mikelovesgracey

Here is just what you are looking for http://www.atl-filam.org/

pushbrk can probaly answer this. Since at the time she submitted the docs he was employeed can she not go by that? After all there is no requirement to update it right? it has already been sent. Another thing I'm curious about is if he has had solid work history could he not go to legal zoom and get a S-Corp or something to show? Just an idea, thoughts welcome.

The affidavits of support require dated signatures below statements of "current" income. Representing current income from a job you don't currently have is fraud.

I would def come clean and tell them that he lost his job, do not keep and use the old letter, pay stubs, ect from the old employer. Just be confident and maybe say something like ....he is currently pursuing a better oportunity. Do everything else i mentioned and you should be ok. Get your college records if you have any to take. It will help. Keep in mind they are only concerned about you becoming a public charge. if he has had sufficient income for last 2-3 yrs via tax docs you should be ok. Take 3 yrs worth if you can. This will show the CO a history of working income, rather than a history of his current unemployed status. Still get those co-sponsors if you can. That takes time so try to move quickly. Best to you...

Please take this advice and call your embassy 044-4231-6767 to ensure they accept co-sponsorship. Do not rely on any printed information. I had this very same problem you are having. If they allow it, get 2 co-sponsors if you can. The higher the income, property, securities, ect the better. They look at work history and if you meet the income requirements mostly from tax records, bank docs, property, securities, ect. not nessesarily current job status. This is a very crucial time for you and things move very quickly from the NVC so please don't delay. Best of luck to you. Oh and one other note if you have a high education that also helps. I'm ashamed to say thay because of circumstances that happened to me from my prior marriage, that I didn't even meet the income requirements, and also had no job during the interview. They also didn't allow co-sponsorship, but through the grace of God we passed. My wife really stood up and took control during the interview and the fact that she had family here and is a physical therapist helped, but we had god on our side that day for sure. This situation is not typical by any means so please do all you can. There Isn't a min to spare! Best of luck!

Gracey had the same issue. In our case the court decree stating that you have sole custody was all we needed, but it's best you call to make sure so that there are no surprises later. Best of luck!

Congratulations....things speed up rather quickly from here. Call the NVC in about a week to see if they have forwarded to your embassy, or everyday if you are impatient like me. Then wait about another 5-7 day's and call the embassy, wait longer if you want because this costs money in most cases. Next they will send you, not the petitioner, your packet. We scheduled our interview ASAP I don't think we even waited on the packet to arrive. Important thing now is to be gathering everything for your interview. Here is a detailed flowchart. Best of luck! http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Gracey took a book of stuff so thick her 105 pound butt could hardly carry it, she even went as fas as to make a custom scrapbook encased in paper and ribbons the CO was impressed, but I think they see so much on a daily basis they are focused in like a laser on just what they are looking for and iggy the rest of it, but go for it. It certainly won't hurt and it will give you confidence goin in and kill the waiting time in between to boot! Best of luck to ya.

Here is the number to call and ask. Some allow it and some don't as Bobby said, but I wouldn't have him make a special trip to sit in the waiting area or anything. If he is going there anyway during that time by all means take him with ya, but otherwise it's a big expense for nothing. If you get denied or approved it won't be because he's sitting out to be with you. Best of luck to you.

(34) 91 587 2244 Mondays, Tuesdays and Thursdays from 15:00 to 17:00

It is really funny, coz I never worked or even considered working illegally and during my initial AOS, IO said something like "Hrm, it shows that you worked illegally". And I was like " really? where? I barely even worked as a student and when I did it was on campus...so how then?" And she mumbled something and then just skipped that subject altogether. I think she was trying to make me spill the beans: not sure why.

Interesting info indeed.....i should be a pro at this because its my second time goin through this process but my interview was long ago and I don't recall much.

To echo what John posted (nice write up btw John ) -

If it can't be used against you for the AOS, how could it be used against you for the ROC?

Remember - they are checking that you two have a bona fide marriage, and to make sure it wasn't entered into for immigration purposes only.

You guys both make a very good point and I agree with you both. I will rest my mind now and go help a few newbies.....thank you all so so very much and best of luck.

Mike

As I see it, not declaring that she was working when you filed the AOS does not rise to the level of material misrepresentation in this instance. It was misrepresentation, but not material. You can (and there are cases that have) lose any immigrant benefit subsequent to a material misrepresentation. To rise to the level of material misrepresentation, it would have to result in a benefit that would likely not have been granted had the truth been known. Since the adjustment cannot be denied for working without authorization if you are the immediate family member of a USC, then that threshhold has not been reached. However, had they not been the immediate relative of a USC, the exact same omission would have amounted to material misrepresentation and the permanent residence could be revoked. I don't want to give the impression that these actions are not serious, but looking at it from a purely legal standpoint, previous case law decisions have certainly rescued you in this instance.

Thanks John and I totally agree with everything you have said and I read what Bobby sent so you guys are both correct, but this only pertains to AOS right? I am simply wondering if this may cause a bonafide issue during our interview or any other unforeseen issue thanks again....I will be waiting eagerly for your reply.

erm - working "off the books" and not declaring it on income taxes is illegal.

