Adjustment of Status of Expired Visa (Marriage to US Citizen)

[Dirk Diggler 0]

Hello,

I'm considering a marriage to someone who has no legal status here (her visitor [or student, not sure] visa expired years ago). I'm a US citizen, but I understand that's hardly a guarantee of anything. I understand that, post-marriage, she can file an Adjustment of Status and hope for the best. My question is: how legally thorny will this be? I presume there will be questions about how she's been sustaining herself here for the past 8 (!) years. What is she in for? I imagine it would be naive to think the US gov't would just let her report her income for the past few years and pay taxes on it (ha ha). Any ideas what she/we should expect?

Thanks.

[Boiler 45,657]

Immigration is one thing, IRS another.

Best see an Accountant on her tax issues.

[Dirk Diggler 0]

Boiler: Indeed. But my question is whether the 2 issues are completely separate during the AOS process? Or do they ask about them? (Suppose the question isn't IF but WHAT)

[Harpa Timsah 13,258]

Overstay is forgiven/irrelevant for spouses of US Citizens who are applying for Adjustment of Status and who entered on a valid visa. Working without authorization is also irrelevant/forgiven. However, tax evasion is a felony. She will need to report her income and file her back taxes. Expect further scrutiny about the illegal work. On the other hand, it is better to have an illegal job than to be a drug dealer.

If she gained her illegal employment by stealing someone's SSN, using forged documents to obtain a SSN, or claiming to be a US Citizen, then she is in for a world of hurt. That is different than working without authorization.

Good luck.

Edited August 17, 2011 by Harpa Timsah

[Dirk Diggler 0]

Nah, just your standard under-the-table sort of deal. Thanks.