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Filed: Timeline

I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

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Timeline
I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

Unless you intend to have your husband deported, always tell the truth on Immigration forms. That means you give complete and accurate information.

You say yor husband has a legal social security number. Do you mean "legal" as in issued to him through proper channels using truthful information? If not, please explain.

Assuming he came with a visa that allowed him to work and his social security number is really his, just tell the truth. Most such overstays are forgiven when the alien has a bonafide marriage relationship with a US Citizen. You may face some difficulty but will likely prevail in the end. If you lie, you are very likely to be saying goodbye to your husband or leaving with him.

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Filed: Timeline
I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

Unless you intend to have your husband deported, always tell the truth on Immigration forms. That means you give complete and accurate information.

You say yor husband has a legal social security number. Do you mean "legal" as in issued to him through proper channels using truthful information? If not, please explain.

Assuming he came with a visa that allowed him to work and his social security number is really his, just tell the truth. Most such overstays are forgiven when the alien has a bonafide marriage relationship with a US Citizen. You may face some difficulty but will likely prevail in the end. If you lie, you are very likely to be saying goodbye to your husband or leaving with him.

His Social Security # is legal - he has it under his name and it came in from the IRS with all truthful info...he came in under B-2 visa (visitor) and he just overstayed and work illegally for over 10 years...that time they have different requirements for Social Security application and i guess it was much easier to get it

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chojna,

You really should have a consultation with an immigration attorney to review all of the facts of your situation. You and your husband may have a relatively easy road to travel or there may be something in the 10 years that your husband has been here that may require professional help to deal with.

Better to find out early in the game what might be a problem and what probably won't.

Yodrak

I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

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Filed: Timeline
chojna,

You really should have a consultation with an immigration attorney to review all of the facts of your situation. You and your husband may have a relatively easy road to travel or there may be something in the 10 years that your husband has been here that may require professional help to deal with.

Better to find out early in the game what might be a problem and what probably won't.

Yodrak

I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

Yodark - if i have an immigration attorney i will not post any questions here... those forums are for people who are looking for help and answers without attorney..i don't want to see attorney unless is necessary - those guys are way too expansive

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chojna,

You really should have a consultation with an immigration attorney to review all of the facts of your situation. You and your husband may have a relatively easy road to travel or there may be something in the 10 years that your husband has been here that may require professional help to deal with.

Better to find out early in the game what might be a problem and what probably won't.

Yodrak

I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

Yodark - if i have an immigration attorney i will not post any questions here... those forums are for people who are looking for help and answers without attorney..i don't want to see attorney unless is necessary - those guys are way too expansive

Your situation is too complicated for us to answer with 100% certainty. Indeed, attorneys are spendy, but sometimes they are a necessary evil. Seems you will need a darn good one - overstaying a visa and/or working illegally are not only grounds for deportation, but can be (not sure here) cause for denial of immigrant visa.

Again, I am not a lawyer - just my opinion.

L.

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chojna,

You really should have a consultation with an immigration attorney to review all of the facts of your situation. You and your husband may have a relatively easy road to travel or there may be something in the 10 years that your husband has been here that may require professional help to deal with.

Better to find out early in the game what might be a problem and what probably won't.

Yodrak

I have few questions about I-130 package ..

I'm US citizen but my husband is not ....he overstay his visa but he has legal social security ... he is currently working and paying his taxes for over 10 years

What should i put in i-130 form question #15 for him(alien/beneficiary) ....(name and address of current employer)? ...should i put None if he is working here illegally or just put his current employer ?

I have same question for G-325a form for ALIEN ..Applicants employment last five years...should i put none if he is working illegally or just put his current employer

Yodark - if i have an immigration attorney i will not post any questions here... those forums are for people who are looking for help and answers without attorney..i don't want to see attorney unless is necessary - those guys are way too expansive

Your situation is too complicated for us to answer with 100% certainty. Indeed, attorneys are spendy, but sometimes they are a necessary evil. Seems you will need a darn good one - overstaying a visa and/or working illegally are not only grounds for deportation, but can be (not sure here) cause for denial of immigrant visa.

