nelifi

The overstay has suddenly become a very significant factor.

Does it include overstay of tourist/student visas or only VWP?

1) Father

2) Mother

Thank you.

I have another silly question. My wife was not required to file taxes in 2007, so do I check the box #25 on form I-864 "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year"? Or just leave it empty?

Thanks everyone for your help, I really appreciate it.

I have a few more questions regarding the Affidavit of Support form. I don't want to create a new topic, so I just post it here.

My wife was a full-time student last year and her 2009 tax returns are below the poverty line. But in June 2009 when the school was over she got a full-time job and her current income is enough to be my only sponsor.

1) If we provide a letter from her employer stating her annual salary and some pay stubs, would it work? Or we definitely need a joint sponsor?

2) If we send our AOS package and IO decide that my wife's income is not enough, the case would be denied or we get a RFE first?

3) And does violation of previous visa/status prevent a person from AOS in general?

I had a quick word with an attorney today and asked her if my illegal employment while on B-2 would affect my case. She said yes, my case could be denied, since I violated my B-2 status and worked without permission. So now I'm very confused and don't know what to do. My package is ready to be sent, but I'm freaking out. So I would like to know if:

1) Anybody worked illegally while on B-2 visa and then successfully adjusted their status to permanent resident?

2) Anybody hear about cases being denied over visa violation or illegal employment?

I would really appreciate your help.

Thank you everyone for your help. I'm very pleased to see how many people are trying to help each other with their immigration cases.

I have no problems with listing my other jobs in the form since I worked there while I was already out of status, I only worry about this particular job. Since I was working there while I was changing my status to B-2 and then extending it 6 months later. So, wouldn't it be considered as a misrepresentation, since I was telling USCIS that I need this status to travel and see places but in real life I was working without a permission. It's like I willfully lied about my intentions. And I worry this can be a very big issue and can prevent me from AOS.

Hello everyone.

My story: I came to the US in 2007 as J-1 student for 3 months. When my visa was about to expire I applied for B-2 status for 6 months and then extended it for another 6. After that I became out of status. I've been out of status for almost 2 years. 7 months ago I married a USC and we are almost ready to send our AOS package.

But there is one thing that really worries me. On form G-325A I must list my employment history for the last 5 years. When I was on B-2 status I was working (illegally of course). So my question is - would it be considered as immigration fraud or something like that since I applied for tourist status (to travel etc.), but instead I immediately started working illegally. And 6 months later I applied to extend my tourist status, but instead of traveling and being a tourist I continued to work illegally. Would it have a negative impact on my AOS case?

Or maybe I should just not list that job on the form, since I was getting paid cash and there is no way to tell that I was actually working there?

I know that they forgive your illegal employment when you marry a USC, but in this case I knew that I would work illegally when I was applying for B-2 status. And I'm not sure if they forgive that.

Thank you.