Canadian engaged to US citizen, overstayed tourist visa and illegal work

[ballet4life 0]

I am a Canadian engaged to a US citizen. I have been living in the US for 2.5 years. I normally went home to Canada every six months so as to not overstay my tourist visa except for last year. I stayed an entire year. I also work illegally under the table. I am under the impression that these things are "forgiven" once married to a US citizen but a lawyer told me that my case is more complicated. She said that every time I crossed the border as a tourist I was committing visa fraud by saying I was visiting but really coming to live/work. She also says that I must declare my work in my applications. Are these really major red flags? Do I really have to disclose my "under the table" work?

[Nataliya-Ron 7]

Yes you broke the INS law for over staying

You can be bannned upto 3 years and for working

not legally even more.

Better use and attorney to help straighten out your

visa over stay issues

[ballet4life 0]

Yes you broke the INS law for over staying

You can be bannned upto 3 years and for working

not legally even more.

Better use and attorney to help straighten out your

visa over stay issues

If we were already married does that change anything?

[milimelo 4,236]

Hmm, no petition filed so I'm moving this topic to general immigration related questions until OP decides what he is doing.

[ATPEACE 43]

If we were already married does that change anything?

NO. makes it worst, because you knew you were not just visiting, but illegally living in the US every time you crossed the border.

[Brother Hesekiel 2,235]

I strongly disagree.

Before I even get started I have two questions:

1) Do you really have a B2 visa in your passport, even though you would not need one? If so, why?

2) Have you ever been questioned when crossing the Canadian border as to what your purpose of travel is? Ever been in "secondary" inspection?

[JimVaPhuong 4,863]

I am a Canadian engaged to a US citizen. I have been living in the US for 2.5 years. I normally went home to Canada every six months so as to not overstay my tourist visa except for last year. I stayed an entire year. I also work illegally under the table. I am under the impression that these things are "forgiven" once married to a US citizen but a lawyer told me that my case is more complicated. She said that every time I crossed the border as a tourist I was committing visa fraud by saying I was visiting but really coming to live/work. She also says that I must declare my work in my applications. Are these really major red flags? Do I really have to disclose my "under the table" work?

What the lawyer is talking about is "material misrepresentation". Something is a "misrepresentation" if it's untrue. A misrepresentation is "material" if the truth could affect the outcome. Any material misrepresentation to an immigration officer (including CBP) would be a crime that would make you inadmissible to the US, and ineligible to adjust status.

In order to determine that you're guilty of material misrepresentation, an immigration officer would need evidence that you lied. Saying you're going to do one thing and then subsequently doing something else is not evidence of a lie. Circumstances change and people change their minds. A statement made to a CBP officer could have been true at the time you made it. They would need evidence that the statement was false when you made it. For example, saying you are entering the US to visit becomes material misrepresentation if you've got an employment contract in your luggage or purse. You have to evaluate your situation and determine if you think it's possible they have evidence you misrepresented your intentions when you entered, beyond simply what you did after you entered. If you think they might have that evidence then your lawyer is right. If not, then your lawyer is probably just trying to scare you into believing you need his/her help in order to adjust status.

About your job - were you paid cash? Would your employer be willing to provide documentation to prove you worked, knowing that they could get in trouble for both hiring you "under the table" and employing someone who isn't authorized to work in the US? Did you pay taxes on your income, or can you file a tax return now? Can USCIS obtain records that indicate you were working in the US? If you declare that you were working then they're going to ask you to produce documentation about your work, require that you pay taxes on your income, and may go after your employer for hiring you illegally. Think about these things and then decide whether you should declare that you were working. Nobody here is going to recommend you lie to USCIS.

[ballet4life 0]

I strongly disagree.

Before I even get started I have two questions:

1) Do you really have a B2 visa in your passport, even though you would not need one? If so, why?

2) Have you ever been questioned when crossing the Canadian border as to what your purpose of travel is? Ever been in "secondary" inspection?

I don't have any visa in my passport. No stamps. Nothing. Every time I crossed the border they asked me where I was going and why and then told me to enjoy my travels. That's it, that's all.

[ballet4life 0]

What the lawyer is talking about is "material misrepresentation". Something is a "misrepresentation" if it's untrue. A misrepresentation is "material" if the truth could affect the outcome. Any material misrepresentation to an immigration officer (including CBP) would be a crime that would make you inadmissible to the US, and ineligible to adjust status.