Again, I am not a lawyer - just my opinion.

L.

As far as I've heard, overstays of spouses of U.S. citizens are generally forgiven, that's not something new. In addition, I'm pretty sure that a simple overstay is not a crime that you need lawyer for

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chojna,

Yodark - if i have an immigration attorney i will not post any questions here... those forums are for people who are looking for help and answers without attorney..i don't want to see attorney unless is necessary - those guys are way too expansive

There's an element of truth in the old saying that an ounce of prevention is worth a pound of cure. Ben was a pretty astute guy. A let less expensive, also, albeit not free.

As far as I've heard, overstays of spouses of U.S. citizens are generally forgiven, that's not something new. In addition, I'm pretty sure that a simple overstay is not a crime that you need lawyer for

Is overstay the only issue that you face? Are you sure about that?

Good luck with your case.

Yodrak

Edited by Yodrak
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chojna,
Yodark - if i have an immigration attorney i will not post any questions here... those forums are for people who are looking for help and answers without attorney..i don't want to see attorney unless is necessary - those guys are way too expansive

There's an element of truth in the old saying that an ounce of prevention is worth a pound of cure. Ben was a pretty astute guy. A let less expensive, also, albeit not free.

As far as I've heard, overstays of spouses of U.S. citizens are generally forgiven, that's not something new. In addition, I'm pretty sure that a simple overstay is not a crime that you need lawyer for

Is overstay the only issue that you face? Are you sure about that?

Good luck with your case.

Yodrak

Yodark ..there is one more issue - working illegaly ... but this is all forgiven if you fill out Suplement A to form I-485 and pay 1000$ penalty ....correct me if im wrong

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You're wrong. You don't have to file I-485A or pay the $1000 fine.

I should add, although a consultation with an immigration attorny is a good idea, if your husband came here legally (i.e. has an I-94) and is married to a US Citizen, his overstay and illegal work will not be an issue.

Also as a wise person above said, don't lie to USCIS on any of the forms.

Edited by Dr_LHA
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You're wrong. You don't have to file I-485A or pay the $1000 fine.

I should add, although a consultation with an immigration attorny is a good idea, if your husband came here legally (i.e. has an I-94) and is married to a US Citizen, his overstay and illegal work will not be an issue.

Also as a wise person above said, don't lie to USCIS on any of the forms.

hmmm..

ok..my husband came in here legally with B-2 visa (more then 10 years ago)... he has overstayed his visa also he works here illegaly for more then 10 years however he pays taxes every year since he came in ...and now he is merried to me (US Citizen )- i hope i make myself clear

any way - Dr LHA ..are you sure that we dont have to fill I-485 supplement A

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You might want to check if you husband has ever left the country in the last ten years.. overstays are forgiven if you haven't left the country since you came in on your original visa.. I might be wrong about this next part but if you have overstayed, left and then came back into the country, you will need to file a waiver.

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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You might want to check if you husband has ever left the country in the last ten years.. overstays are forgiven if you haven't left the country since you came in on your original visa.. I might be wrong about this next part but if you have overstayed, left and then came back into the country, you will need to file a waiver.

:thumbs: True.

Although if he did come back into the country without a visa/I-94, then he'll need more than a waiver, as the only other way in would be to EWI.

I would guess from what the poster said that he has never left the USA since entering however.

Edited by Dr_LHA
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I'm more concerned about what chojna hasn't said than what she has said. She is aware of 2 issues - the overstay and the working without employment authorization. Are there any issues that she hasn't mentioned because she doesn't realize that something is a relevant issue?

Yodrak

You might want to check if you husband has ever left the country in the last ten years.. overstays are forgiven if you haven't left the country since you came in on your original visa.. I might be wrong about this next part but if you have overstayed, left and then came back into the country, you will need to file a waiver.

True.

Although if he did come back into the country without a visa/I-94, then he'll need more than a waiver, as the only other way in would be to EWI.

I would guess from what the poster said that he has never left the USA since entering however.

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