I know we messed up! Please help us fix it!

[looney 0]

I did not know about this website when we filed for AOS. I wish I did.

I am the USC, my hubby is an F1 overstay. We have been married for 3 years and never got around to AOS because of money . he has been out of for 6 months and we finally filed at the beginning of the month. While he was out of status he built a website for one of his buddies who works at a really small company (let's call them ABC). They paid him $1500, when he asked them if they were going to file it with the IRS, they said no. HE believed them. They however asked for all his information before they gave him the job his SSN, address, etc.

So when we were filing for our taxes at the beginning of the year (2011 - we already filed for 2011 tax return )we filed without the $1500 because we thought we will not get any tax documents from ABC. We also filed for AOS and he did not include that on his work history, he was scared that it was going to impact us negatively and I fought him on that but he won. So yesterday a W2 showed up at our house from ABC for the website work he did in December. He called his buddy and the buddy said that accounting did it and he couldn’t do anything about it. So now we are freaking out. We’ll definetly amend our tax return ( that’s not a big deal) but what do we do about USCIS, do we at the interview come up with this from the get go, or do we wait until they ask abut it? Is there a way for them to know about it? If asked about employment while he was out of status, how should we phrase it?

We are freaking it out right now!! Please help!

[YuAndDan 153]

Abit improper, sounds more like contract work which should have been a 1099 not a W2.

W2 is issued to employees, 1099 is for contractors.

Anyway, working without authorization tends to be forgiven upon AOS approval, as with overstay.

I would report the income on your joint IRS return.

[looney 0]

It's probably what is was, I did not look closely at it last night. It looked like a W2.

So we should not worry?

Should we mention it at the interview?

[YuAndDan 153]

It's probably what is was, I did not look closely at it last night. It looked like a W2.

So we should not worry?

Should we mention it at the interview?

If interviewing officer asks about it, which they probably will if they see it on your IRS return, then answer honestly.

[Harpa Timsah 13,258]

You could also bring an amended G-325A to the interview.

See: http://www.visajourney.com/forums/topic/296435-unauthorized-employment-left-off-of-paperwork/

[looney 0]

Thanks YuandDan and Harpah, we will take an amended G325A with us.

Thanks so much, we were freaking out big time here.

[Vuvu zela 9]

I didn't have the exact same problem as you, but something similar.

I didn't put my "whole" work history on the G325A, as I was wrongly advised that it will impact my AOS.

The IO never asked about it, and it never came up during the interview.

But I was nonetheless prepared to answer that question if it came up (had all my W-2's with me)

I really wouldn't sweat it!

Just don't lie if asked during interview.

Working without authorization is forgiven for someone in your situation.