Forgiveness of spouse for working illegally

[dhtom 0]

I'm a USC, and my wife and I decided to get married while she was here on a tourist visa, so we are filing for AOS. We haven't filed yet - we're about to - and we are wondering what to put in the 'work history' bit.

Here's my hypothetical question:

What if she was offered a job at a company here, and started a few weeks before we got married, and the company offered to just pay me until she gets her EAD - which we thought was going to get here a lot faster?

Our attorney said that the government has a policy of forgiving spouses of USCs for working illegally UNLESS they were doing so under a fake SSN or someone else's name, which I took to mean unless income or payroll tax fraud had been committed. If my wife had been working but they had been paying me, that would be one of the types they don't forgive.

I'm speaking hypothetically here - if we were in this situation, what would the best way forward be? I don't want to lie about her work history - that's a second crime I wouldn't want to commit - but I'm worried about what would happen to us if we admitted she'd worked illegally (deportation?) and whether USCIS would fine or shut down her employer for hiring her illegally when they found out.

My uncle suggested that her employer just pay her instead of me and that she and her employer write 'applied for' in the SSN space on the tax forms. By the time the IRS returns the forms saying they need a number, he said, we'll probably have one, or at least an ITIN. Then, he said, in this theoretical situation, we would not have lied to the IRS, we could be honest about her work history, and she wouldn't have been working illegally under my name, which apparently the government doesn't forgive (my lawyer says...).

Are there any problems with my uncle's idea? Would there be a chance of AOS denial of deportation? Would the gov go after my wife's employer?

Thanks in advance!

[pushbrk 13,803]

I'm a USC, and my wife and I decided to get married while she was here on a tourist visa, so we are filing for AOS. We haven't filed yet - we're about to - and we are wondering what to put in the 'work history' bit.

Here's my hypothetical question:

What if she was offered a job at a company here, and started a few weeks before we got married, and the company offered to just pay me until she gets her EAD - which we thought was going to get here a lot faster?

Our attorney said that the government has a policy of forgiving spouses of USCs for working illegally UNLESS they were doing so under a fake SSN or someone else's name, which I took to mean unless income or payroll tax fraud had been committed. If my wife had been working but they had been paying me, that would be one of the types they don't forgive.

I'm speaking hypothetically here - if we were in this situation, what would the best way forward be? I don't want to lie about her work history - that's a second crime I wouldn't want to commit - but I'm worried about what would happen to us if we admitted she'd worked illegally (deportation?) and whether USCIS would fine or shut down her employer for hiring her illegally when they found out.

My uncle suggested that her employer just pay her instead of me and that she and her employer write 'applied for' in the SSN space on the tax forms. By the time the IRS returns the forms saying they need a number, he said, we'll probably have one, or at least an ITIN. Then, he said, in this theoretical situation, we would not have lied to the IRS, we could be honest about her work history, and she wouldn't have been working illegally under my name, which apparently the government doesn't forgive (my lawyer says...).

Are there any problems with my uncle's idea? Would there be a chance of AOS denial of deportation? Would the gov go after my wife's employer?

Thanks in advance!

It's against the terms of service here to help somebody commit fraud, so don't expect much help with your illegal scheme.

[Jesse and Hema 2]

She cannot legally be employed without DHS authorization. Trying to skate around the official label of "employed" is skating on thin ice, in my opinion. The common belief is that it's the employer's liability to ensure that the employee is authorized to work, but what you are suggesting could still be viewed as fraud. I wouldn't count on DHS taking that lightly, should they figure it out.

[Carmen & Aldo 0]

usually USC spouses get pardoned for working illegally!... but I would not recommend your wife yo work under your name or anything like that...

Overall just don't work illegally ...period!

Trust me... I've been not working since early november... and im going crazy.. but it's better if you wait.. until your authorized to work..

[♥Stiggy♥ 0]

Id see an attorney.

[Old Dominion 26]

She should quit work immediately until it is legal for her to work. That's for starters. Any income you received should be included in your tax return even if there are no W-2s. Be honest with USCIS. When interview time comes, admit the error and face whatever the consequences are. There is a good chance that USCIS will forgive the mistakes if the two of you seem to be open, happily married, and she is by then working legally. That's not legal advice from me, but it's the way I look at the situation as a non-lawyer.

[SAT 9,609]

She should quit work immediately until it is legal for her to work. That's for starters. Any income you received should be included in your tax return even if there are no W-2s. Be honest with USCIS. When interview time comes, admit the error and face whatever the consequences are. There is a good chance that USCIS will forgive the mistakes if the two of you seem to be open, happily married, and she is by then working legally. That's not legal advice from me, but it's the way I look at the situation as a non-lawyer.

Old you sound like an attorney..............