prior employment AOS w/K-1

[jjland 0]

My wife started jobs after we were married and now we are looking at applying for change of status. The instructions say she's not allowed to apply on I-485 since she worked without prior authorization. Some work is taxed and some not. I assume they would check. Employer accepted SSN from card with INS authorization required printed on it.

Suggestions from around the web include: omit any reference to working on application, but speak truthfully in an interview; that being married to US citizen allows toleration of some illegal work.

What approach has worked for others?

thanks,

JJ

[Helen Louise Pile 80]

Did your wife come here on a K1? Are you asking how to cover up that she illegally worked?

She was not able to work, her SS card stated that clearly, unless she had DHS approval.(Her EAD or her greencard)

I don't know what you should do now. I hope someone can help you.

[Inky 1,110]

If you do not put the truth on the forms and then are asked in an interview about it and say yes she did work illegally. How is that good? You just admitted you lied on government forms...

Never lie on anything - do not "omit" things on the forms always state the truth.

[Wayne-Rachel 8]

I'd get ready to bend over, grab your ankles and hope USCIS isn't too rough when they catch up with you... hate to say it, but you've clearly broken the rules, being married doesn't make it kinda ok.

the rest of us followed the rules, you should have too -

good luck, you're going to need it

[beejay 123]

Most likely this won't be an issue because your AOS is based on marriage to a USC. But you need to disclose the employment on the forms and in person if asked about it. You shouldn't work without authorization but in your situation it will most likely be forgiven. There are numerous threads on this board about this very subject.

[VanessaTony 3,567]

What approach worked for others? not working illegally worked for me.

Your wife broke the law. Her employer broke the law. Being married to a USC does NOT allow "toleration of some illegal work". It's STILL illegal. The fact it's forgiven (on SUCCESSFUL AOS as the spouse of a USC) doesn't mean she won't get a hefty fine if found out, or that she won't be locked in immigration jail if found, doesn't mean she isn't still deportable RIGHT NOW (deportation is unlikely, but still a minute possibility). She is/was breaking the law.

If she is still working she needs to STOP. She can then apply for the I-485. She MUST declare the illegal employment. She will be found out if she doesn't report it, found to have committed a material misrepresentation and then denied and deported with a lifetime ban.

Edited December 4, 2011 by Vanessa&Tony

[Darnell 8,478]

Most likely this won't be an issue because your AOS is based on marriage to a USC. But you need to disclose the employment on the forms and in person if asked about it. You shouldn't work without authorization but in your situation it will most likely be forgiven. There are numerous threads on this board about this very subject.

I'm terribly sorry, this is wrong. It is a huge issue.

Is possible that, if the OP's wife is truthful on the AOS package, then MAYBE the adjudicator will be forgiving.

I not wish to assume this, ever; and I think in yer posit, you assume too much.

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Posts where a -1 rating would be useful

China Guangzhou AOS working without EAD

[beejay 123]

I'm terribly sorry, this is wrong. It is a huge issue.

Is possible that, if the OP's wife is truthful on the AOS package, then MAYBE the adjudicator will be forgiving.

I not wish to assume this, ever; and I think in yer posit, you assume too much.

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Posts where a -1 rating would be useful

China Guangzhou AOS working without EAD

That is of course absolutely possible. I don't want to mislead the OP, I am only basing my opinion on anecdotal evidence read here on VJ. While it's certainly not advisable to work without authorization I don't remember reading of it being an issue during AOS to a USC. I know wording has been changed so that working on a K1 is less ambiguous. Has that affected its enforcement?

[Darnell 8,478]

sorry, I'm mired, bogged down with what you've written, many things not go together, ever.

I'm out !

[bigdog 376]

If you have issues like the one being presented here, an honest and good immigration attorney might be a good start, Good Luck.

[JimVaPhuong 4,863]

There are two factors which are generally required for adjustment of status, but which are NOT factors for an immediate relative of a US citizen. These are unlawful presence and unlawful employment. They won't deny her AOS for unlawful employment. Instead, the IO will string her up for not paying taxes. Get the tax situation sorted out, and then you'll be left with only the discretionary factors that the IO can use to deny the AOS, and they DO look harder at the discretionary factors when the applicant has worked illegally.

[beejay 123]

There are two factors which are generally required for adjustment of status, but which are NOT factors for an immediate relative of a US citizen. These are unlawful presence and unlawful employment. They won't deny her AOS for unlawful employment. Instead, the IO will string her up for not paying taxes. Get the tax situation sorted out, and then you'll be left with only the discretionary factors that the IO can use to deny the AOS, and they DO look harder at the discretionary factors when the applicant has worked illegally.

Thanks for clarifying this.