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Filed: Country: Germany
Timeline

I got married a couple of weeks ago. I was illegally present in the US. I entered on an extended tourist visa (6 months stay was allowed) back in 2001.

My wife and I are now ready to start the filing process with USCIS. Can anyone tell me which forms we need to fill out? And are there case specific sample forms on the internet?

Did anyone have the same or similar experience?

Any help is greatly appreciated!!!

Martin

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Filed: AOS (apr) Country: Philippines
Timeline

I assume your wife is a USC..

Start by reading the instructions to the I-130 and I-485 forms.... available via link from the site or from USCIS.gov


YMMV

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Filed: AOS (apr) Country: Philippines
Timeline

i actually read a bit already. some of the things arent really clear to me. like, do i state that i have worked here even without 'permission'. what addresses do i give them?

generally speaking, overstays and unauthorized work by the alien are forgiven as a courtesy to the USC


YMMV

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Filed: Country: Germany
Timeline

and yes, my wife is a USC... our marriage is completely legit and not based on obtaining my green card. i didnt have a finace visa (K-1???) before we got married. not sure if that makes any difference...

so, is it a must to give them the information of employers? because i certainly dont wanna get them into trouble... even though you say it's forgiven, i'd rather not give them any info about that.

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Filed: Other Timeline

Martin,

you and your wife file forms I-485, I-131, and I-761 (the work permit which is "free of charge) concurrently.

Overstay and work are forgiven as long as no criminal activity is involved. Such case could occur if you worked with somebody else's SS number or card, as it would constitute identity theft. If you simply worked "under the table" you need to file a 2009 tax return now. PM me and I get deeper into this."

You won't get any employer in trouble, as USCIS is not the tax police. Uncle Sam, however, wants his cut, and if you are a resident (which you are for 9 years now, illegal or not doesn't matter), you need to pay taxes. I actually would suggest that you file now tax returns for 2007, 2008, and 2009, as those 3 returns have to be submitted for AOS. (Again, PM me, and I get deeper into this.)


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-1 Visa Country: Wales
Timeline

He did not say he had net been paying taxes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Philippines
Timeline

Martin,

you and your wife file forms I-485, I-131, and I-761 (the work permit which is "free of charge) concurrently.

Overstay and work are forgiven as long as no criminal activity is involved. Such case could occur if you worked with somebody else's SS number or card, as it would constitute identity theft. If you simply worked "under the table" you need to file a 2009 tax return now. PM me and I get deeper into this."

You won't get any employer in trouble, as USCIS is not the tax police. Uncle Sam, however, wants his cut, and if you are a resident (which you are for 9 years now, illegal or not doesn't matter), you need to pay taxes. I actually would suggest that you file now tax returns for 2007, 2008, and 2009, as those 3 returns have to be submitted for AOS. (Again, PM me, and I get deeper into this.)

I-131 is a waste of postage.... the moment he steps out of the USA he will incur a re-entry ban that the I-131 does not prevent...

I-765 not the I-761

and yes, my wife is a USC... our marriage is completely legit and not based on obtaining my green card. i didnt have a finace visa (K-1???) before we got married. not sure if that makes any difference...

no difference


YMMV

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Filed: K-1 Visa Country: Vietnam
Timeline

and yes, my wife is a USC... our marriage is completely legit and not based on obtaining my green card. i didnt have a finace visa (K-1???) before we got married. not sure if that makes any difference...

Strangely enough, if you'd entered on a K1 (which is SPECIFICALLY for a person who wants to marry in the US and adjust status), and waited 9 years to marry and file for AOS, then your AOS would certainly be denied. A K1 is not eligible to adjust status unless they marry within 90 days of entry.

However, you entered on a B2 (which specifically REQUIRES that you do not intend to immigrate when you enter), so you ARE eligible to adjust status, in spite of your 9 year overstay and working illegally.

Make sense? :wacko:

so, is it a must to give them the information of employers? because i certainly dont wanna get them into trouble... even though you say it's forgiven, i'd rather not give them any info about that.

