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Spouse AoS and Unauthorized Work

By coffeeandkerouac in Adjustment of Status from Work, Student, & Tourist Visas

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coffeeandkerouac Newbie

coffeeandkerouac   0

Posted
Filed: Timeline
Posted

Hi all - I'm brand new to Visa Journey so I appreciate your help in advance! 

I'm a US citizen that plans to marry my girlfriend who is currently completing a Masters program here on an F1 Visa.

 

We plan to get married early next year and file the appropriate forms for AoS all before she finishes her program in mid-2018.

 

The main concern I have at this point is that she has violated the terms of her F1 by working off campus at a restaurant. She has been working illegally for the past year to pay for tuition, and is continuing to do so. She has been using her SSN which she obtained 4 years ago while working here legally on a J1 visa. 

What are the repercussions for this as we think about the AoS? Has anyone been in this situation and have any advice around this?

 

I have found past threads on here such as this one where people have said things along the lines of "It's forgiven if you are married to a US citizen."

 

However, that specific thread is 10 years old and am not sure how/if the rules have changed.

 

Is it advised to speak with an immigration attorney about this matter?

A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

It's not forgiven, but overlooked when she files for AOS based on marriage to a USC. She should however quit her job now, as I'm sure neither of you want to risk her F1 being cancelled for not obeying the terms of the visa.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

Roel Experienced

Roel   7,192

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

The rules haven't changed.

It is forgiven if she marries a US citizen.

 

Although her student visa would become invalid - since she's breaking the rules. Not sure what her school will think about it - will that affect her studies somehow. Someone who knows the student visas more should answer that.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

sweetadams Community Regular

sweetadams   138

Posted
Filed: AOS (pnd) Country:
Timeline
Posted

First before you file for her AOS...she must quit the job.....

The rules remains if she can proof your marriage is legit and not for immigration purpose. Her student visa can be revoked but since she will be under pending AOS her status will still be legal to stay her. I also think she can continue her study depending on the school international office..... The school is mandate by law to report any unauthorized work off campus. 

If you don't feel comfortable, you might want to get a lawyer..... but as a non-lawyer with a two cent advice, I would suggest you go ahead and start the aos....just be truthful under the previous employment.

Usagi_tsukino Collaborator

Usagi_tsukino   89

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

As long as she didnt claim to be a us citizen on i9 she is fine. I know a lot of people who worked without authorization (including myself, also got ssn through J1), it's not a reason to deny.

Edited by banana_princess

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

coffeeandkerouac Newbie

coffeeandkerouac   0

Posted
Filed: Timeline
  • Author
Posted
18 hours ago, Roel said:

The rules haven't changed.

It is forgiven if she marries a US citizen.

 

Although her student visa would become invalid - since she's breaking the rules. Not sure what her school will think about it - will that affect her studies somehow. Someone who knows the student visas more should answer that.

Thanks for the reply. As for the rules haven't changed, does USCIS explicitly state that rule anywhere? I have yet to come across this rule in any of my searches, apart from anecdotes from people. 

coffeeandkerouac Newbie

coffeeandkerouac   0

Posted
Filed: Timeline
  • Author
Posted
12 hours ago, banana_princess said:

As long as she didnt claim to be a us citizen on i9 she is fine. I know a lot of people who worked without authorization (including myself, also got ssn through J1), it's not a reason to deny.

Thanks for sharing your experience. Did you use that ssn (from your J1) while working without authorization? In your AoS, did you include that particular ssn? 

Usagi_tsukino Collaborator

Usagi_tsukino   89

Posted
Filed: Citizen (apr) Timeline
Posted
3 hours ago, coffeeandkerouac said:

Thanks for sharing your experience. Did you use that ssn (from your J1) while working without authorization? In your AoS, did you include that particular ssn? 

yes, of course. And all my work history as well : )

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

  • 4 months later...
UncleAK Rookie

UncleAK   6

Posted
Filed: F-1 Visa Timeline
Posted

Hi everyone, I am in the same shoe with #coffeandkoureac#. Having dropped out of school after my first semester of Master degree program. And i was working for a year now with my ssn which was given to me while in school. And now I'm married to a US CITIZEN who we share a greater dream together. And she's scared if that might affect our filing of Adjustment of status. I need to know if I have to fill in the petition my work history in it, and if there is need to file for tax or any other stuff that could help. I need some advice... Thanks

coffeeandkerouac Newbie

coffeeandkerouac   0

Posted
Filed: Timeline
  • Author
Posted
On 2/10/2018 at 5:29 AM, UncleAK said:

Hi everyone, I am in the same shoe with #coffeandkoureac#. Having dropped out of school after my first semester of Master degree program. And i was working for a year now with my ssn which was given to me while in school. And now I'm married to a US CITIZEN who we share a greater dream together. And she's scared if that might affect our filing of Adjustment of status. I need to know if I have to fill in the petition my work history in it, and if there is need to file for tax or any other stuff that could help. I need some advice... Thanks

@UncleAK We have just started our AoS process. I would say that your case is more serious than ours since you had dropped out of your program. To your questions, yes—you do need to fill in all work history truthfully. My best advice for your situation is to work with an immigration lawyer. Working with him has eased so much of our concerns and anxiety around our process. Let me know if you have any other questions!

UncleAK Rookie

UncleAK   6

Posted
Filed: F-1 Visa Timeline
Posted
12 hours ago, coffeeandkerouac said:

@UncleAK We have just started our AoS process. I would say that your case is more serious than ours since you had dropped out of your program. To your questions, yes—you do need to fill in all work history truthfully. My best advice for your situation is to work with an immigration lawyer. Working with him has eased so much of our concerns and anxiety around our process. Let me know if you have any other questions!

Thanks so much for the knowledge shared. I will keep in touch if there's anything I need further.

Arb123 Explorer

Arb123   39

Posted
Timeline
Posted
On 9/13/2017 at 11:37 AM, banana_princess said:

As long as she didnt claim to be a us citizen on i9 she is fine. I know a lot of people who worked without authorization (including myself, also got ssn through J1), it's not a reason to deny.

Hi, 

 

I know this is old but i was wondering if you could explain a little bit more about your case.

I am in the same shoe and i am a little worried (i only 3-4 months) unauthorized employment would this affect me? 

Did they ask proof for your work or asked any questions during AOS or during interview?

 

Any feedback would be helpful since you went through the same thing. 

 

thanks a lot 

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
19 minutes ago, Laura123 said:

Hi, 

 

I know this is old but i was wondering if you could explain a little bit more about your case.

I am in the same shoe and i am a little worried (i only 3-4 months) unauthorized employment would this affect me? 

Did they ask proof for your work or asked any questions during AOS or during interview?

 

Any feedback would be helpful since you went through the same thing. 

 

thanks a lot 

Stop worrying about little things. you will be fine

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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