Noticed an error on my forms

[Jesus L 0]

so here is what happened,

My husband USC and I (on a B2 visa) filled for aos this past week. I came here 10 years ago when i was 16 and overstayed my visa. Now that we got married we wanted to apply for aos. We had someone help us fill the forms, this person has helped some friends of us with a similar case and they recommended him to us. So when we are at his office and he asked about my past employment I tell him about the time I did some babysitting during college and I also mention that I worked in a restaurant as a server during 2013. My husband and I filed taxes together this years and I did use my w2 from that job for the year. So when this person was filling up the form G-325 he says that those kinds of jobs are not supposed to be included, he told me that if they ask me at the interview to explain that I worked as a babysitter.

When I get home and check the forms the next day I notice that he did not include the restaurant job I told him about. Now I don't know if this will be an issue since we sent copies of our tax return for 2013 with all the w2 including mine. I am kind of freaking out.

Any advise on what should I do? Will they send me a RFE so that I can correct that form? I don't want them to think that I lie about my past employment or anything.

[Cathi 5,769]

Your lawyer is advising you to lie, never ever a good idea and I suggest you hire a new attorney who has ethics. Lying is material misrepresentation and will result in a ban from the US.You were working in the US illegally, they will find out by your tax returns.How did you work without a social security number?

[Teddy B 17,252]

I agree with Mimo, do not lie. Illegal employment is forgiven by USCIS anyway with marriage to a USC.

[Jesus L 0]

I won't lie. If they ask me I will tell them the true. I did work as a babysitter but I will also mention about this server job I had. My only worry is that when I call the person who fill the forms to let him know about the missing info they told me they had already sent my paperwork. So, I am waiting for a response now.

I plan on finding someone else to help us if there are any issues. I think that this person didn't pay attention to us when I was explaining my situation. But I would never lie or hide information. I just hope that they allow me to correct the mistake.

I am a good person, graduated college never being in any kind of problem. Never being arrested. Church goer, and my marriage is legit. So I plan on having all the proof and if they ask I will be honest about it all. I just hope it doesn't affect me.

Edited February 21, 2014 by Jesus L

[ManCharsey 254]

As long as you come clean when they ask you (if they ask you) you should be fine. Don't worry about it.

[Cathi 5,769]

I won't lie. If they ask me I will tell them the true. I did work as a babysitter but I will also mention about this server job I had. My only worry is that when I call the person who fill the forms to let him know about the missing info they told me they had already sent my paperwork. So, I am waiting for a response now.

I plan on finding someone else to help us if there are any issues. I think that this person didn't pay attention to us when I was explaining my situation. But I would never lie or hide information. I just hope that they allow me to correct the mistake.

I am a good person, graduated college never being in any kind of problem. Never being arrested. Church goer, and my marriage is legit. So I plan on having all the proof and if they ask I will be honest about it all. I just hope it doesn't affect me.

overstaying a visa by 10 years is breaking the law, your marriage may be legit and your overstay will be forgiven. But ignoring US immigration laws by overstaying by 10 years and working illegally doesn't make you exactly a stand up person, in my opinion

Edited February 23, 2014 by mimolicious

[ManCharsey 254]

10 years overstay, 1 year overstay, 50 years overstay = same thing and makes no difference. USCIS forgives it when you adjust because you are the spouse of a US citizen. So go ahead and everything will be fine.

[hmh33 117]

... unless you filled in an I-9 for that job and claimed to be a US citizen, in which case everything will not be fine.

You say you received a W-2 from that job; that suggests it wasn't an under-the-table affair. What did you put on that I-9?

[Cathi 5,769]

10 years overstay, 1 year overstay, 50 years overstay = same thing and makes no difference. USCIS forgives it when you adjust because you are the spouse of a US citizen. So go ahead and everything will be fine.

no it will NOT be fine, she worked illegally....the overstay is the least of the problem. If she worked illegally and claimed to be a us citizen in doing so she will be banned from the US forever with no waiver...EVER...even if she didnt claim to be a citizen, working illegally is not something that can be overcome merely by marrying a us citizen. Stop leading the OP to believe everything is "just fine" because it isn't

[Teddy B 17,252]

... unless you filled in an I-9 for that job and claimed to be a US citizen, in which case everything will not be fine.