YOU MUST NOT LIE, DISTORT THE TRUTH, OR OTHERWISE WITHHOLD MATERIAL INFORMATION!

Doing the above may result not only in your AOS being denied, but in a finding of material misrepresentation; i.e., FRAUD. You will be deemed inadmissible because of the fraud, and deported from the United States, and you'll need a hardship waiver from your USC spouse (which is difficult to obtain) in order to return.

Bob covered the salient points about your work. As long as there were no other criminal acts related to your working, like using someone else's identity documents or (even worse) claiming to be a US citizen, then working without authorization should be forgiven. If you haven't paid incomes taxes then you WILL have to correct that.

I honestly don't know what will happen to your employer. It seems like sort of a catch 22 situation. If you used false documents to obtain the job then they wouldn't know you were working illegally, so they wouldn't get into any trouble, but you would. If you didn't use false documents, and they knew you weren't supposed to be working in the US, then your illegal employment will be forgiven, but they could be in trouble for knowingly employing an illegal worker. Frankly, I just haven't read enough about this to know what will happen.

A consultation with a good immigration lawyer might not be a bad idea.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Philippines
Timeline

Strangely enough, if you'd entered on a K1 (which is SPECIFICALLY for a person who wants to marry in the US and adjust status), and waited 9 years to marry and file for AOS, then your AOS would certainly be denied. A K1 is not eligible to adjust status unless they marry within 90 days of entry.

However, you entered on a B2 (which specifically REQUIRES that you do not intend to immigrate when you enter), so you ARE eligible to adjust status, in spite of your 9 year overstay and working illegally.

Make sense? :wacko:

Actually, if the OP arrived on a K-1 and married 9 years later as long as it was to the original petitioner they could still adjust status but it would be via an I-130/I-485 rather than simply the I-485


YMMV

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Filed: AOS (pnd) Country: Benin
Timeline

I'm glad JustBob saw this because his story is similar, only I think more involved.

You should be fine.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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

At some point you'll have to do an I-601 waiver to overcome the ineligibility to immigrate to the US due to illegal presence in the United States. You'll also have to submit an hardship letter explaining what hardships you will be suffering if your immigrant spouse/fiance is not given permission to immigrate.


7/12/2008 Filed I-130.

3/1/2010 Initiated Payment of IV Processing Fee says "IN PROCESS".

3/9/2010 IV Processing Fee says "PAID".

3/23/2010 DS-230 and civil documents FedExed to NVC.(should arrive 10:30 3/24)

3/24/2010 DS-230 and civil docs received by NVC. Signed by K. StLaurent.

04/05/2010 Case complete @ NVC according to AVR. Sign In Failed.

5/12/2010 Hubby's Going to get Medical Exam done.

5/13/2010 Med Exam should be completed and picked up.

5/14/2010 Our son and I are meeting Hubby in Barbados.

05/18/2010 Interview date. :( No yes, but no no either!

05/25/2010 I DHL'ed the I-160 waiver, hardship letter, I-864, and supporting documents to Barbados Embassy.

05/27/2010 Requested Documents DELIVERED to US Embassy in Barbados.

--/--/---- Documents (I-601 Waiver and Hardship Letter) DELIVERED to Homeland Security in Santo Domingo.

--/--/---- I-601 APPROVED...hopefully.

--/--/---- I received the approval letter.

--/--/---- US Embassy in Barbados request passport be sent to send back with visa.

--/--/---- Hubby receives VISA

--/--/---- POE.

event.png

event.png

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Filed: AOS (apr) Country: Philippines
Timeline

At some point you'll have to do an I-601 waiver to overcome the ineligibility to immigrate to the US due to illegal presence in the United States. You'll also have to submit an hardship letter explaining what hardships you will be suffering if your immigrant spouse/fiance is not given permission to immigrate.

I do not think this is needed in this situation as the OP is already present in the USA....


YMMV

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