G-325A. Employment and residency questions.

[Blueberry Pancake 311]

Hi all

I am getting married in two months and am now starting working on our I-130 package

Anyhow, right now I am kinda stuck on a few questions on a G-325A form. Those are not difficult questions, one would think but, still, I don't know what to do? I will really appreciate you input!

I will make the story very short : I came to the US on J1 in 2006, my status expired in 12/2008 and I left the country in 4/2011. So was out-of-status for a bit more than two years. I left on my own, not deported, never caught, nothing of that sort.

Now, during the time I was in unlawful status (not to confuse it with unlawful presence- ) , I lived in 3 places.

Do I put them all on that form? I do not even remember the addresses any longer... Just the last one where I lived the longest, for most of my out of status time.

Another question, about employment. During my out-of-status time I worked as a nanny for some time. Do I put that down? I do not want to hide anything. Also, ever since I came back home, I was not able to find regular, full time employment... Only private tutoring and a lot of 'contract work'.

What do I do in that case?

I will be grateful for your thoughts on this..

Thank you!

[speedwell 224]

Hi all

I am getting married in two months and am now starting working on our I-130 package

Anyhow, right now I am kinda stuck on a few questions on a G-325A form. Those are not difficult questions, one would think but, still, I don't know what to do? I will really appreciate you input!

I will make the story very short : I came to the US on J1 in 2006, my status expired in 12/2008 and I left the country in 4/2011. So was out-of-status for a bit more than two years. I left on my own, not deported, never caught, nothing of that sort.

Now, during the time I was in unlawful status (not to confuse it with unlawful presence- ) , I lived in 3 places.

Do I put them all on that form? I do not even remember the addresses any longer... Just the last one where I lived the longest, for most of my out of status time.

Another question, about employment. During my out-of-status time I worked as a nanny for some time. Do I put that down? I do not want to hide anything. Also, ever since I came back home, I was not able to find regular, full time employment... Only private tutoring and a lot of 'contract work'.

What do I do in that case?

I will be grateful for your thoughts on this..

Thank you!

You're quite right to want to be honest and upfront. The consequences of being caught in a lie are much worse than the consequences of having been out of status.

It is fine to put just the city and state where you lived, rather than the exact address. They aren't going to check the addresses that closely, and they won't call your landlords or anything, and my husband and I think that they really want to know mostly so they can verify that you aren't the person with the same name who lived somewhere else at that time.

It's OK to put periods of unemployment as "unemployed" and periods of contract work as "temporary office work" or whatever you were doing; they understand that people have hardships and what have you (or you'd be perfectly happy and stay where you are I suppose). Yes, it's fine to say you were a nanny if you were. Again, they're not going to check job references, and I think this part of the form is mostly for establishing that you qualify for a job-related visa if you are applying for one.

Something that a lot of people don't know is that the G-325A is really an obsolete form and is given little weight in the process; it is included in the I-130 package basically because the law that says you must submit one hasn't been changed yet. Do be truthful but don't be unduly worried.

[Blueberry Pancake 311]

Thank you so much for your answer

On that form they want me to put down street and number and time frames. Since all the addresses were within the same town limits, maybe I should just write the one I lived for the longest time?

So, let's say:

4/2011-current- where I live now

12/2008-4/2011- Town A, State X

6/2006-12/2008- Town B, State X

Would that be ok?

About employment. That nanny job I had, do I have to say whom I worked for? that is an umm, a bit known family, and I worked there under the table, and it was unauthorized employment. I do not want to put anyone in trouble, and at the same time- I do not want to hide anything.

Because of my previous visa violation (let's call it as it is.. ), our I-130 package must be as perfectly done as possible...

Also, my contract work I have been doing ever since I came back home. Those have been contracts of specific work, for different companies.

Should I just list all of the places I've done work for and in the "occupation" just write "contracts of specific work"? and maybe include the work description? what about dates? maybe just a general time frame.. 2011-current?

Sorry for being a pain! And thank you

[speedwell 224]

Thank you so much for your answer

On that form they want me to put down street and number and time frames. Since all the addresses were within the same town limits, maybe I should just write the one I lived for the longest time?

So, let's say:

4/2011-current- where I live now

12/2008-4/2011- Town A, State X

6/2006-12/2008- Town B, State X

Would that be ok?

About employment. That nanny job I had, do I have to say whom I worked for? that is an umm, a bit known family, and I worked there under the table, and it was unauthorized employment. I do not want to put anyone in trouble, and at the same time- I do not want to hide anything.

Because of my previous visa violation (let's call it as it is.. ), our I-130 package must be as perfectly done as possible...

Also, my contract work I have been doing ever since I came back home. Those have been contracts of specific work, for different companies.

Should I just list all of the places I've done work for and in the "occupation" just write "contracts of specific work"? and maybe include the work description? what about dates? maybe just a general time frame.. 2011-current?

Sorry for being a pain! And thank you

That's fine for were you lived. That's what my husband put, just the town and region (in the UK).

He had also done contract work through an agency during the reporting time. You can put "various" for where you worked during the period where you were a temp. If the jobs were all of the same type, for example "secretarial" or "factory worker" or "IT consultant work", put that. Yes, you can put a general time frame (month-year to month-year) for that period.

I understand your concern about not wanting to report the family you lived with on the form because they're prominent and because it was unauthorized employment. If push comes to shove, you are unlikely to be in trouble. The family who employed you under the table might have some liability, but that was unfortunately their choice when they chose to employ you. Don't sacrifice your chance at a better life just for their convenience. I don't see any way you can get away with not naming them. Just remember that the form isn't scrutinized closely and don't worry about that. Your job is just to tell the truth.

