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Help,

 

My wife came here on a k-1 visa and we applied for her green card shortly after getting married in the US. A couple of months after that we got in a financial pickle and my wife decided to look for jobs. She had received an SSN after we got married and we thought that she could get a job with that while we waited for her EAD (been 200+days and still waiting for that) and her green card. Long story short she got a job at the chiropractic office and everything was fine for 6 months. Just last month I stumbled upon a rule stating she technically isn't allowed to work with her type of SSN. We are freaking out because we are near the end of the green card process and most likely have an interview coming up. She quit her job as soon as we realized what she was doing was unlawful, but I fear that she had the job for much too long and that her green card application could be denied. Is there anything I can do?

Edited by hmnguyen14
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What did you think the EAD was for?  Her SS card should specifically state only valid with work permit. 


K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

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The employer clearly didn't know that that ment because my husband, both companies he got hired with while he had his EAD had great knowledge of it and made him show everything to verify he could work before they hired him.

 

Key thing is, just claiming "we didn't know" is not an acceptable answer when the whole point of the EAD card is, it's your work permit. Without it, you can't work. It is your responsibility to understand the process.

 

What will happen? Can't tell you, but come an interview disclose anything asked and be fully honest. Better to be honest and deal with the consequences than lie and have it bite you years down the road.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

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2 hours ago, hmnguyen14 said:

It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

Not the employers fault.     USCIS has self check on it's site where you can put in your information to determine if you are eligible for employment, so if you weren't sure all you had to do was look it up on the USCIS website.  

https://www.e-verify.gov/mye-verify/self-check

 

If I were you, I would revisit the USCIS website to review what you can and can't do while processing AOS, and as an LPR, (ie, voting, claiming to be a US citizen, etc)  because saying you didn't know won't cut it.


K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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6 hours ago, hmnguyen14 said:

It says "valid with DHS authorization" which since she got hired we assumed that she was authorized, because if she wasn't we thought the employer wouldve denied her application. We have since then learned otherwise. 

 

That DHS authorization would have been her EAD (I have a similar note on my SSN, but I came here on a TN, so my authorization was my I-94 with my company name on it which will eventually be superseded by my EAD).

 

The fact that she was hired just means that her employer didn't check if she was authorized (she would have needed to provide the documents to them if she was, at which point they would have known she didn't have work authorization), but when it comes to your AoS, this is on you. It's pretty clear from the get-go that you can't work during AoS without authorization, and it's surprising that it took this long to realize it.

 

All you can do is be truthful from hereon out. 


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee (via Form G-1450)

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case 

12/17/2018 [Day 14] -- Four (4) hard copy NOAs received in mail (Notice Date: 12/10/2018, Priority Date: 12/03/2018) 

12/21/2018 [Day 18] -- Biometrics notice received

12/24/2018 [Day 21] -- Courtesy letter received for I-693

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- I-485 Status changed to "Biometrics review completed"

02/13/2019 [Day 72] -- I-485 Status changed to "Case is Ready to Be Scheduled for An Interview"

02/25/2019 [Day 84] -- AP expedite request submitted via phone

02/27/2019 [Day 86] -- AP expedite request denied via email

03/22/2019 [Day 109] -- I-765 Status changed to "New Card Being Produced"

 xx/xx/2019 [Day xx] -- EAD/AP combo card received

 xx/xx/2019 [Day xx] -- Interview notice received

 xx/xx/2019 [Day xx] -- AOS interview 

 xx/xx/2019 [Day xx] -- Green card received 

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Technically unauthorized work of a spouse of a USC is forgiven. 

 

My husband voluntarily told the officer at the AOS interview that he worked while unauthorized and the officer didn't even mention anything. We were still approved. 


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 



s-event.png

 

 

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2 minutes ago, little immigrant said:

Technically unauthorized work of a spouse of a USC is forgiven. 

 

My husband voluntarily told the officer at the AOS interview that he worked while unauthorized and the officer didn't even mention anything. We were still approved. 

Talked to an attorney, and they told me just this! Great news as long as we're honest we have a very high chance of it not being a problem

 

 

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7 hours ago, agrabs said:

Not the employers fault.     USCIS has self check on it's site where you can put in your information to determine if you are eligible for employment, so if you weren't sure all you had to do was look it up on the USCIS website.  

https://www.e-verify.gov/mye-verify/self-check

 

If I were you, I would revisit the USCIS website to review what you can and can't do while processing AOS, and as an LPR, (ie, voting, claiming to be a US citizen, etc)  because saying you didn't know won't cut it.

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

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31 minutes ago, hmnguyen14 said:

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

Me too


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 



s-event.png

 

 

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43 minutes ago, hmnguyen14 said:

"Sorry, we are unable to give you access to the Self Check service at this time because the third party identity assurance service was unable to generate enough information about you in order to create a quiz to confirm your identity. The information you provided has not been checked against U.S. government databases for employment eligibility." 

 

When I try self check I get this

 

11 minutes ago, little immigrant said:

Me too

When I went to the site, it said Self Check is down for maintenance.


03/01/2018 - I-129F Sent

03/05/2018 - I-129F NOA1 (old site)

03/08/2018 - I-129F NOA1 (new site)
09/14/2018 - I-129F NOA2 

10/16/2018 - NVC Received

10/21/2018 - Consulate Received 

10/21/2018 - Packet 3 Received

12/30/2018 - Packet 3 Sent

01/06/2019 - Packet 4 Received

01/29/2019 - Interview Date - APPROVED!

02/05/2019 - Visa Received

05/17/2019 - U.S. Arrival

##/##/2019 - Married
 

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