Overstay and applying for GC

[pauper]

Hi, I am an USC married to J1 visa holder. My wife's visa expires at the end of September and, due to financial difficulty, she will not be able to file an adjustment of status and apply for GC for at least another six months. When we do have enough money to file for an AOS/GC, she will have overstayed for about half a year. My questions are:

1. How likely would it be for her AOS/GC application to be denied due to the overstay?

2. Will overstaying affect the amount of time it will take her to get her GC once we apply?

3. During the 6 month period when she falls out of status, what kind of work will she be able to get? I'm assuming the only jobs she's qualified will be paid under the table?

4. She has an expired state identification card. Will she be able to get a new ID card from the DMV when she falls out of status?

I will appreciate any help provided. Thanks in advance

 

[Concerned4us]

Illegal work and getting paid under the table is TAX EVASION. This will complicate GC and citizenship.

She will be unable to get a new DL in many states.

If she is subject to the 2 year HRR, she will not be able to do an AOS until she either gets a waiver or serves her time.

Figure out how to get the necessary filing fees and don't put her in this position; she will be deportable. You must have family or credit where you can borrow the realtively small amount (compared to an attorney for a deportation hearing).

 

[Jackolantern]

Hi, I am an USC married to J1 visa holder. My wife's visa expires at the end of September and, due to financial difficulty, she will not be able to file an adjustment of status and apply for GC for at least another six months. When we do have enough money to file for an AOS/GC, she will have overstayed for about half a year.

Do you make enough money to satisfy the income requirements to obtain a green card for her?

She has an SSN, right? If she works after her visa expires, but she uses her SSN so that income taxes and Social Security is withheld, that would avoid tax evasion issues (although of course the work would still be an immigration violation).

 

[TheRealCanadian]

She has an SSN, right? If she works after her visa expires, but she uses her SSN so that income taxes and Social Security is withheld, that would avoid tax evasion issues (although of course the work would still be an immigration violation).

It's worth noting (not specifically directed to you, JOL) that a) unauthorized employment isn't by definition tax evasion, nor is not having taxes withheld at source.

If taxes aren't withheld, it's important that she set aisde 25% and file a return next April declaring this income.

 

[pauper]

i appreciate the replies. its all good advise.

we've tried everything we can to raise money but we just can't find enough. our only option is to wait. she does have a SSN that was issued with her f1 visa that she'll be able to use with her new job so tax evasion shouldn't be an issue.

what about the processing time for GC? will it take longer if she overstays? we are hoping to a have wedding ceremony in thailand sometime late next year or early 2011 and as I understand she will be ineligible for advance parole so we'd have to wait for the GC.

 

[trialanderror83]

i appreciate the replies. its all good advise.

we've tried everything we can to raise money but we just can't find enough. our only option is to wait. she does have a SSN that was issued with her f1 visa that she'll be able to use with her new job so tax evasion shouldn't be an issue.

what about the processing time for GC? will it take longer if she overstays? we are hoping to a have wedding ceremony in thailand sometime late next year or early 2011 and as I understand she will be ineligible for advance parole so we'd have to wait for the GC.

If she does use he SS# to work, make sure she does NOT fill out a I-9 and claim U.S. citizenship for a job!!. Work under the table, it's safer! I was out out status for 8 yrs. Under the table work is fine. Have her file her income taxes...

 

[trialanderror83]

i appreciate the replies. its all good advise.

we've tried everything we can to raise money but we just can't find enough. our only option is to wait. she does have a SSN that was issued with her f1 visa that she'll be able to use with her new job so tax evasion shouldn't be an issue.

what about the processing time for GC? will it take longer if she overstays? we are hoping to a have wedding ceremony in thailand sometime late next year or early 2011 and as I understand she will be ineligible for advance parole so we'd have to wait for the GC.

Don't leave the country to marry in Thailand after her visa expires. 1st she will probably be denied entry back into the U.S. 2nd she will be subject to the 3-10 year ban. You will need a waiver for her to reenter the U.S. It's not worth it.....

 

[Concerned4us]

Working under the table means that SS and Medicare taxes will not be paid by the employer or withheld from employee's wages. It is very unlikely that the employee would make the proper paymenst of 100% of both employer and employee shares of these taxes. Therefore, even if income tax is paid, there is still the evasion of payment of the required payroll taxes. This does not even address the issue of non-payment of state required taxes for workers comp and unemployment.

Therefore working under the table does result in tax evasion by both the employer and employee.

 

[trialanderror83]

Working under the table means that SS and Medicare taxes will not be paid by the employer or withheld from employee's wages. It is very unlikely that the employee would make the proper paymenst of 100% of both employer and employee shares of these taxes. Therefore, even if income tax is paid, there is still the evasion of payment of the required payroll taxes. This does not even address the issue of non-payment of state required taxes for workers comp and unemployment.

Therefore working under the table does result in tax evasion by both the employer and employee.

The other option that the op has is that his wife doesn't work until AOS. Hell once submitted, she should have her EAC in a couple months anyhow. Or if she does work off the books don't disclose it.

USCIS won't ask nor care if she worked anyhow, they never asked me.

 

[Al Southner]

i appreciate the replies. its all good advise.

we've tried everything we can to raise money but we just can't find enough. our only option is to wait. she does have a SSN that was issued with her f1 visa that she'll be able to use with her new job so tax evasion shouldn't be an issue.

what about the processing time for GC? will it take longer if she overstays? we are hoping to a have wedding ceremony in thailand sometime late next year or early 2011 and as I understand she will be ineligible for advance parole so we'd have to wait for the GC.

Dude,

Forget about your glorious wedding in Thailand with her expired visa. She will be banned from returning to the US if you she leaves without completing the GC application process. Complete in your case means: SHE HAS THE GC CARD IN HER HAND TO TRAVEL. If I were in your shoes, I would go to Vegas and marry on one of those drive-through wedding conducted by men wearing a head of a horse. I hear people have fun during those ceremonies and are given a luxurious suite to have honey in the whole experience...

There is a guy who posted here couple of weeks ago, he and wife married in the US and went to a honey in the moon in Aruba, his wife was put on a next plane to her home country upon landing back to the US. She had an expired visa and the hubby had planned to file for her. Can you imagine how terrible that would be?

 

[trialanderror83]

Dude,

Forget about your glorious wedding in Thailand with her expired visa. She will be banned from returning to the US if you she leaves without completing the GC application process. Complete in your case means: SHE HAS THE GC CARD IN HER HAND TO TRAVEL. If I were in your shoes, I would go to Vegas and marry on one of those drive-through wedding conducted by men wearing a head of a horse. I hear people have fun during those ceremonies and are given a luxurious suite to have honey in the whole experience...

There is a guy who posted here couple of weeks ago, he and wife married in the US and went to a honey in the moon in Aruba, his wife was put on a next plane to her home country upon landing back to the US. She had an expired visa and the hubby had planned to file for her. Can you imagine how terrible that would be?

Yeah what he said