You say you received a W-2 from that job; that suggests it wasn't an under-the-table affair. What did you put on that I-9?

Yes, this is the key. If the op claimed to be a US citizen then there will be trouble ahead. If not then it's really not an issue for AOS based on marriage to a USC.

[ManCharsey 254]

no it will NOT be fine, she worked illegally....the overstay is the least of the problem. If she worked illegally and claimed to be a us citizen in doing so she will be banned from the US forever with no waiver...EVER...even if she didnt claim to be a citizen, working illegally is not something that can be overcome merely by marrying a us citizen. Stop leading the OP to believe everything is "just fine" because it isn't

Mimolicious. You are missing the point. The OPs concern was whether her employment would have any adverse effects on her application. Even though point about claiming US citizenship is true and would get her banned, that's not what she's asking about. She's asking specifically if her working illegally would affect her application and the answer to that still remains NO. USCIS forgives overstays regardless of how long it is and illegal work for immediate relatives of US citizens. If she claimed US citizenship to acquire the work, then that is a problem. If she did not and simply was able to work, that won't be a problem at all and the OP has no reason to be concerned. You can comb the entire internet and try finding a single case where the spouse of a US citizen got denied for an overstay or illegal work. Good luck and let me know if you do

Edited February 26, 2014 by ManCharsey

[Dave&Roza 748]

I am still wondering how the OP was able to obtain a W-2 for her job in 2013? How did she did a SSN as an illegal alien in the US since the age of 16 YO? Or how did she complete the I-9 form? THAT will be the determining factor on whether this is an easy case or an impossible case. Did she claim to be a USC to get the SSN? Use a false identify? Use someone else's SSN? Or happened upon an untrained SSA worker that just gave her a SSN without verifying her immigration status? She used an ITIN and had an employer that did not complete the I-9 form?

I see problems ahead for your case. You might think about a life that is not within the confines of the US as there is a good chance you will be deported unless you can explain how you were paid a salary and received a W-2 that does not involve a claim to being a USC or involve identity theft.

Good luck,

Dave

P. S. Now I can understand why that person did not want to include "those" type of jobs. Being paid cash or under the table is one thing, but having a W-2 and a reportable income to the IRS is another and opens up a whole can of worms about how you get such a job and how the employer reports the income--i.e. SSN and I-9 form.

Edited February 26, 2014 by Dave&Roza

[Teddy B 17,252]

She could have gotten a fake ssn, happens all the time.

I have a buddy who is in the restaurant business, he says the number of illegals that come in for jobs with fake paperwork is astounding.

[Dave&Roza 748]

She could have gotten a fake ssn, happens all the time.

I have a buddy who is in the restaurant business, he says the number of illegals that come in for jobs with fake paperwork is astounding.

I was wondering how she could have the W-2 and worked in a way that does not jeopardize her ability to remain in the US. A fake SSN, claiming USC, or using someone else's SSN all make her case of remaining in the US much, much more difficult. I realize the restaurant and hotel businesses tend to not follow the I-9 rules like most businesses, but what was used to report the income to the IRS on the W-2--an ITIN or a fake, fraudulently obtained SSN?

Dave

[Teddy B 17,252]

I was wondering how she could have the W-2 and worked in a way that does not jeopardize her ability to remain in the US. A fake SSN, claiming USC, or using someone else's SSN all make her case of remaining in the US much, much more difficult. I realize the restaurant and hotel businesses tend to not follow the I-9 rules like most businesses, but what was used to report the income to the IRS on the W-2--an ITIN or a fake, fraudulently obtained SSN?

Dave

The only thing that will matter in all of that is claiming to be a USC, the rest is irrelevant when filing for AOS as an immediate relative of a USC, it's all forgiven.