Filling N400 and i9 dilemma

[axnstef 2]

Hello there

I am about to file my N400 based on marriege under 3 years rule.

I have this question thats been haunting me. 3 or 4 years back when i was in f1 status i was in desperate to work i found work but the employer filled out everything including i9 and w2s. (I should have done myself.) Now in the n400 form it asks me to file last 5 years of employment and i have to put all the employer's info. I tried getting hold of that employer to know or get the i9 but the busisness been closed.

So my question is

1.what if the employer put me as a citizen in i9 form and how can i find that out?

2.Does the USCIS have my i9 copy?

3. How can i find out about my i9?

4. What will be the cosequences if the employer did put as a US citizen on i9?

These questions are haunting me. Please help to answer this question. Appreciate it.

[Hypnos 6,579]

A false claim of US citizenship renders you permanently ineligible to the US for which there is no waiver.

USCIS does not automatically receive all I-9s, however they can subpoena them if they wish. To do so they would actually need to be able to contact the extant company though, and it sounds like that is not possible. If you cannot contact them then neither can USCIS either.

Edited December 16, 2015 by Hypnos

[axnstef 2]

Thank you Hypnos

Any more thaughts VJers?

[Dario2012 51]

Hello there

I am about to file my N400 based on marriege under 3 years rule.

I have this question thats been haunting me. 3 or 4 years back when i was in f1 status i was in desperate to work i found work but the employer filled out everything including i9 and w2s. (I should have done myself.) Now in the n400 form it asks me to file last 5 years of employment and i have to put all the employer's info. I tried getting hold of that employer to know or get the i9 but the busisness been closed.

So my question is

1.what if the employer put me as a citizen in i9 form and how can i find that out?

2.Does the USCIS have my i9 copy?

3. How can i find out about my i9?

4. What will be the cosequences if the employer did put as a US citizen on i9?

These questions are haunting me. Please help to answer this question. Appreciate it.

The form I-9 has a component you had to complete and sign and another that the employer completes. How did the employer sign your part for you? In any case, the employer is required to keep the form and copies of the documents you submitted for 3 years from the day you started or 1 year from the date your employment ended, whichever is later.

If the employer is out of business, it's likely, as Hypnos said, that your I9 is gone forever. If the IRS (or some other federal agency, e.g. Homeland Security) receives and keeps a copy of I9 forms, then your form is somewhere and you may or may not be able to track it down.

This is a ship that has sailed long ago and it doesn't seem like there's anything you can do about it except to file the N-400 and answer all the questions in it truthfully, as far as you know.

Good luck.

[axnstef 2]

Thank you Dario2012 for your input.

Yes i remember it correctly the employer himself was looking for person to work ASAP. So he just hired me and i started working. After 2 weeks i receiver my paycheck and never bothered to even ask questions. Though he asked me my SS card and my driver's license at time of interview. After that never bothered to even talk to me. So was in dilemma if he literally forged my sign in i9.

As you said there is not much i can do right now. i do remember i quit that job back in 2012 and as your second point the employer can retain only for a year after the employment end. so i will go a head and apply N400 and answer truthfuly as far as i know.

If anything else i need to do please let me know.

Thank you

[serrld113 0]

I know this is an old post but the user was active recently. I was wondering what the resolution was on this?