Intent and Work

[cy82 0]

Hi!

I'm a USC intending to marry an F-1 visa holder. We are not yet engaged, but when we travel overseas quite soon, I plan to propose. We do not travel back together, but I'm slightly worried about the intent issue of her F-1 in being engaged coming back. That said, we have no concrete plans to marry and we have not yet decided if we plan to have the marriage here or in her home country. However, if it comes to light at the POE that she is engaged, I'm not sure how that may go over since it shows her intent to marry and likely immigrate. Please let me know if I have any potential issue and if it would be wise to get engaged after the travel instead.

Thinking ahead, she has been working under the table for quite some time. It is all unreported income and her SEVIS is still intact so I'm fairly sure nobody knows. In addition to the intent concern above, my questions are:

1. On the G325A, it asks for employment history. She isn't technically employed, so must the unauthorized work be included? If we do include it, what problems may result?

2. Is it certain that unauthorized work is fogiven in AOS for marriage purposes? (She will be in status otherwise and likely to be fully employed on OPT.)

3. Has any F-1 been routinely asked at the POE if they're working?

Thanks for all of your expertise!

Edited May 30, 2010 by cy82

[Brother Hesekiel 2,236]

Hi!

I'm a USC intending to marry an F-1 visa holder. We are not yet engaged, but when we travel overseas quite soon, I plan to propose. We do not travel back together, but I'm slightly worried about the intent issue of her F-1 in being engaged coming back. That said, we have no concrete plans to marry and we have not yet decided if we plan to have the marriage here or in her home country. However, if it comes to light at the POE that she is engaged, I'm not sure how that may go over since it shows her intent to marry and likely immigrate. Please let me know if I have any potential issue and if it would be wise to get engaged after the travel instead.

Please . . . don't waste another thought on this. Trust me, it's a total non-issue.

Thinking ahead, she has been working under the table for quite some time. It is all unreported income and her SEVIS is still intact so I'm fairly sure nobody knows. In addition to the intent concern above, my questions are:

1. On the G325A, it asks for employment history. She isn't technically employed, so must the unauthorized work be included? If we do include it, what problems may result?

If she hasn't provided her SSN, doesn't receive a check, and isn't on anybody's payroll, she isn't working for all practical immigration purposes. Still, Uncle Same wouldn't like this at all. Luckily for her, Uncle Sam and the immigration people don't really talk to each other about these things. That's all I'm allowed to say here without getting in trouble.

2. Is it certain that unauthorized work is forgiven in AOS for marriage purposes? (She will be in status otherwise and likely to be fully employed on OPT.)

Yes, all unauthorized work will be forgiven, unless fraud is involved. Fraud would be, for example, if she used another person's SS number. That's not the case here.

3. Has any F-1 been routinely asked at the POE if they're working?

Very unlikely. A non issue, again. Don't let your mind create problems that do not exist.

Thanks for all of your expertise!

[cy82 0]

Thank you for your concise, straight to the point post. In trying to cover all my bases, sometimes my mind can certainly create problems that may not exist.

Much appreciated.