TRUTH OR LIE!?

[tsokonut 0]

Hi,

If someone could help me with this... Our interview is coming up and i am so anxious.

So my wife came here 2007 with a visiting visa, 2 weeks in the US, a friend of her aunt's calls her asking if she would want to work for her and will petition her for H1B visa. My wife came and met with them, volunteered in the facility while the her papers are taken care of. Couple of months came, her papers are still in the process of being put together and here i come inquiring to live in the facility where she's at. I was diagnosed with Diabetes, very new to me, got my sugar way up to 1000 first few weeks, my sister can't take care of me since she just had a baby. I moved in the facility, I see my wifey to be every now and then, became friends, hang out and so fort. Introduce her to my family as bf/gf's. After awhile she found out that the "friend" who's supposed to petition her - can't petition anyone. my wifey to be already paid the lawyer and did the nine whole yards. I proposed to her to get married because i am getting ready to stand on my feet again and i want to be with her. Although it's like she's taking care of me. Eloped, got married ate pizza and had beer. LOL. ANyway, she left to go take care of an old lady up north for couple of months. SHe visits at least twice a month. AFter that I left the facility and rented a room for us. Family and friends were helping/ lending a hand to take care of financial matters. We also have a co-sponsor for AOS. Now we've been married for 2 years and 5 months and our interview is coming up.

I know I already asked this before.. is working for rent working? or working in exchange of something considered working? If we tell the IO that she's taking care of kids so we have rent and food but not paying taxes since she doesn't reach the QUota to pay taxes.. like we are super below poverty level. I JUST WANT TO HAVE AN IDEA OF WHAT CAN POSSIBLY HAPPEN WITH OUR CASE.. ANYONE WITH THE SAME EXPERIENCe.. PLEASE SHARE!! THANKS

Is there any violations with what she did before we got married? I don't want to make any mistake during the interview since I know this would change everything for us... For the better i hope.

I spoke with the lawyer earlier, He's asking if we have anything in joint. We only have a bank account.

Proof of bonafide marriage... marriage certificate, letters from relatives, photos. call logs.

Immigration Officers would ask if she worked.

How we met

Financial stuff..

Thank You

[Boiler 43,737]

H1b requires both that the job requires a degree and she has the appropriate degree. Sounds highly unlikely that this is right.

She has been working illegally, that would usually be forgiven. IRS are less understanding but that is another issue.

[Harpa Timsah 13,258]

ALWAYS TRUTH.

[Kittyfang 6]

As Harpa Timsah said, the truth is always better. That and the fact that it's against VJ's ToS to advise anyone to do anything illegal (such as lie to USCIS).

Boiler is right. Working illegally, as well as overstaying cannot be used alone to deny an AoS. The IO might give you a sermon, but, as I understand it, he/she cannot deny an AoS because of illegal work/overstay.

[tsokonut 0]

I apologize for asking with such options..

We're just really anxious.. of course the truth is always the best way to go.. just concerned about the "other people" who got involved like who had her work or something like that..

and just wondering cause for the fact that some AOS applicants came from the same situation - like they overstayed and assuming they also worked under the table, if they could just share how they do it.. etc.

THANKS SO MUCH

[Harpa Timsah 13,258]

Overstay and illegal employment are irrelevant in processing petitions based on marriage. However, they have to be satisfied that you have a genuine marriage and are not filing solely for immigration benefits. You say you don't live together and you met as a patient and she was your caretaker and continues in that role. You will have to overcome that. I don't think you should be worrying about the work... it will be irrelevant.... it will be forgiven... IF you tell the truth. If you lie about anything they will suspect something is fishy and catch you in your lie and that will be it. It is a nerve-wracking process for everyone. Good luck.

[tsokonut 0]

I just read a post same situation as ours but we only filed AOS and just waiting for our interview next month. SInce my wife doesn't have SSN and not filing tax, probably the best thing to do is consult a CPA.

We were on the phone with the lawyer the other day the only thing he could advise me us is "not to lie" especially with working... but of course we're concern about the employer who hired undocumented employees.

Paying back taxes sound good but has to wait till AOS is successful.

Thanks.. and good luck to everyone adjusting! have faith!

[Kittyfang 6]

I just read a post same situation as ours but we only filed AOS and just waiting for our interview next month. SInce my wife doesn't have SSN and not filing tax, probably the best thing to do is consult a CPA.

We were on the phone with the lawyer the other day the only thing he could advise me us is "not to lie" especially with working... but of course we're concern about the employer who hired undocumented employees.

Paying back taxes sound good but has to wait till AOS is successful.

Thanks.. and good luck to everyone adjusting! have faith!

You do not need an SSN to file taxes (and back taxes). My husband (USC) and I (3ish years overstay) were incorrectly told (by our previous tax person) that we could not file as Married Filling Jointly because I was not a USC. After some time on VJ, I called H&R Block and was told that a non-USC CAN file.

The non-USC needs to request an ITIN. It's basically a tax number for non-usc who need to file taxes while in the US (just like your situation). Since we had been told, for the past 3 years, to file my husband as single (which was wrong), we had H&R Block do an Amendment of our taxes for the past 3 years. They wend from Single to Married Filing Jointly. This has the added bonus of being another proof of a bonafide relationship AND you get back the money you would have gotten back if you had filed as Married filing Jointly.

Now, if you're worried about IRS telling USCIS about your wife, or about her overstay, or about any illegal work she's done. Well, don't worry. IRS and USCIS do NOT talk to each other (unless there is blatant fraud). IRS only cares about getting the axes owed. I had asked that question to the person doing our taxes and that was the answer I received.

[tsokonut 0]

You do not need an SSN to file taxes (and back taxes). My husband (USC) and I (3ish years overstay) were incorrectly told (by our previous tax person) that we could not file as Married Filling Jointly because I was not a USC. After some time on VJ, I called H&R Block and was told that a non-USC CAN file.

The non-USC needs to request an ITIN. It's basically a tax number for non-usc who need to file taxes while in the US (just like your situation). Since we had been told, for the past 3 years, to file my husband as single (which was wrong), we had H&R Block do an Amendment of our taxes for the past 3 years. They wend from Single to Married Filing Jointly. This has the added bonus of being another proof of a bonafide relationship AND you get back the money you would have gotten back if you had filed as Married filing Jointly.

Now, if you're worried about IRS telling USCIS about your wife, or about her overstay, or about any illegal work she's done. Well, don't worry. IRS and USCIS do NOT talk to each other (unless there is blatant fraud). IRS only cares about getting the axes owed. I had asked that question to the person doing our taxes and that was the answer I received.

Oh thanks so much! i'll give H&R a call... probably just merely the fact i'll apply for a tin would workout!!

thanks so much

[Kittyfang 6]

Oh thanks so much! i'll give H&R a call... probably just merely the fact i'll apply for a tin would workout!!

thanks so much

You're welcome.

You should know that it does take a long time for IRS to actually receive the paper work and process it, but as far as USCIS is concerned, you can show them a copy and just explain the story. Also, make sure you get someone who knows about immigration and ITIN. The person doing ours was the "expert" in our section of the state and they still forgot a thing or two.