green card through marrige.Unauthorized employment during F1 visa

Y

yujes

New Member
I entered USA as a F-1 visa holder in 2003 and since then I am a F-1 visa holder.
During these last two years of period I have used my social security number as an independent contractor through some part time jobs. I filled my tax forms also.My question is I am about get married with USC and how will my unauthorized employment affect my greencard application?
Is there still a chance for me to get my greencard?
Do i need a lawyer?
What are the ways for me to follow in this case?
Is there anyone who had been in this same situation?
Please help
 
USCIS cannot deny your application for AOS because you have worked illegally if you are filing for AOS through marriage to a US Citizen.
 
I'm pretty much in the same boat as OP. Due to several unexpected events (women are expensive lol) i've found myself in somewhat tight financial situation. I'm in the US on F1 visa, married to a USC recently but i've had to take a job to put in my share of money into our lives. A friend of mine agreed to hire me, I've paid taxes on my income, and other than that i've always stuck to all visa regulations.

So i understand that GC won't be denied based on unauthorized employment. But i'd like to know whether I should disclose the fact that i'm employed in all the paper work? I really don't want to get my friend into any trouble for helping me out. And I don't want to do anything to hurt my own immigration process either, because the sooner i get my GC the sooner I can provide for my wife properly.

So should I list my current job in the forms or omit this information and hope they don't find out? If I do include this info should i give an explanation as to why i'm violating my terms of my current visa e.g. I need to provide for my wife?

Thanks for any and all advise,

Mike
 
You shouldn't lie on your forms. Given the current rate of prosecution of companies hiring illegal workers in this country (close to none), I wouldn't worry about it personally.
 
so i don't really have to worry about my buddy, thats good, since he kinda went out on the limb for me. but will there be any need for me to explain my employment in the cover letter or anything like that or is it best not to draw too much attention to it?
 
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another quick question: since I am paying tax on this income can I use this income for an aff. of sup.?
 
mroels said:
another quick question: since I am paying tax on this income can I use this income for an aff. of sup.?
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You want to use money earned illegally on your Affidavit of Support? Hmm... I guess I can't think of a reason why not.... certainly sounds dodgy though. You might want to read the instructions carefully. I have a recollection that money earned while not in legal status cannot be used, not sure though.
 
So my unauthorized employment wouldnt affect my greencard process?Do i still need a lawyer though?
Also is there any question in any of the greencard aplication forms regarding unauthorized employment?if there is how am i supposed answer those questions?I know lying is not a good idea but if they cnt find it why should i tell them about it?
 
yujes said:
So my unauthorized employment wouldnt affect my greencard process?Do i still need a lawyer though?
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You need a lawyer if you think you need a lawyer. Can you complete this process without one? Yes. A lawyer doesn't do any special magic at this point in the process. You can get through this by learning and asking questions here.
Also is there any question in any of the greencard aplication forms regarding unauthorized employment?if there is how am i supposed answer those questions?I know lying is not a good idea but if they cnt find it why should i tell them about it?
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Don't lie on the form. Remember what I said, USCIS is not legally allowed to hold that fact that you worked illegally against you when making the decision whether or not to give you a Green Card if you are married to a US Citizen. Its clearly stated in the Immigration and Naturalization Act.
 
Not to rain on your parade, but doesn't working outside the F1 regulations mean you were not legally in F1 status? So they could argue that since you didn't maintain your F1 status here (by working outside F1 regulations), you were illegally present and that could certainly hurt you - I'm not sure by how much. So yeah, get a lawyer!
 
dcAndreas said:
Not to rain on your parade, but doesn't working outside the F1 regulations mean you were not legally in F1 status? So they could argue that since you didn't maintain your F1 status here (by working outside F1 regulations), you were illegally present and that could certainly hurt you - I'm not sure by how much. So yeah, get a lawyer!
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There are several issues here ---- do not confuse them. The fact that he worked illegally, i.e. disobeyed F1 regulations, means that he breached the conditions of his F1 visa. However, that does not make his presence illegal in the sense that you are intending. Such unauthorized employment, and even unlawful status (provided there was legal entry), is forgiven to spouses of USC when I485 is filed. This is mandated by statutory law.
 
pianoplayer said:
There are several issues here ---- do not confuse them. The fact that he worked illegally, i.e. disobeyed F1 regulations, means that he breached the conditions of his F1 visa. However, that does not make his presence illegal in the sense that you are intending. Such unauthorized employment, and even unlawful status (provided there was legal entry), is forgiven to spouses of USC when I485 is filed. This is mandated by statutory law.
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Exactly. I.e. a lawyer is not required for this case IMHO.
 
pianoplayer said:
Agreed. Based on the FACTS HE PROVIDED, I do not necessarily see a need to retain an attorney.
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I cannot be held responsible for any missing evidence. ;)
 
dr_lha said:
I cannot be held responsible for any missing evidence. ;)
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Dr Iha:

Of course not! It is usually part of my general disclaimer, because people often tend to provide only some facts, leaving important ones out. Then later, they come out with some additional information that could have made a big difference to the outcome. And they are mad about the initial advice. Hence, the "disclaimer".
 
No that s all i have done.I came to USA as a F1 visa holder 3 years ago with a basketball scholarship then i had an injury so my scholarship didnt continue.I had to pay my own tuition so i started working using my SSN illegally. My F1 on my passport ends in May 2007. Now I am about marry with a US citizen ( a girl that I love) so I just wanted to make sure that me engaging with unauthorized emloyment wouldnt affect my grenncard application.Cause my girlfriend wants get married and she wants to stay in USA. So myonly option is getting a greencard if I can.You guys think I can get it ?
 
yujes said:
No that s all i have done.I came to USA as a F1 visa holder 3 years ago with a basketball scholarship then i had an injury so my scholarship didnt continue.I had to pay my own tuition so i started working using my SSN illegally. My F1 on my passport ends in May 2007. Now I am about marry with a US citizen ( a girl that I love) so I just wanted to make sure that me engaging with unauthorized emloyment wouldnt affect my grenncard application.Cause my girlfriend wants get married and she wants to stay in USA. So myonly option is getting a greencard if I can.You guys think I can get it ?
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Nothing in your facts suggest that you will not successfully apply. Relax and enjoy the wedding!
 
you guys didn't answer if they need two affidavits

im in the same boat about to file and I've been working too but im confuse with the affidavit of support, do we need two or one?
 
keymelky said:
im in the same boat about to file and I've been working too but im confuse with the affidavit of support, do we need two or one?
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If the petitioner, the USC, meets the required income requirements, he only needs to submit one I864.
 
How is it affected by marking "citizen"?

While working without authorization, and using your social security card, did you mark "US citizen" on the W-4 so that you could work without showing papers, just your social security card?

My husband did that.

We are now in the process of filing for AOS, etc. I am wracked with anxiety - will his having marked "US Citizen" so he could work by just showing his social security card cause him to not be able to adjust status and be deported?

Is this what you did? Anyone know if a bonafied, legitimate marriage to a US Citizen will have this act forgiven?

-Nelle
 
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