Need Advice on Marriage/resident status

[tanya&george 0]

I am a US citizen. Our situation is. I married my wife which entered through the usa with a j1 visa. She extended her visa to a b2. It expired a month before we were married. Now we are applying for an adjustment of status. We are filling out forms i 30, i 485, i 864, g 325. With her expired status should we worry of having any issues with this? We are not sure of her alien registration number or if she even has one. She is currenty working under payroll right now and paying taxes even though she is expired status. Should we mention she is currently working in the forms or are we going to stir up more problems? Should we also include the i 765 with our other forms? What common proof should we include with all of our forms? Any insight would be greatly appreciated. We really appreciate your time and help.

Thank you so much

[oohpartiv 484]

Well, just the fact that she overstayed her visa and continues in the States means the case is complicated, but if that were the only issue it could definitely be helped with a waiver, at most. However, the fact that she's working just worsens the situation - that will ultimately result in a ban, which I don't believe you're going to be able to use a waiver for. Lying about her working would just make it worse, as the result of lying to immigration would be a lifetime ban.

I would definitely invest in a good, experienced immigration lawyer, now.

Edited May 20, 2013 by oohpartiv

[UK_Fan 192]

Well, just the fact that she overstayed her visa and continues in the States means the case is complicated, but if that were the only issue it could definitely be helped with a waiver, at most. However, the fact that she's working just worsens the situation - that will ultimately result in a ban, which I don't believe you're going to be able to use a waiver for. Lying about her working would just make it worse, as the result of lying to immigration would be a lifetime ban.

I would definitely invest in a good, experienced immigration lawyer, now.

don't listen to this nonsense. illegal working is forgiven to spouses of US citizens

and your case isn't complicated.. never lie on an application and include whatever taxes she did pay.. though she wasn't supposed to be working, it's better not to lie

if she hasn't been though an immigration system yet, she wont have an alien number, so leave that blank... don't waste your money on a laywer

Edited May 20, 2013 by mariyaB

[oohpartiv 484]

don't listen to this nonsense. illegal working is forgiven to spouses of US citizens

and your case isn't complicated.. never lie on an application and include whatever taxes she did pay.. though she wasn't supposed to be working, it's better not to lie

if she hasn't been though an immigration system yet, she wont have an alien number, so leave that blank... don't waste your money on a laywer

I wouldn't have such a blasé attitude as "oh, we're married, USCIS will allow it". While you could work around illegal stay/working, it's still illegal, and anything that breaks the law (especially when immigration is thrown in) undeniably complicates everything. Any case where the intending immigrant has broken the law could go badly. I would still look into getting a lawyer, or at the very least get a consult.

Or you could take mariyaB's advice and throw it up to the fates and luck. At the end of the day, OP, it's your marriage, your wife, your decision. If it were me, though, I wouldn't take the chance.

Good luck in whatever you choose to do.

[UK_Fan 192]

I wouldn't have such a blasé attitude as "oh, we're married, USCIS will allow it". While you could work around illegal stay/working, it's still illegal, and anything that breaks the law (especially when immigration is thrown in) undeniably complicates everything. Any case where the intending immigrant has broken the law could go badly. I would still look into getting a lawyer, or at the very least get a consult.

Or you could take mariyaB's advice and throw it up to the fates and luck. At the end of the day, OP, it's your marriage, your wife, your decision. If it were me, though, I wouldn't take the chance.

Good luck in whatever you choose to do.

the reason i am sure 100% of what i'm saying is that i've been through the same thing, except i didn't work. i went and contacted the lawyer.. and you know what she told me? that it will cost me $5000 to file all the papers that i'm fully capable of filing myself.

just because you do things with a lawyer, it doesn't make you look better in the eyes of USCIS. do you think she's the first and the last one to overstay? as long as she didn't come here with an intent to adjust status, she has a green light.

So, OP, don't worry about anything, just fill out all the papers to the best of your ability, take a medical exam and pay $1500 for everything and you'll be in good shape.

[Ontarkie 13,916]

~~~~Topic moved to Adjustment of Status from Work, Student & Tourist Visas, from CR1/IR1 Process and Procedures- as the OP's wife is already in the US ~~~~

Edited May 20, 2013 by Ontarkie

[Harpa Timsah 13,258]

You must tell the truth. Illegal work and overstay are irrelevant for spouses of USCs who adjust in country (contrary to the above warning). Possible issues: Does she have a 2-year Home residency requirement on her J-1? Did she claim to be a US citizen to get her job?

Have you found the correct VJ guide?

Edited May 21, 2013 by Harpa Timsah

[oohpartiv 484]

the reason i am sure 100% of what i'm saying is that i've been through the same thing, except i didn't work. i went and contacted the lawyer.. and you know what she told me? that it will cost me $5000 to file all the papers that i'm fully capable of filing myself.

just because you do things with a lawyer, it doesn't make you look better in the eyes of USCIS. do you think she's the first and the last one to overstay? as long as she didn't come here with an intent to adjust status, she has a green light.

So, OP, don't worry about anything, just fill out all the papers to the best of your ability, take a medical exam and pay $1500 for everything and you'll be in good shape.

If you had read what I originally posted, I said the overstay wouldn't be the big problem. Quite obviously that can be worked through. Working without an EAD breaks a whole new slew of laws.

I'm not going to argue with you over the pros and cons of using a lawyer. I personally didn't use one, so you're preaching to the choir there. However, I didn't have a spouse without legal status who illegally worked on top of that. I also didn't tell OP to run out and find the first lawyer he ran into. I said look into it, or get a consult to see what could be done. Just because your case worked out okay, doesn't mean they're all like that.

I'm done bickering with you. OP, you have a decision to make. Like I said before, best of luck.

[Harpa Timsah 13,258]

Partiv, you are mistaken on this one. Sorry. You don't seem to know the rules for a case like this, so why are you arguing it? You said she will have a ban, which is patently false. Bow out gracefully.

[UK_Fan 192]

I also didn't tell OP to run out and find the first lawyer he ran into. I said look into it, or get a consult to see what could be done.

I would definitely invest in a good, experienced immigration lawyer, now.

you said that her overstay may be overcame with a waiver.. you clearly don't know what you're talking about. the only way she would need a waiver is if she left the country after an overstay.

Working without an EAD breaks a whole new slew of laws.

and that's not true either, the only reason she would have problems if she claimed to be a USC and made up a SSN, not because she didn't have an EAD.

[tanya&george 0]

thank evereone for the suggestions...