J1 visa that is terminated and marriage

[USS_Voyager 1,971]

8 minutes ago, USS_Voyager said:

Of course, I forgot about that. OP, please check her J-1 visa about the 2 year rule.

This is a good article for tonight's reading: https://citizenpath.com/marriage-us-citizen-visa-overstay/

 

 

[ChristopherCham 3]

1 minute ago, USS_Voyager said:

This is a good article for tonight's reading: https://citizenpath.com/marriage-us-citizen-visa-overstay/

 

 

Thank you, I have actually read this already, I have been all over the internet for the past few months reading anywhere and anything i can on the subject. 

[SusieQQQ 11,584]

9 minutes ago, ChristopherCham said:

We have been advised to not be honest about her working and I'm not really comfortable with being dishonest about any of this when the time comes to tell how we met and everything. There is concern that the people that have employed her will get into trouble

 

6 minutes ago, geowrian said:

No idea who advised you about it, but never lie to anybody in immigration. The penalty is a permanent bar.

Unauthorized employment isn't a bar for her AOS anyway.

 

 

Yup. Seems you have the choice to get people who employ illegal immigrants into trouble, or risk getting your wife-to-be a permanent ban from the US by fraudulent misrepresentation to an immigration officer. Presumably the employers are USCs and not deportable though, so I guess they may just get a fine or slap on the wrist or something. Unfortunately it’s rare that everyone gets cleanly away when various parties have been breaking laws, seems like everyone here will get off pretty lightly though.

 

(and people wonder why refusal rates for non immigrant visas are high for certain countries....)

Edited January 3, 2019 by SusieQQQ

[ChristopherCham 3]

4 minutes ago, geowrian said:

No idea who advised you about it, but never lie to anybody in immigration. The penalty is a permanent bar.

Unauthorized employment isn't a bar for her AOS anyway.

 

As for the IRs, they don't care about immigration status...just their cut of the income.

The person that advised me is an attorney, but i was not planning to take this advice. I don't want to be dishonest at all 

[EM_Vandaveer 2,364]

7 minutes ago, ChristopherCham said:

We have been advised to not be honest about her working and I'm not really comfortable with being dishonest about any of this when the time comes to tell how we met and everything. There is concern that the people that have employed her will get into trouble

Very, very bad advice. Working illegally won't cause a problem if you get married. Lying to USCIS definitely could, though.

[ChristopherCham 3]

1 minute ago, SusieQQQ said:

 

Yup. Seems you have the choice to get people who employ illegal immigrants into trouble, or risk getting your wife-to-be a permanent ban from the US by fraudulent misrepresentation to an immigration officer. Presumably the employers are USCs and not deportable though, so I guess they may get a fine or something. Unfortunately it’s rare that everyone gets cleanly away when various parties have been breaking laws.  

I understand ...

[payxibka 10,044]

4 minutes ago, geowrian said:

No idea who advised you about it, but never lie to anybody in immigration. The penalty is a permanent bar.

Unauthorized employment isn't a bar for her AOS anyway.

 

As for the IRs, they don't care about immigration status...just their cut of the income.

The moment she ceased being an au pair she broke the terms of her visa and should have departed,  so theoretically she has unauthorized presence as well.  A hurdle that can be overcome but another potential issue 

[EM_Vandaveer 2,364]

Just now, ChristopherCham said:

The person that advised me is an attorney, but i was not planning to take this advice. I don't want to be dishonest at all 

Should get their license taken away...

[EM_Vandaveer 2,364]

Just now, payxibka said:

The moment she ceased being an au pair she broke the terms of her visa and should have departed,  so theoretically she has unauthorized presence as well.  A hurdle that can be overcome but another potential issue 

As long as there is no 2-year HRR, they get married and file for AOS, overstay/unauthorized presence is not a problem.

[geowrian 22,335]

1 minute ago, payxibka said:

The moment she ceased being an au pair she broke the terms of her visa and should have departed,  so theoretically she has unauthorized presence as well.  A hurdle that can be overcome but another potential issue 

More like a very short stepping stone. Its not a bar for AOS as the spouse of a USC. And I doubt it would raise much to any scrutiny on the relationship...it's not like she was put into removal hearings and then met somebody, where the timing is questionable.

[USS_Voyager 1,971]

12 minutes ago, payxibka said:

The moment she ceased being an au pair she broke the terms of her visa and should have departed,  so theoretically she has unauthorized presence as well.  A hurdle that can be overcome but another potential issue 

Not theoretically, she accrued "unlawful presence" all this time since she stopped being an au pair or when her I-94 expired or whatever. But all of that is "forgiven" when she marries a US citizen, and she is eligible to adjust status to Permanent Resident. The only thing she has is a 10 year bar of entry, should she leaves the US anytime before she has at least an approved I-131 Advanced Parole in hand. There is no additional hurdle.

Edited January 3, 2019 by USS_Voyager

[payxibka 10,044]

2 minutes ago, USS_Voyager said:

Not theoretically, she accrued "unlawful presence" all this time since she stopped by an au pair or when her I-94 expired or whatever. But all of that is "forgiven" when she marries a US citizen, and she is eligible to adjust status to Permanent Resident. The only thing she has is a 10 year bar of entry, should she leaves the US anytime before she has at least an approved I-131 Advanced Parole in hand. There is no additional hurdle.

It is a hurdle that the marriage based aos solves.   Thus why I said it can be overcome 

[ChristopherCham 3]

1 minute ago, payxibka said:

It is a hurdle that the marriage based aos solves.   Thus why I said it can be overcome 

Thanks 

[ChristopherCham 3]

Thanks to all that have commented so far 

[payxibka 10,044]

9 minutes ago, geowrian said:

More like a very short stepping stone. Its not a bar for AOS as the spouse of a USC. And I doubt it would raise much to any scrutiny on the relationship...it's not like she was put into removal hearings and then met somebody, where the timing is questionable.

Best not to add facts not in evidence.   Why do you think I said it can be overcome