It's what brought down Al Capone

It won't - read the link from the lawyer I gave you

I don't condone working off the books, all I was saying is that if you are gonna do it that it's best to be off the books rather than 1099 and risk getting busted working out of status. Let's be honest when alot of people first get here they are low on money and alot work in some capacity whether is cleaning someones house or whatever.....just be safe is the bottom line and don't do anything illegal to jeopardize your case if you can keep from it.....like I may have done.

Bobby the link you sent is concerning AOs which we have had for a good while, I'm only worried about lifting of conditions during the interview if this can cause a red flag. Thanks

First, the 1099 does not show when she worked just the year and the employer. Second, if they ask specifically about the dates of the work (which I doubt they will do) just be honest about it. If you use a tax transcript I am not so sure the income even shows who earned it.

I don't think anyone can comfort your nerves on this one,,, The government is not good about sharing information with other agencies and I think they will focus on the relationship bonafides,,, not, your employment. Just a thought...

Good Luck,

Great info Douglas and you are right the 1099 doesn't show dates, but is reported quarterly by the companies CPA I'm sure so I'm also wondering about how to deal with the dates. i agree it's best to be honest and let them see she worked without the EAD and at least be bonafide. Great info thanks again.

erm - working "off the books" and not declaring it on income taxes is illegal.

It's what brought down Al Capone

Man this post is getting confusing, maybe because I'm not being clear enough. She intends on paying her taxes even though the 16th amendment is a farce, the IRS has the guns and power so no the taxes will be paid that was never an issue. What I was saying was that she never reported the job when filing the AOS.

Ok I'm going to look for your link now Bobby I didn't think it posed . but I will go double check. If not can you send it again please? And thanks again for all your help you are giving. i hope this post will help others.

It won't - read the link from the lawyer I gave you

AOS was filed a few months after she worked there and it wasn't reported. She worked there about 5 months and during her next job did have the EAD. Thanks

Can anyone verify this won't become an issue at the interview? Thanks so much.

Did she get her job here in US before you filed for AOS or after?

AOS was filed a few months after she worked there and it wasn't reported. She worked there about 5 months and during her next job did have the EAD. Thanks

Ok so working without the EAD will not be looked upon during the interview? I was just thinking that this could present a problem when they see this. I should know this because this is my second marriage to a foreigner, just can't remember what all took place last time as that was a long time ago. Thanks again John!

Hey John you still here?

Can anyone else verify this won't become an issue at the interview? I'm not a 100% John was clear on the circumstances earlier. Thanks

It seems that people are confused. Let me see if I can clarify.

1. Before she received her greencard, she worked without an EAD.

2. She subsequently received her greencard. (Btw, did you mention her illegal work on the AOS application?)

3. It's time to remove conditions and you are afraid her illegal work will come up in the interview.

Does that about cover it?

If it doesn't come up, then obviously don't bring it up. You never want to offer any extra information. But whatever you do, DO NOT LIE about anything. Keep in mind that they may already know the answer to something, but will ask anyway just to see if you'll lie.

Yes that is all correct, except she never indicated she worked on the AOS. Thanks

With that being said, I wouldn't recommend people running out to work without the EAD - even though there is precedent to allow it to be "forgiven" with the conditions outlined above, you would have to pay for any lawyer/court costs if it becomes an issue and USCIS gets it in their head to deport/refuse an application...

and who needs more worries?

Right you are Bobby....and if you do have to resort to some desperate stupid decision like this, best make sure you are 100% off the books!

Now it makes a lot more sense, all i saw originally was the arriving on K-1 and working without authorization ( which could lead to arrest if a workplace raid happened)

Since she had her greencard she is/was authorized to work. So no problem. If you might, might be referring to not paying taxes since she received a 1099 an not a w-2 this would be addressed when she files her taxes dependent on how much she made and how much she owes total (or both of you as I always recommend running the figures both join and filing separate).

No Belinda it is like you initially thought. She worked without the EAD. I realize taxes will have to be paid and i'm not concerned about that. This took place before she received the green card, but since we will be interviewed to lift conditions and prove the marriage in bonafide I worry this could be looked upon.

Tax records are not required for lifting conditions. They are, however, normally used to show bonafides of the marriage if you filed a joint return.

If you are a permanent resident and got a 1099, then you did not work without authorization--you worked as an independent contractor and you will owe some money to social security in addition to federal tax when you file your federal return.

Ok so working without the EAD will not be looked upon during the interview? I was just thinking that this could present a problem when they see this. I should know this because this is my second marriage to a foreigner, just can't remember what all took place last time as that was a long time ago. Thanks again John!

Just get it submitted right away and be honest with all your answers. As the immediate relative of a USC, they are fairly well protected by statute and by case law.

Any out of status time cannot be a cause for denial.

Work without authorization cannot be a cause for denial.

Apply for EAD with the AOS. Not having adequate income is a cause for denial. However, you can combine your joint income to meet the requirement.

I need to clairify something. We filed AOS and have received the green card. It's the lifting of conditions that I'm concerned about when we are interviewed next year. I'm sure they will review tax records right?

Maybe I need to update our timeline I been away for awhile.

Thanks Bobby

So is this person a relative of an USC?

Yes they are John and thanks so much for your help. I greatly appreciate any info you can provide.

Perhaps you should slow down and read what John actually wrote?

He was asking if the person is a relative of a US citizen. (not the university of California)

My appologies John I miss read what you typed and I really on edge right now.

There was no judgement in my post.