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Filed: R-1 Visa Country: Guatemala
Timeline
Posted (edited)

Hi everyone I had my interview on dec 9th at the embassy in Guatemala City and I think I got too nervous when the CO start to ask me about how did I work in the U.S. While i was illegally there and then he put me on AP and asked me for I-9 forms from all the places I've worked for and I-864A form, and he gave me another interview date on May 10, have anyone been in the same situation? Somebody please help me!!

Edited by 3R1CK
Posted

I have always worked in small shops, but I guess I got to nervous I didn't know what to say to the CO, next interview I'll tell him that, but he was kinda rude though, that's why I freaked out!

Employers are not allowed to hire you without filling out a form I-9 to verify employment eligibility. The employer is required to keep the I-9 for three years, or one year after termination of employment. The I-9 asks on what grounds you are allowed to work in the U.S. You can then check off whether you are a U.S. citizen, permanent resident or a non-resident authorized to work. It then asks the employer to verify your documents.

That being said, it is the employer's responsibility to keep an I-9 form for each employee, not yours. The shops you worked in never had you fill out an I-9?

The CO likely asked because he wants to know if you ever checked off "U.S. citizen" on an I-9 form. Falsely claiming to be a U.S. citizen carries a lifetime ban from the U.S. with no possibility of appeal.

Filed: Citizen (apr) Country: Finland
Timeline
Posted

I've filled out many I-9 forms in my jobs (I'm a US citizen from birth) but I would have no idea how to GET those I-9 forms -- they go to the employer and the employer keeps them. Is this really something that the applicant is supposed to somehow get and submit to the CO, and if so, how would he go about getting them? Some of the places I've worked don't even exist anymore.

I'm just sympathizing and trying to imagine if I were asked to produce prior I-9 forms. That seems a completely impossible request to me, doesn't it? Are you absolutely sure he was asking you to submit the forms? Or was he just asking you to state what category you had checked on the forms?

Relationship since April 2006

K-1 Visa: I-129F filed November 6, 2012, NOA2 May 17, 2013, Interview and Approval July 24, 2013

POE San Diego, September 13, 2013, Wedding October 25, 2013

AOS filed November 19, 2013, EAD/AP received January 30, 2014, interview and AOS Approval on February 27, 2014.

ROC filed December 3, 2015, NOA1 12/4/15, Biometrics 12/31/15, ROC Approval on June 16, 2016, 10-Year Green Card received June 22, 2016.

N400 filed September 14, 2023, same day acceptance and Biometric Reuse notice, Interview on 2/13/24: Passed and same day oath. ALL DONE WITH USCIS.

No RFE at any stage, thanks to VisaJourney!

Detailed Timeline Below!

 

Relationship:
2006 April 01: Met online, music site, 2007 February 20: Met in person, Finland, 2007 - 2012 met several times in Finland and California

K-1 Visa:
2012 November 06: Sent I-129F (NOA1 on 11/9/2012)
2013 May 14: Contacted Congressman
2013 May 17: I-129F NOA2 Approved
2013 June 03: NVC Received (NVC left 6/6/13)
2013 June 10: Consulate Received, 2013 June 13: Medical, 2013 June 25: Sent Packet 3/4
2013 July 24: Interview in Helsinki, 2013 July 27: Visa Received
2013 September 13: POE to USA, San Diego

AOS:
2013 October 22: SSN Received
2013 October 25: Wedding, San Marcos, CA
2013 November 19: AOS, AP, EAD sent (NOA 1 on 11/22/13)
2013 December 17: Biometrics, San Marcos, CA, 2013 December 24: Online status changed to Testing/Interview

2014 January 23: Interview notice mailed (for 2/27), 2014 January 24: EAD card production, AP approval (card received 1/30/2014)

2014 February 27: Interview and Approval, GC in production (card received March 6, 2014)

 

ROC:

2015 December 03: mailed I-751 package

2015 December 04: NOA1 extension letter, 2015 December 31: Biometrics appointment

2016 June 16: Approval - Online status changed to Document Production, mailed 6/20/16

2016 June 22: 10-Year Green Card Received, done with USCIS for a while!

 

N-400 Citizenship:

2023 September 14: filed N-400 online

2023 September 14: same day acceptance notice and "Biometrics Reuse" notice

2023 December 28: notice of interview scheduled for February 13, 2024

2024 February 13: naturalization interview (five-year rule) passed, same day oath - now a US Citizen and done with USCIS!

Filed: R-1 Visa Country: Guatemala
Timeline
Posted

He asked me for the forms, but when I called my prior 2 jobs they said they don't even have the records of me anymore since I've been working with my current employer since 2010, and when I asked my current employer he said he don't have that form, that he's not required to ask me to fill out that form in order to work for him, so now I'm very confused and I don't know what to say to the CO when I have my second interview! ?

He asked me for the forms, but when I called my prior 2 jobs they said they don't even have the records of me anymore since I've been working with my current employer since 2010, and when I asked my current employer he said he don't have that form, that he's not required to ask me to fill out that form in order to work for him, so now I'm very confused and I don't know what to say to the CO when I have my second interview! ?

Posted

He asked me for the forms, but when I called my prior 2 jobs they said they don't even have the records of me anymore since I've been working with my current employer since 2010, and when I asked my current employer he said he don't have that form, that he's not required to ask me to fill out that form in order to work for him, so now I'm very confused and I don't know what to say to the CO when I have my second interview! ?

He is.

"All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States." - http://www.uscis.gov/i-9

However, it is your employer's responsibility, not yours. If you cannot produce an I-9, the only thing you can do really is tell the CO that you were never asked to fill out an I-9. The employer is only required to keep the I-9 for three years.

"You must keep the form for as long as the employee works at your company, and for one year after employment ends or three years after the employee was hired, whichever period is longer." - http://www.nolo.com/legal-encyclopedia/using-form-i-9-verify-employee-work-authorization.html

Filed: Timeline
Posted

you are applying for an R1 visa, yet I'm guessing that all of your illegal work was not at some religious organization, correct? The CO will keep asking, because people who don't want to produce an I-9 often claim they cannot get one....oldest excuse there is. What religion, out of curiosity, supports violating the laws of another sovereign nation?

Filed: R-1 Visa Country: Guatemala
Timeline
Posted

you are applying for an R1 visa, yet I'm guessing that all of your illegal work was not at some religious organization, correct? The CO will keep asking, because people who don't want to produce an I-9 often claim they cannot get one....oldest excuse there is. What religion, out of curiosity, supports violating the laws of another sovereign nation?

Never worked for religious organization before, like I said only small shops, only 3 or 4 employes at the most, but I don't know how they would hired people like me, I guess they take their chances, or simply they don't care as long as you do good!

 
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