Does Unauthorized Self-Employment Affect Marriage Application to a Permanent Resident? I-130, G-325a

[Namor]

I (F1) and my wife (permanent resident) seriously consider filing I-130 and the required G-325a to see if the priority date becomes current before my wife gets her citizenship in early 2016. However, both of those forms ask about my employment and I was wondering what happens if I mention my unauthorized self-employment? Is there a chance that they will cancel my F1 status and tell me to go back to my home country until the priority date becomes current? It looks like when a citizen applies for you, most of the time it's all waved but what happens when a resident applies? Do you think it might be better to wait in this case? Thank you!!!!

P.S. My company is licenced and I've been paying all taxes.

Just in case, here is the same question asked if a different way:
Will USCIS Cancel my F1 Status if I Declare Unauthorized Employment on I-130 and G-325a After Marrying a LPR?

Once again, thank you!

 

[newacct]

It will not be good. Unauthorized employment violates your F1 status. They will find that you are not in F1 status and kick you out. At the very least, you won't be able to adjust status from the petition anyway because as a non-immediate-relative you need to be in status to apply to adjust status. When it's the spouse of a citizen it's different.

 

[Namor]

Thank you for your response!

As of this moment, my F1 status is valid and I'm a full-time student.
But, as far as I understand, if I file I-130 now, they will cancel my status after they see that I work and I will have to go back to my home country and wait for my wife to become a citizen? Is this correct?

If that's the case, I'd rather wait here, keep my status and apply later

 

[newacct]

Thank you for your response!

As of this moment, my F1 status is valid and I'm a full-time student.
But, as far as I understand, if I file I-130 now, they will cancel my status after they see that I work and I will have to go back to my home country and wait for my wife to become a citizen? Is this correct?

If that's the case, I'd rather wait here, keep my status and apply later

Well, I wouldn't necessarily say that your "F1 status is valid". You have violated it, but they just don't know yet.

 

[Namor]

Unfortunately, that's the case with 90% to 95% of all F1 students here in the US because there are no alternative ways to stay here. I'd rather pay $5000 cash every year to the Americans just so that I can have have a work permit, a drivers licence and no school. I've already graduated 5 times and I'm now creating jobs. If there was a way to do it right (besides leaving the U.S.), I'd be the first in line!