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Wheeza Newbie

Wheeza   1

Posted
Filed: AOS (pnd) Country: Tunisia
 Timeline
Posted

My now husband came to the US on a B1/B2 visa. He left his country due to a devestating event. He has children (back in his country) but is divorced. We met in the US (I am a US citizen by birth) and fast forward -we have gotten married. Now we of course want to file for AOS. We have a large white elephant in the room. When he came here - he was offered a simple job but he does not have a permit to work. We plan to be very transparent with USCIS. Are we automatically screwed from obtaining an AOS because of this issue? He has been working to send money back to his kids. All of our other documents and status are in order. I'm terrified. Thank you for any info you can provide.

Ps- I do plan to set an appt up with an Atty but I'm hoping to learn as much as I can so I know we are not being taken advantage of. Not all Attys are created equal.

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Alaska2012 Proficient

Alaska2012   462

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

He took the job without a permit? Breaking the law isn't the best start in an immigration journey

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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randomstairs Community Regular

randomstairs   265

Posted
Filed: Citizen (apr) Timeline
Posted

He must stop working without permit if he hasn't already done so. From what I hear USCIS is forgiving of such offenses, especially if they happened in the past. I don't think there is a question in I-485 about illegal work, however, if asked during the interview he should be honest. Once you file for AOS he will receive a work permit (EAD) and should use it to start working legally.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He will need some documentation including his divorce certificate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Wheeza Newbie

Wheeza   1

Posted
Filed: AOS (pnd) Country: Tunisia
 Timeline
  • Author
Posted

He took the job without a permit? Breaking the law isn't the best start in an immigration journey

Your statement is a judgement and NOT helpful at all . I didn't come here for this. I came here to looking for guidance and some sort of good advice . If you can't provide that then please refrain.

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
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Your statement is a judgement and NOT helpful at all . I didn't come here for this. I came here to looking for guidance and some sort of good advice . If you can't provide that then please refrain.

It is the truth though and it is best to not work without one as one could get into a lot of trouble. We are free to express that on this forum as part of the TOS is not to aid and abet fraudulent or illegal activity. It does need to be declared in the process and would be smart to file back taxes.

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Alaska2012 Proficient

Alaska2012   462

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
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Posted

It's a judgement? I'm sorry. Is, Good for him breaking the law in his new home country better?

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Has he stopped working illegally?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

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Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

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Pitaya

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Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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EM_Vandaveer Experienced

EM_Vandaveer   2,368

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

It will be forgiven as he is an immediate relative of a USC, he should stop working illegally now, declare this on the forms, do not lie about it. Once he has his EAD, he can work legally (it takes about 60-90 days from filing AOS including I-765 to receive the EAD).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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TBoneTX Grand Master

TBoneTX   43,042

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP has closed her account, so this thread is also closed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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