illegally worked during overstay

F

Febbet

Registered Users (C)
Hi, I have a burning question.
I got married to a US citizen in Feb 2009, and we filed i-485, i-130, i-765 along with all other documents in June. We have the AOS interview on Sept 15th and have some concerns.

I entered US with F-1 and it expired in 2004. I've been out of status since then and have been working off the books full time since 2007. I don't know what to say during the interview. How I was supporting myself financially and what I was doing if not working.... The lawyer who prepared our paper advised me not to say that I work illegally and told me to say that I was writing a book -- what a prick.... the bottom line is that I don't want to be caught lying.

My husband and I have been together for 3 years and planing to get pregnant. I don't know what I'd do if I have to leave him to go back to my country.

Can someone please tell me what the right thing to say at the interview?
 
If you are asked tell them the truth but if not asked DO NOT volunteer the information
 
Thank you for the reply.
All the paper we submitted says that I never worked illegally.
I told my lawyer that I have been working, but he though it was best not to mention. This lawyer did our paper work but I don't trust him anymore. (He screwed us and lied about not filed our paper several times until I demanded the receipt #s.)
 
Febbet said:
Hi, I have a burning question.
I got married to a US citizen in Feb 2009, and we filed i-485, i-130, i-765 along with all other documents in June. We have the AOS interview on Sept 15th and have some concerns.

I entered US with F-1 and it expired in 2004. I've been out of status since then and have been working off the books full time since 2007. I don't know what to say during the interview. How I was supporting myself financially and what I was doing if not working.... The lawyer who prepared our paper advised me not to say that I work illegally and told me to say that I was writing a book -- what a prick.... the bottom line is that I don't want to be caught lying.

My husband and I have been together for 3 years and planing to get pregnant. I don't know what I'd do if I have to leave him to go back to my country.

Can someone please tell me what the right thing to say at the interview?
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Illegal employment is forgivin when married to a US citizen. USCSIS doesn't care.
 
Do NOT lie to CIS if you'll be asked directly, but don't mention. The illegal work is forgiven when you marry USC, so I doubt they will even ask you about it. HOWEVER, if you filled I-9 form for your employer and checked "USC" there you are in trouble if CIS finds out about it.

P.S. BTW, my best advise to fire the lawyer and get a different one (if you really need one).
 
kittenKat said:
Do NOT lie to CIS if you'll be asked directly, but don't mention. The illegal work is forgiven when you marry USC, so I doubt they will even ask you about it. HOWEVER, if you filled I-9 form for your employer and checked "USC" there you are in trouble if CIS finds out about it.
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He said he worked under the table...no I-9 needed! They wouldn't find out about the I-9 anyhow unless he voluntered to tell them.
 
kittenKat said:
Do you suggest to lie if he'll be asked whether he worked and where? :rolleyes:
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He doesn't have to. It doesn't matter if he worked. If they askd about signing an I-9, then I would consult with my lawyer first before answering that. And yes I wouldnt personally tell them anything about signing the I-9, unless he wants to get deported. I would personally take my chances and let them find it.
 
Thank you everybody for the reply.
I did/do not file I-9 form. My employer pays me from their Japanese branch to my bank account in Japan. So I pay taxes in Japan. I don't know if this is legal but should I say this IF they ask what i was doing while out of status?
 
Febbet said:
Thank you everybody for the reply.
I did/do not file I-9 form. My employer pays me from their Japanese branch to my bank account in Japan. So I pay taxes in Japan. I don't know if this is legal but should I say this IF they ask what i was doing while out of status?
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You are married to a US citizen. They do not care how, when, or where you worked...
 
trialanderror83 said:
He doesn't have to. It doesn't matter if he worked. If they askd about signing an I-9, then I would consult with my lawyer first before answering that. And yes I wouldnt personally tell them anything about signing the I-9, unless he wants to get deported. I would personally take my chances and let them find it.
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Well... I see what you are saying and I agree. The reason I brought that up is that I know of the cases people were asked to bring I-9 during the interview. It happened in Colorado several times. Weird IMHO, but true.
 
trialanderror83 said:
He said he worked under the table...no I-9 needed! They wouldn't find out about the I-9 anyhow unless he voluntered to tell them.
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How is someone able to work under the table? :confused: It must be a 18 feet tall table, I can't imagine anyone working under 2 feet table......:)

The OP (fee) needs to disclose during the interview where he worked illegally in the US if he's asked. If he's not asked, then he need NOT disclose anything.
 
