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Doubts about my work situation while I am filling I-485 and G-325A and I have a B2 Visa

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Filed: EB-2 Visa Country: Brazil
Timeline
Hi, everyone!


This is my first post and I am still learning how to navigate on this website!


So, I hope someone here could help me about my current situation. I came to USA in Oct, 2014 as a tourist. I got married in April, 03 of this year (my Visa expired April, 25). Since there, my husband decided to start a small business (really small lol) to cleaning and I am doing cleaning with him to help him.


He has just a really few clients and because I have any kind of american documentation and he has no idea what could be possible to do in order that I get something (even if could be possible before apply to AOS) my situation is that I am working with him to help him, but I have no salary, I have no way that I could to pay taxes (he will pay through the business) and I have no clue what I should answer on the form I-485 in the "current occupation" question or on the G-325A where I should list the present employment in case I have one include the name and address.


My husband could be consider as my "employer"? But if I am not receiving a "salary" (he is the one that is managing and we decide just save money in order to make something different in the future), I just go to help him, and it has no way that he could "hire" me or even add me as a owner, what I should put on this forms? Self-employed? None? Cleaner? Or maybe just give up immediately of to help him (this would be a delicate thing to say to him, right now lol)


And if I put any information that I am working with him, this will be a problem to my husband? I don't want lie, but I am confused about what I should to do and I don't want to create problems to him.


And I will share with you people here one thing more: Last Friday I went to the Civil Surgeon in order to do the exams related with my I-693 form, and I had the nice (and at in the first sign shocking, lol) news that I am pregnant! Probably 2 or 3 weeks, but I will know better when I make the blood test!


Thank you in advance!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Telling the truth is good. Working without authorization is bad. Helping is working. Choose your words carefully.

Looking ahead, your spouse will need to prove an income that meets the I-864P requirements for a household of 3 (assuming the interview will take place after the birth of your child). Being self employed he must show the income on his 2015 income tax return.

If his income is not enough you will need a joint sponsor that meets the income guidelines for their family plus you (the immigrant). A joint sponsor can be any US citizen or green card holder.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Sweden
Timeline

Stop working!!

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Filed: EB-2 Visa Country: Brazil
Timeline

"Looking ahead, your spouse will need to prove an income that meets the I-864P requirements for a household of 3 (assuming the interview will take place after the birth of your child). Being self employed he must show the income on his 2015 income tax return.



If his income is not enough you will need a joint sponsor that meets the income guidelines for their family plus you (the immigrant). A joint sponsor can be any US citizen or green card holder."




Ahn Map



Thanks for your help. The situation it is a little more complicated, in our case. My husband was laying down in the bed, sick, for several years, and during all this time, living under the care of his mother. He started show improvement in his health about 2 years ago but he was still not capable to find a job.

We live with her now and she will be my sponsor, since my husband it is a long time without work and she works about 16 years in the same company and I believe that she has enough incoming to support the house (since I came to here she is the one that pay, the mortgage all the bills and grocery etc). How can I find if what she is doing is enough to not need a co-sponsor?

Oh, boy...this seems more and more completed! lol


So sorry for so many doubts and questions and thank you so much for the advice.



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AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Filed: EB-2 Visa Country: Brazil
Timeline

Cheezees,

When I finished to write to Anh,because he mentioned this Form, I decide take the instructions (that I have here printed, next to me) and started read it. I am doing the I-485 and the G-325A, so I read only the instructions that belongs to this 2 Forms.
Now because my doubt about the sponsor I will try read the I-684 Instructions.
Because English is not my first language takes me sometimes a long time to understand all (and sometimes I can't understand all, lol), and my mother-in-law that is one that should fill and read all, is working and in the same time, not feeling well, so I am trying to do what I can, by myself (God helps me).
For sure would be much more simple if I had money enough to pay a lawyer... but this is not possible, now. :(

I appreciate that you read and tried help, in any way. :joy:

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Filed: Citizen (apr) Country: Sweden
Timeline

Can't your husband read the instructions too and the two of you together fill them out. He still have to fill out his sponsor form as well as your mother in law.

