Jump to content

USICS forgiveness?

2 posts in this topic

Recommended Posts

I'm a USC considering marriage to a J1 (not subject to the 2 year residence requirement) -> changed status to B2 -> currently overstaying by 10 months due to our relationship.


Since she's in the country, it seems like getting married then going the i130/i485 path is the way to go.

Though from what I understand, during the whole process (which is likely to take year for the petitions/filing) there's nothing preventing her from being detained for removal proceedings.

Naturally, that would put quite the hamper on our new marriage, so it's making me reluctant to proceed.


So my thought is to begin obtaining evidence for a bonafide relationship now, having a quick informal marriage in the near future, but then redo a formal marriage once she is safe from deportation, whenever that may be.


This seems like the natural thing to do, because why waste that time planning a marriage when your spouse could be pulled out of the country out of nowhere?


However, this raises a few questions -

Wouldn't USICS wonder why a formal wedding wasn't had?

Wouldn't having an informal marriage to avoid such a disaster negatively impact the petition due to less family in the photos/less proof of a marriage celebration?


Furthermore, the USICS wants proof that we cohabitate, file taxes together, share rent/utilities, share bank/credit info, etc.

However, someone on a B2 visa like her is not legally authorized to work.

For her to afford rent/utilities and the other documents they demand, she would need to work, which is not legally authorized.

It's like a catch-22.


Having said that, she does work under the table and hasn't filed taxes, but I believe that can be forgiven when filing i130/i485, but is it expected for us to detail that sort of employment information in the petition when it's not authorized to begin with?

Wouldn't filing taxes this year raise flags that could cause her deportation, and/or her employers/friends to be deported?


I suspect the answer is never to lie and include employer information in the petition and to tell the truth during the future interview, but she doesn't want her employer to get in trouble.


Does anyone have a similar situation and can you shed some light on my confusion? Thanks.

Share this post

Link to post
Share on other sites

Once AOS is filed, she has authorized stay while the case is pending. She won’t be detained or deported just for being in the country (but can be for other types of offenses such as criminal violations).


USCIS doesn’t care how you marry...just as long as it is a legal wedding. They don’t really care about wedding photos. They want evidence of a boba fide marriage, not a wedding.


The types of evidence they want is not limited to just joint accounts and such. Time spent together is #1. They know people who are overstaying a visa likely don’t have certain types of evidence. Show the types of evidences you can. When she gets an EAD, she can get an SSN and use that to show more evidences.


The unauthorized work is not a bar to AOS in your case. But she should not be working either since it is not legal. The employment MUST be reported on the forms where appropriate and she is required to file and pay taxes on any income earned. It will not cause an issue with immigration...IRS and DHS are separate departments anyway.


Technically the employer can get in trouble if it is discovered (not just by filing taxes though). But this is no different to the situation right now.

But it is what it is...NEVER lie to anybody in immigration or on any immigration forms. This is a permanent bar for misrepresentation. Don’t even consider it.



AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received





12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received



4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017



5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE



Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.