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245ii

How long should I wait before filing for AOS?

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Filed: Timeline

Hello everyone,

I wanted to know your thoughts on my situation. I EWI as a child and have been undocumented for 15 years. My USC boyfriend and I recently got engaged and we are planning to get married this summer. I’m grandfathered by 245i. We are having a ceremony in city hall because we want to do it on our exact 2nd anniversary which is a Thursday. This will prevent most of our close family and friends from attending, which is fine with us since we will eventually have a dinner/reception. We already live together and I'm on his lease. We are working on gathering more evidence such as a joint account and putting my name on some utility bills. We have not filed taxes together yet.

We have scores of cards/emails/pictures/proof of travel (I went to college out of state and we traveled to see each other frequently) that help us establish we have a bonafide relationship. However I'm concerned about what timeline to follow in terms of submitting the AOS package. I'm not afraid since we can ultimately prove this is a real relationship. My fiancé is very confident and relaxed about the whole thing. However I'm becoming a little paranoid. I think it would be naive on my part not to see that the short engagement and quick submission of the package might “tell immigration” we are getting married just so I get my papers. I don't want to do things that might look like "red flags" to USCIS. Is it suspicious that our parents won't be at our wedding? or that I'm planning to submit the package once we get a copy of the marriage certificate? What other things should I look out for? The joint account and my inclusion on his insurance will be relatively close to the date of the marriage. We can wait I suppose, but I don’t want to hold ourselves back from living fully (me bringing income into the household, being able to travel) out of fear that our relationship might be doubted.

Also I recently got offered a really great job and the employer is asking me to fill out an I-9. I've done this before. I worked without authorization as a teenager. I have never claimed to be a USC but I have provided a made up SSN and a fake Green Card (with my own name). I'm debating whether to take the risk and do this again. I heard that these offenses are forgiven when adjusting in my case but I'm concerned about this coming up in the interview. Any input on these questions is greatly appreciated!

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I would suggest getting an immigration lawyer and start from there.. EWI and having false documents can cause problems and should not be taken lightly. Goodluck!


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: Citizen (apr) Country: Australia
Timeline
Also I recently got offered a really great job and the employer is asking me to fill out an I-9. I've done this before. I worked without authorization as a teenager. I have never claimed to be a USC but I have provided a made up SSN and a fake Green Card (with my own name). I'm debating whether to take the risk and do this again. I heard that these offenses are forgiven when adjusting in my case but I'm concerned about this coming up in the interview. Any input on these questions is greatly appreciated!

Working illegally is forgiven, providing fraudulent documents is a different kettle of fish.

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

Hello everyone,

I wanted to know your thoughts on my situation. I EWI as a child and have been undocumented for 15 years. My USC boyfriend and I recently got engaged and we are planning to get married this summer. I'm grandfathered by 245i. We are having a ceremony in city hall because we want to do it on our exact 2nd anniversary which is a Thursday. This will prevent most of our close family and friends from attending, which is fine with us since we will eventually have a dinner/reception. We already live together and I'm on his lease. We are working on gathering more evidence such as a joint account and putting my name on some utility bills. We have not filed taxes together yet.

We have scores of cards/emails/pictures/proof of travel (I went to college out of state and we traveled to see each other frequently) that help us establish we have a bonafide relationship. However I'm concerned about what timeline to follow in terms of submitting the AOS package. I'm not afraid since we can ultimately prove this is a real relationship. My fiancé is very confident and relaxed about the whole thing. However I'm becoming a little paranoid. I think it would be naive on my part not to see that the short engagement and quick submission of the package might "tell immigration" we are getting married just so I get my papers. I don't want to do things that might look like "red flags" to USCIS. Is it suspicious that our parents won't be at our wedding? or that I'm planning to submit the package once we get a copy of the marriage certificate? What other things should I look out for? The joint account and my inclusion on his insurance will be relatively close to the date of the marriage. We can wait I suppose, but I don't want to hold ourselves back from living fully (me bringing income into the household, being able to travel) out of fear that our relationship might be doubted.