Edited April 18, 2013 by speedwell

[Ms Hogan 296]

I have to agree with everything Speedwell said. I would only add to not OVER-answer the questions. If that makes sense. Be honest, do not lie at all, but don't OVER-answer them. Just answer the question being asked, no more, no less. Good luck!

[speedwell 224]

I will make the story very short : I came to the US on J1 in 2006, my status expired in 12/2008 and I left the country in 4/2011. So was out-of-status for a bit more than two years. I left on my own, not deported, never caught, nothing of that sort.

I also urge you to consult a lawyer about a waiver if you have not already. Without a waiver, you risk a 10-year ban from the US because you overstayed your visa more than one year. Look into this now, before you actually send in any of your forms.

[pushbrk 13,643]

Thank you so much for your answer

On that form they want me to put down street and number and time frames. Since all the addresses were within the same town limits, maybe I should just write the one I lived for the longest time?

So, let's say:

4/2011-current- where I live now

12/2008-4/2011- Town A, State X

6/2006-12/2008- Town B, State X

Would that be ok?

About employment. That nanny job I had, do I have to say whom I worked for? that is an umm, a bit known family, and I worked there under the table, and it was unauthorized employment. I do not want to put anyone in trouble, and at the same time- I do not want to hide anything.

Because of my previous visa violation (let's call it as it is.. ), our I-130 package must be as perfectly done as possible...

Also, my contract work I have been doing ever since I came back home. Those have been contracts of specific work, for different companies.

Should I just list all of the places I've done work for and in the "occupation" just write "contracts of specific work"? and maybe include the work description? what about dates? maybe just a general time frame.. 2011-current?

Sorry for being a pain! And thank you

Answer all questions as completely and honestly as possible. If something is not known, enter unknown. An occupation is what you do. Contracts of specific work" is not an occupation. Describe the work.

[Blueberry Pancake 311]

I have to agree with everything Speedwell said. I would only add to not OVER-answer the questions. If that makes sense. Be honest, do not lie at all, but don't OVER-answer them. Just answer the question being asked, no more, no less. Good luck!

Great advice! Thanks

I also urge you to consult a lawyer about a waiver if you have not already. Without a waiver, you risk a 10-year ban from the US because you overstayed your visa more than one year. Look into this now, before you actually send in any of your forms.

I have already consulted a lawyer. Thing is, I did not accrue ANY unlawful presence. Unlawful status is not the same as unlawful presence!

My I-94 form was stamped "D/S" (duration of status). Meaning, my visa didn't have an expiration date. So, after falling out of status, I was not accruing any unlawful presence, ergo- there is no grounds under which I would be inadmissible.

Of course, I did violate my status, so I MAY need a waiver anyways. THAT I will find out at the embassy during my interview...

About unlawful presence v. unlawful status, see here :

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1843

Also, my lawyer (good and experienced) said my petition must be as perfect as possible, and as soon as we file, we must start working on our waiver. Just in case..

Edited April 18, 2013 by angel&devil

[pushbrk 13,643]

Great advice! Thanks

I have already consulted a lawyer. Thing is, I did not accrue ANY unlawful presence. Unlawful status is not the same as unlawful presence!

My I-94 form was stamped "D/S" (duration of status). Meaning, my visa didn't have an expiration date. So, after falling out of status, I was not accruing any unlawful presence, ergo- there is no grounds under which I would be inadmissible.

Of course, I did violate my status, so I MAY need a waiver anyways. THAT I will find out at the embassy during my interview...

About unlawful presence v. unlawful status, see here :

http://www.uscis.gov...html#0-0-0-1843

Also, my lawyer (good and experienced) said my petition must be as perfect as possible, and as soon as we file, we must start working on our waiver. Just in case..

Follow your lawyer's advice including how to properly complete the G325a and all forms.

[speedwell 224]

Great advice! Thanks

I have already consulted a lawyer. Thing is, I did not accrue ANY unlawful presence. Unlawful status is not the same as unlawful presence!

My I-94 form was stamped "D/S" (duration of status). Meaning, my visa didn't have an expiration date. So, after falling out of status, I was not accruing any unlawful presence, ergo- there is no grounds under which I would be inadmissible.

Of course, I did violate my status, so I MAY need a waiver anyways. THAT I will find out at the embassy during my interview...

About unlawful presence v. unlawful status, see here :

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1843

Also, my lawyer (good and experienced) said my petition must be as perfect as possible, and as soon as we file, we must start working on our waiver. Just in case..

That is awesome to know. Thanks so much for posting it!!

[Blueberry Pancake 311]

Follow your lawyer's advice including how to properly complete the G325a and all forms.

Will do! Just I won't talk to her until some time next week.. and wanted to know what other's thoughts on this are

[Blueberry Pancake 311]

That is awesome to know. Thanks so much for posting it!!

Not a lot of people know about this loophole...

[Blueberry Pancake 311]

Ok, so I started this thread a while back, but one thing is still bothering me.

The employment! We will try and consult an attorney before we file, we just both have so much going on at the moment...

Please if anyone has any idea how should I fill out my employment question ... please help.

I worked for two families as a nanny (under the table, more details above.. ),

Should I list their names and addresses OR just put "various places" in the Employers Name and Address? and "babysitting" in occupation box?

I seriously do not know how to do this

[NikLR 13,234]

It is very highly unlikely that anyone is going to go after these people if you put down their names and addresses. I would put down their name, address, and nanny.

You're writing a form to the Department of Homeland Security, not the Department of Labor. It'll be okay.

It's a form that's used to check who you are, nothing else.

[Blueberry Pancake 311]

It is very highly unlikely that anyone is going to go after these people if you put down their names and addresses. I would put down their name, address, and nanny.

You're writing a form to the Department of Homeland Security, not the Department of Labor. It'll be okay.

It's a form that's used to check who you are, nothing else.

Makes sense! Thank you so much!!