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Filed: K-1 Visa Country: Brazil
Timeline

''Stop Working'' is what you will hear the most, however there is a way to keep working without affecting your AOS even though you don't have an EAD (Just to make it clear that I am not trying to beat the legal system but I am not saying anything illegal): You can be hired as a contractor (1099 Work)! I have no clue about the tax processes in regards to the company (In this case your husband small business) or if there is a restriction depending on the type of business or the fact you're both related and etc..Just keep in mind you can work without your EAD as a 1099. Please check this out just to clarify a little bit:

http://www.avvo.com/legal-answers/will-doing-1099-work-without-an-ead-cause-my-adjus-1719492.html

However, you mentioned you don't have any US Document and I a SS Number would be required before the end of the year to maintain compliance with IRS Guidelines. Ideally, the subcontractor’s Social Security number is obtained before any payments are made to maintain compliance with IRS guidelines. If no Social Security number is obtained by the time the ''employer'' fills the Forms 1099-MISC, they should leave the identification number box empty, but still submit the report to the IRS.

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Filed: EB-2 Visa Country: Brazil
Timeline
Dear, rtor1


I appreciate so much your help. I will check the link and see if works in my case and how is possible use this situation.

But what my husband is doing now, is cleaning, and I am not sure if this fit in the category of "construction". In any way I will check, because could be helpful to us. He is running to try figure out other things related our situation and his business, so I am trying do my best on this Forms without go all time looking for his help. But eventually I will need "torment" him a little bit to help. lol


Thank you, again.

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Filed: Citizen (apr) Country: Sweden
Timeline

He is going to have to look at the forms eventually anyway since he must fill them out!

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Filed: EB-2 Visa Country: Brazil
Timeline

"He is going to have to look at the forms eventually anyway since he must fill them out!"

But, Alaska 2012, since his mother will be the sponsor, what I could figure out is that he need fill just the Form I-130 (and the G-325A), isn't right?.
And my idea, in any way, is when I finish all that that I can finish by myself (I am learning a lot of new things, including improving little by little the English that still is so broken) I will sit with him to try dismiss any doubts that could last, and read all papers together with him and let him to check all, before we could send.
I am praying, researching and trying to do my best. Thank you for your help! :yes:
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Filed: Citizen (apr) Country: Sweden
Timeline

He is still your main sponsor. He must fill out the forms.

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Filed: Timeline

You are not authorized to work in the US, either as a "contractor", or "employee", or anything else. Even after you apply for Adjustment of Status, you are not authorized to work. You have to wait until you have an EAD or green card to be authorized to work. Generally, no employer will hire you as an "employee" because you do not have documents required to complete the I-9, and the company can get in trouble if they hire you anyway. As a "contractor", nobody will check. But either way, the work is illegal.

Being out of status and having done unauthorized work does not affect your eligibility for Adjustment of Status as you are in the Immediate Relative category.

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Filed: EB-2 Visa Country: Brazil
Timeline

"Being out of status and having done unauthorized work does not affect your eligibility for Adjustment of Status as you are in the Immediate Relative category."

Newacct, in a sense this help, but also, make me a little more confused. lol
Let's assume that my main concern here it is about what I should put in both forms that I mentioned above. I could understand that I can't work or should not work. But at the same time what I am doing now, it is kind more "sporadic",(it is not a job - and I am doing together the I-765) and I would like understand what could be the consequences of "done unauthorized work" if in any way, will not affect my eligibility. More and more seems to me that is just easier and simple if I just say that I am not working, since I have not a job, and in maybe try to explain better to them in the interview, my situation. =/

Thank you for trying help me.

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Filed: Citizen (apr) Country: Sweden
Timeline

By working now you are breaking the law. Not th best way to start this process.

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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