Also I recently got offered a really great job and the employer is asking me to fill out an I-9. I've done this before. I worked without authorization as a teenager. I have never claimed to be a USC but I have provided a made up SSN and a fake Green Card (with my own name). I'm debating whether to take the risk and do this again. I heard that these offenses are forgiven when adjusting in my case but I'm concerned about this coming up in the interview. Any input on these questions is greatly appreciated!

I would suggest speaking with a qualified, experienced immigration attorney to discuss the specifics of 245i.

The fraudulent documents that you used to claim legal status could also be a problem.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: Vietnam
Timeline

If you are eligible under 245(i) then you can adjust status. The EWI will be overlooked. You'll need to pay a $1000 fine, in addition to the regular AOS fees.

Using fake documents is a federal crime. Using a fake green card is a felony that can get you 2 to 10 years in a federal prison. Using a fake Social Security card is also a felony, but if the Social Security number is actually assigned to someone then there is an additional felony of identity theft. Either of these crimes can get you deported.

Working without authorization is not a factor when adjusting status as an immediate relative of a US citizen. Using false federal documents for any purpose whatever is a serious crime - it is never "forgiven".


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 (pnd) Country: Scotland
Timeline

Never ever use false documents of any kind, It's bad news and can ruin your life. I myself was grilled to hell my 2 UK fraud immigration officers when I arrived back in Heathrow 1994.

My UK passport was stolen while I was working in Germany, I had to get a temporary passport to get home to the UK. Once I landed, I was greeted by fraud officers who question me to death as they thought I sold my passport to some eastern European. They even showed me a a copy of my passport. It was my picture but not my name on it.

I couldn't even apply for a new passport for about 6 months until it was all sorted out. What a bloody pain that was.

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Filed: Timeline

Thank you all for your input. I'm still confused about what immigration forgives and what it doesn't. So basically they will overlook that I worked unauthorized but won't forgive that I made up a number to be able to do that? I understand the falsification of documents is something far more serious. Honestly I was desperate, young and naive. Does it matter that I was a minor when I did this? Also any other thoughts on my original question regarding the timeline of submission of the AOS package would be extremely helpful. I know most people are telling me to get a lawyer, but I cannot afford one right now. Plus I have a copy of the package my brother submitted for his case. We are in identical situations (except for the fact he submitted his package 2.5 yrs after he got married) He was approved last month. Again, thank you for taking the time to reply.

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Filed: Citizen (apr) Country: Australia
Timeline
Thank you all for your input. I'm still confused about what immigration forgives and what it doesn't. So basically they will overlook that I worked unauthorized but won't forgive that I made up a number to be able to do that? I understand the falsification of documents is something far more serious. Honestly I was desperate, young and naive. Does it matter that I was a minor when I did this? Also any other thoughts on my original question regarding the timeline of submission of the AOS package would be extremely helpful. I know most people are telling me to get a lawyer, but I cannot afford one right now. Plus I have a copy of the package my brother submitted for his case. We are in identical situations (except for the fact he submitted his package 2.5 yrs after he got married) He was approved last month. Again, thank you for taking the time to reply.

Unless he also used a fake GC you aren't in identical situations. Your fraudulent documents issue is very very very bad. We're talking a possibility of deportation and a lifetime ban bad. Working illegally is ignored, fraud is not. Making up the SSN isn't as bad as using someone else's which is why it was mentioned above by someone else (Jim I think) that if it turns out it's someone else's you're in more trouble than if it's just a random made up number. HOWEVER, the worst part is making up the greencard... its like faking a passport.

Here's a thread about it that says a waiver is possible: http://sblawlink.com/index.php/2010/08/27/immigration-faq-fake-green-card-marriage-to-a-us-citizen/

Here's one saying lifetime ban: http://wiki.answers.com/Q/What_is_the_penalty_for_having_a_fake_green_card

Here's another one saying bad stuff: http://ezinearticles.com/?A-Fake-Green-Card-May-Have-Unhappy-Repercussions&id=3196046

USCIS will know you worked. They'll ask how. They'll have records of the SSN and the fake GC so you can't lie about it of course. I know you said you can't afford a lawyer, but I don't think you can afford NOT to have a lawyer. You should at least seek an initial consultation to find out where they think you stand - I doubt it's a very good place.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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