Thank you everyone for the info! I really appreciate it and feel a bit better about the interview.
 
don't worry

I am in the same boat as you..., I am on OverStay ( for seven years ) and got married this year and planning to send my stuff end of this month. (sept 2009). I did work the whole seven years..., and paid my taxes faithfully.

My lawyer said not to lie about anything because if they want to do a background check on me, my social security number will reveal everything. So no need to lie, plus they are happy that you were paying taxes and had healthcare. They really don't like people who are on welfare or depending on the government.

On my G325A I listed all the companies I have worked for. My lawyer said they forgive my Overstay and my work history. He also told me to carry my
W2's and tax returns for the interview incase they ask but he doubts that they will. They really don't care. He also said not to volunteer info during the interview, just answer what you are asked and come prepared with every kind of document to support your bona fide marriage. He says it should take about 15 minutes and he says this from experience.

Fire your lawyer ( writing a book???), and if you have everything you need, no need for a lawyer. We lucked out and our friend who is an immigration lawyer is helping us with questions and free advice and offered to come to the interview..and he says unless you have a really complicated case then one does not really need a lawyer....

Good Luck and SUccess!!!:)
 
I dont think you have anything to be worried about. I have almost the same story-overstay, working for 3 years without authorization..listed my job on all the paperwork and i was really nervous about the interview.

Well we had our interview on the 8th.it lasted 15 min. The IOdidnt even ask as how we met..he didnt even ask my husband a single question. i was asked for how long ive been living here and where do i work (address)-here i became really nervous, but i just verified the address and he didn't have other questions...

also, we didn't have a lot of joint paperwork. just 2 lease agreements, bank statements and health insurance with my husband's name as a beneficiary and of course pictures. he looked through the picture albom, took joint papers and said that's enough.

After checking all the papers he had, he said:"I will approve you today, you will receive your green card within 2 weeks"
Oh and he also asked me if i want it to be on my married name..

this is how easy it was!

i hope yours will go the same way! :)
 
Yeah.. you should not lie to an immigration officer ever! when you are married to a USC everything is forgiven...except if you ever said that you were a USC, which Im sure you didn't.!
So dont worry anymore.. everything will be fine!


Ah!! your lawyer....... not good!
 
Thank you all for your kind reply.

I just came back from my interview, and yes!! we got approved!!
I had 5 years without status, but the interviewer didn't even ask me anything about me ever working illegally. I guess it helped that I found a job right after my EAD arrived. Also, I'd heard that they stopped stamping the approval right at the interview, but they stamped mine right then and there. (I had the interview in NYC.)

Since our files were received at USCIS on June 15th 2008, it only took us 3 months to get the green card stamp on my passport. I am so grateful that this process is over and so thankful for the people who gave me great advice!!
 
Febbet said:
Thank you all for your kind reply.

I just came back from my interview, and yes!! we got approved!!
I had 5 years without status, but the interviewer didn't even ask me anything about me ever working illegally. I guess it helped that I found a job right after my EAD arrived. Also, I'd heard that they stopped stamping the approval right at the interview, but they stamped mine right then and there. (I had the interview in NYC.)

Since our files were received at USCIS on June 15th 2008, it only took us 3 months to get the green card stamp on my passport. I am so grateful that this process is over and so thankful for the people who gave me great advice!!
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Congrads, next is I-751, then on to citizenship next.:D
 
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