what happens. The problem is if you don't fill it out and they later find out, you could have some serious trouble.

As a side note, some immigration offices do read these forums, so with both your names and city/state listed, it would be best not to lie about it.


Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

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Thanks Darnell, for the welcome! Appreciate :)

the illegal employment thing, I'm not sure on.. I know they don't look kindly on that..

I married my husband when he was here on an F-1. The conversion process was fairly seamless, but he only worked under the restrictions of his F-1. I'd go through the guides at the top of the page and fill them out honestly and see what happens. The problem is if you don't fill it out and they later find out, you could have some serious trouble.

As a side note, some immigration offices do read these forums, so with both your names and city/state listed, it would be best not to lie about it.

Thanks mngoalie!

We won't lie on the forms, we will fill everything and say the truth!

Do you know about taxes? Do you think that IRS can come after me?

I was researching about paying past taxes, but I need W-2 from employer, and I don't think that they will give me...

Thanks in Advance...


ROC Timeline
01.29.18 - Submitted I-751
01.31.18 - NOA1

AOS Timeline
09.01.15 - Submitted AOS/EOD docs

09.09.15 - NOA1

10.02.15 - Biometrics Appointment

11.16.15 - I-765 AED Approved

11.16.15 - I-131 AP Approved

11.20.15 - I-766 EAD Card Received
03.17.16 - Interview Date Approved

03.24.16 - 2-years Green Card Received

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Your husband is a US citizen, right?

The illegal employment doesn't matter for Adjustment of Status; first of all they are from past trips, and second you are in the Immediate Relative category. Not sure about the consequences for your employer but if they employed you illegally then it was their fault.

You need to look into making sure you have file taxes whenever required. Working legally and illegally have the exact same tax requirements. The only situation where you don't need to file taxes is if your income that year was below the threshold for filing. At the beginning of each year's Form 1040 instructions, there's a part "Who Must File", which lists the threshold. If you were required to file but didn't, make sure you do that ASAP.

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Your husband is a US citizen, right?

The illegal employment doesn't matter for Adjustment of Status; first of all they are from past trips, and second you are in the Immediate Relative category. Not sure about the consequences for your employer but if they employed you illegally then it was their fault.

You need to look into making sure you have file taxes whenever required. Working legally and illegally have the exact same tax requirements. The only situation where you don't need to file taxes is if your income that year was below the threshold for filing. At the beginning of each year's Form 1040 instructions, there's a part "Who Must File", which lists the threshold. If you were required to file but didn't, make sure you do that ASAP.

Thanks for your answer newacct!

I've a question about filing taxes, how will I file taxes without a W-2? I don't think that my employers will give me a W-2 since they weren't paying for taxes neither...!

Thanks for all your help, appreciate!

Best


ROC Timeline
01.29.18 - Submitted I-751
01.31.18 - NOA1

AOS Timeline
09.01.15 - Submitted AOS/EOD docs

09.09.15 - NOA1

10.02.15 - Biometrics Appointment

11.16.15 - I-765 AED Approved

11.16.15 - I-131 AP Approved

11.20.15 - I-766 EAD Card Received
03.17.16 - Interview Date Approved

03.24.16 - 2-years Green Card Received

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Thanks for your answer newacct!

I've a question about filing taxes, how will I file taxes without a W-2? I don't think that my employers will give me a W-2 since they weren't paying for taxes neither...!

Thanks for all your help, appreciate!

Best

Employees get W-2s. "Contractors" get 1099s. (The difference is that for employees, employee and employer each pay half of FICA tax, but for contractors, the contractor pays both halves.)

If they didn't give you a W-2, they probably considered you a contractor. You would have to report that as self-employment income.

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