filing spouse's i-485 with SSN that is used to illegally work

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nick_mn

New Member
Hi all. I need help from you about my i-485 application.
My wife is applying for employment based GC. Her PERM and I-140 has been approved within 5 months. Now she is gonna apply for i-485 and this is when I am gonna apply as a spouse. But I have one big problem with my SSN. I have used my SSN to work without authorization while i was in F-1 visa (later F-2 visa). (We both got our SSN through OPT) But her SSN is Ok, never been used illegally and we both have graduated good universities and we have never been out of status. SO what should I do now? Based on my read of this forum I should not hide my SSN on my application and I should write down my SSN. If I do that will USCIS find out about it cause us problem? It looks like if GC is being applied though marriage these kind of problems gets forgiven. What do you think will happen in our case?
 
How many months did you work illegally? What is your immigration status now, H1B? Have you exited and reentered the US with a visa (other than the same old F1/F2) since that illegal employment?

It looks like if GC is being applied though marriage these kind of problems gets forgiven.
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Generally, that forgiveness is only for marriage to a US citizen. For others, it depends on the age and duration of the employment and other facts.
 
more info

Jackolantern said:
How many months did you work illegally? What is your immigration status now, H1B? Have you exited and reentered the US with a visa (other than the same old F1/F2) since that illegal employment?


Generally, that forgiveness is only for marriage to a US citizen. For others, it depends on the age and duration of the employment and other facts.
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i have worked pretty long, as matter of fact i am still working. My immigration status of of today is F-2 (my wife's F-1) and no, I have not left US since illegal employment.
 
How long is "pretty long"? Longer than 180 days? If yes, you need to leave the US, because you won't be allowed to adjust status in the US if USCIS finds out what you did (which they could find out during the scrutiny of the green card process).

But you might be able to get a green card through a consulate via follow-to-join, due to favorable rules for how they count unlawful presence for F visa violators. I suggest you consult an immigration lawyer or two before taking further action (tell them you're not going to use a lawyer for the application, you only want advice on your available options and the consequences).
 
For the I-485 application, you have to submit a copy of your I-94 or F1/F2 visa in order to show that you entered the US legally. You also have to submit the identifying pages of your passport. All of that information uniquely identifies you as an individual, and they'll be able to use that to trace it to your SSN if they want to.
 
As suggested by others, you might face tough time getting her I-485 approval. Only exception being Section 245K, 180 days or less of unauthorized employment OR if it is family based I-485 spouse being US citizen
 
Illegally working and filing I-140 and I-485 petition

Hello everyone,

My husband and I recently got married. He currently works at a major restaurant since February of this year (locations nationally).

(Background information):
He originally applied on 2 separate occasions for a green card and adjustment of status with his previous wife of 7 years. The first application was approved and an interview was scheduled but they missed that date so the application was declined. Eventually he moves back to his country while still married to her to attend school. Upon his graduation he moved back to the States (his country of citizenship participates in the Visa Waiver Program) and just 2 years ago they applied for the second time a I-140 and I-485. The applications were approved and an employment authorization card was issued (valid for only 1 year). An interview was later scheduled and they did not show up because they legally separated and ended up getting a divorce. He went back home for 2 months and came back just this January and started working at this major restaurant in February (his company does not participate in E-Verify) since the authorization card did not expired he used that to show proof of employment and was hired. He is currently working illegally on an expired Work Authorization Card. He also has a social security number that says for work use only that was issued 7 years ago. Taxes are taken out of his pay check but he has never filed any tax returns.



We have been friends when he first got married and have maintained that friendship throughout his stay here in the US and when he was abroad. We eventually become a couple and we just recently we got married this month (living together, sharing the household expenses.. the whole 9 yards--no kids yet).
Now we are about to file the I-140 and I-485. I noticed on the application it asked for employer information. I told him to go ahead and put this job info on there but he is adamant about leaving it blank thinking USCIS won't know and he is going to get in trouble to working illegally.

So my question is:
What will be the impact if they found out he was illegally working? Do they research applicants job history or social security number history? Since his last entry legally into the States he has been here for 8 months. What could happen?

Thanks
 
brighteyes33312 said:
The first application was approved and an interview was scheduled ...

The applications were approved and an employment authorization card was issued (valid for only 1 year).
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The applications were not approved. If approved, he'd have a green card. They were only accepted for processing, not approved.

What will be the impact if they found out he was illegally working? Do they research applicants job history or social security number history?
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Sometimes they do research it, and if they find out that he lied he'll be deported. Unauthorized employment is forgiven for spouses of US citizens who adjust status, so lying about it would be stupid.

Since his last entry legally into the States he has been here for 8 months. What could happen?
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Was his I-485 denied before he reentered the US? If yes, his last entry may have been illegal because he used a document at the port of entry that he no longer had the right to use, especially if he left the US more than 180 days after the I-485 denial.
 
Was his I-485 denied before he reentered the US? If yes, his last entry may have been illegal because he used a document at the port of entry that he no longer had the right to use, especially if he left the US more than 180 days after the I-485 denial.[/QUOTE]

Hello he re-entered the US using his Foreign Passport and no visa because his country of citizenship is part of the visa waiver program. So he entered as a visitor with a 90 day stay granted. He did not present any of the documents he received from the USCIS.
 
Due to a series of court rulings in recent years, USCIS has been denying most I-485 applicants who used the visa waiver for their last entry to the US and then overstayed the 90 days before filing I-485.

His 90 days would have expired in April, so fortunately he still has less than 180 days of overstay. If he leaves the US before overstaying 180 days, he can successfully pursue the green card process through a US consulate in his country, provided that he didn't have a 180+ day overstay following(or before) his previous failed attempts at AOS.
 
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