My husband is adjusting status to me, a USC (merged)

[Misspippin 2]

So my husband had DACA and was denied renewal, so in that he also lost his work authorization. 

 

Well he kept working for a few months. We recently got married and I have begun to fill out the I-485 form.

Questions 16 and 17 ask if you've ever worked unauthorized and if you've ever violated the terms or conditions of your nonimmigrant status. 

 

I know to answer yes to both of these questions. What I'm wondering is, what explanation should we give? Should I just be keeping it short and simple?

Can anyone give me examples of what they put?

[Misspippin 2]

Here is our situation:

On monday (6-3-19) I should be able to finally send out my husbands AOS forms/packet.

Well, a month ago his employment shut down until further notice, so on the paperwork I put he was unemployed. Well he might be getting his job back a few days after I send the paperwork.

My question is this:

Should we send the paperwork anyway saying hes unemployed since he still technically will be when we send it?

And if we keep it that way, and he gets his job back soon, will USCIS think we intentionally lied and deny us before we even get an interview? Or will they be able to see when he went back?

 

Should I just take that hes unemployed off the paperwork and put his employment back on there since he will be going back in a couple weeks? (After sending the packet)

 

TIA

[belinda63 2,981]

I thought in your other post you said he lost his work authorization? He cannot work until he receives his employment authorization which is free to apply for with the I-485.

[HRQX 4,145]

38 minutes ago, Misspippin said:

What I'm wondering is, what explanation should we give? Should I just be keeping it short and simple?

Can either give no explanation or a short one. For his case, USCIS will not focus on this question: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

[HRQX 4,145]

33 minutes ago, Misspippin said:

Should we send the paperwork anyway saying hes unemployed since he still technically will be when we send it?

Yes. That is what is expected.

[HRQX 4,145]

42 minutes ago, Misspippin said:

So my husband had DACA and was denied renewal...

Is there a specific reason USCIS denied the renewal?

 

Also, how did he last enter the US?

[Misspippin 2]

17 minutes ago, HRQX said:

Can either give no explanation or a short one. For his case, USCIS will not focus on this question: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

So what you're saying is they dont really care since its marriage to a USC? 

[Misspippin 2]

14 minutes ago, HRQX said:

Is there a specific reason USCIS denied the renewal?

 

Also, how did he last enter the US?

His renewal date was past what they were allowing for renewals? I dont have the paper with me for an exact quote.

 

He entered legally as a teenager

[HRQX 4,145]

4 hours ago, Misspippin said:

So what you're saying is they dont really care since its marriage to a USC? 

Yup.

4 hours ago, Misspippin said:

His renewal date was past what they were allowing for renewals? I dont have the paper with me for an exact quote.

 

He entered legally as a teenager

Looks like a straightforward case.

[Misspippin 2]

.

20 minutes ago, HRQX said:

Yup.

Looks like a straightforward case.

Thanks, I'm so sick of people telling me we are screwed. I'm aware what happened isnt right but I also know its forgiven lol.

 

 my sister-in-law is suggesting that I send copies of his tax returns to show that in good faith he still paid his taxes regardless, but since he is not on the i864 form I don't think I really need to send his taxes. Should I anyway to prove that he still did?

[Ontarkie 13,916]

~~MOved to AOS from Work, Student and Tourist Visas, from DACA - As the OP is starting the AOS process for her husband.~~

[HRQX 4,145]

6 hours ago, Misspippin said:

Should I anyway to prove that he still did?

Your choice, but if it was my case I wouldn't.

6 hours ago, Misspippin said:

Thanks, I'm so sick of people telling me we are screwed.

Most onlookers don't know that immigration is full of nuance. The important thing is that you've done the proper research.

 

--------------------------------------------

The following might be a long shot:

Could your husband be exempt of the I-864 requirements by being credited with 40 or more SSA credits? Tally up the following:

• Your husband's SSA credits.
• The SSA credits you earned since marriage. (Probably 0 since you just recently married.)
• The SSA credits his parent(s) earned. (E.g. if his parent(s) had SSN from GC, EAD (i.e. TPS-based, etc.), etc.)

https://secure.ssa.gov/poms.nsf/links/0500502135 "5. Qualifying Quarter (QQ)"

 

https://www.uscis.gov/system/files_force/files/form/i-864w.pdf

Edited May 30, 2019 by HRQX

[HRQX 4,145]

12 hours ago, Misspippin said:

Well he might be getting his job...

Could his employer write-up a job offer letter? After filing the AOS packet he can try to request an EAD expedite based on a job offer: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Quote

Severe financial loss to a company or person, provided that the need for urgent action...

No guarantee but some applicants have been successful in getting the EAD expedited.

Edited May 30, 2019 by HRQX

[Misspippin 2]

11 hours ago, HRQX said:

Could his employer write-up a job offer letter? After filing the AOS packet he can try to request an EAD expedite based on a job offer: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

No guarantee but some applicants have been successful in getting the EAD expedited.

Well he is unauthorized to work at the moment so he is going to be up front with his employers about so we will see if they even let him back anyway.

 

How do you request an expedited EAD?

[Misspippin 2]

So i DACA a year ago and when I tried to renew, they denied my renewal.

 

I am now married and adjusting status. 

 

Well on form I765 there is a question that asks "current immigration status"

I'm not 100% sure what to put.

Should I say, "out of status, DACA was denied"?

Or should I word it differently?

Thanks