In order to determine that you're guilty of material misrepresentation, an immigration officer would need evidence that you lied. Saying you're going to do one thing and then subsequently doing something else is not evidence of a lie. Circumstances change and people change their minds. A statement made to a CBP officer could have been true at the time you made it. They would need evidence that the statement was false when you made it. For example, saying you are entering the US to visit becomes material misrepresentation if you've got an employment contract in your luggage or purse. You have to evaluate your situation and determine if you think it's possible they have evidence you misrepresented your intentions when you entered, beyond simply what you did after you entered. If you think they might have that evidence then your lawyer is right. If not, then your lawyer is probably just trying to scare you into believing you need his/her help in order to adjust status.

About your job - were you paid cash? Would your employer be willing to provide documentation to prove you worked, knowing that they could get in trouble for both hiring you "under the table" and employing someone who isn't authorized to work in the US? Did you pay taxes on your income, or can you file a tax return now? Can USCIS obtain records that indicate you were working in the US? If you declare that you were working then they're going to ask you to produce documentation about your work, require that you pay taxes on your income, and may go after your employer for hiring you illegally. Think about these things and then decide whether you should declare that you were working. Nobody here is going to recommend you lie to USCIS.

My fiance agrees with all you have said. I have no evidence of misrepresentation. No work contracts, paystubs, nothing. As for my work, I was always paid with a personal check written out to my name. I never filed any taxes. I don't know if USCIS can obtain records that I've been working here. Can they look into my bank account and see that I've been depositing my checks on a regular basis? I would never want to put my employer in any danger. I know that no one is going to recommend that I lie. So far everyone has always told me never to lie, always tell the truth.... But I'd like to know how likely it is that USCIS would ever know about my under the table work if I don't mention it...

[CanAmBride 5]

Honestly, you lived and worked here illegally for the past 3 years and now you are looking for us to tell you that what you did was ok and will not effect your future immigration petition. I don't think anyone here can do that. I'm sorry we can't give you the answers you want to hear, but I can't imagine anyone on this forum telling you it is ok to lie on your application or withold information, especially since all of us are going through the process legally and have been separated from our significant others for long periods of time waiting for visas. You just have to go through the process however you think is best and hope it works out.

[ballet4life 0]

Honestly, you lived and worked here illegally for the past 3 years and now you are looking for us to tell you that what you did was ok and will not effect your future immigration petition. I don't think anyone here can do that. I'm sorry we can't give you the answers you want to hear, but I can't imagine anyone on this forum telling you it is ok to lie on your application or withold information, especially since all of us are going through the process legally and have been separated from our significant others for long periods of time waiting for visas. You just have to go through the process however you think is best and hope it works out.

I'm only looking to see what other Canadians in similar situations have done. I am not asking anyone to tell me that what I've done is ok. I just want to know facts so that I can decide on my own what is the best course of action for me. I don't believe that my situation is unique and if there's anyone out there who can share their experience with me then that's what I'm looking for. But thanks for your response.

[milimelo 4,236]

G325a asks for all places of residence and employment for the past 5 years I believe.

Not listing the employer for who you are working will get you in trouble, so tread carefully. There's the statement in there that everything you listed on the form is true, and there are consequences for withholding information. Look up the form.

[ballet4life 0]

G325a asks for all places of residence and employment for the past 5 years I believe.

Not listing the employer for who you are working will get you in trouble, so tread carefully. There's the statement in there that everything you listed on the form is true, and there are consequences for withholding information. Look up the form.

Thank you, I'll check that out.

[Krikit 1,163]

You should probably take a look in this forum:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[Harpa Timsah 13,258]

Just to get back on track, the issue here is not about illegal work and overstay. Those things are irrelevant/forgiven for immediate relatives of US Citizens, which includes spouses. I think you should be honest about your work because you have to be and furthermore it won't effect the application by itself. The issue here is whether or not the OP committed material misrepresentation at the border which is not irrelevant/forgiven (and read Jim's well-written comment on the nuances here). The OP was trying to keep from overstaying but may have done worse by doing so and coming back repeatedly. How many times did you enter and come back before the 6 month was up? Did you do this for years? What did you tell the officers? I tend to think that if they let you in each time with no hassles then you are fine, if they hassled you and took you to secondary and you lied and lied then you are probably in trouble.