Please HELP - Relative Problem - Spouse work without authorization

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eskimohere

Registered Users (C)
I'm currently on H1-B and my spouse is H4. I'm employed since 2003 with the same company. They started the GC sponsoring, Labor Certification already has been approved. They already submitted the I-140. Since it involved an alien substitution, the company lawyers advised to secure an I-140 approval to then apply for the AOS I-485.

Here's my problem. My spouse has been working without authorization since mid 2004. We were having financial struggles and she decided to take a job. She has SS# and took the chance and apply to a job and was "lucky" the company did NOT ask for employment authorization or anything.

Now what can we do so her AOS does not get denied. Do we NOT mention it in the biographical sheet? Does she classify as immidiate relative?

Please help! Thanks in advance.
 
how did she get SSN ?

how did she get SSN ?

eskimohere said:
I'm currently on H1-B and my spouse is H4. I'm employed since 2003 with the same company. They started the GC sponsoring, Labor Certification already has been approved. They already submitted the I-140. Since it involved an alien substitution, the company lawyers advised to secure an I-140 approval to then apply for the AOS I-485.

Here's my problem. My spouse has been working without authorization since mid 2004. We were having financial struggles and she decided to take a job. She has SS# and took the chance and apply to a job and was "lucky" the company did NOT ask for employment authorization or anything.

Now what can we do so her AOS does not get denied. Do we NOT mention it in the biographical sheet? Does she classify as immidiate relative?

Please help! Thanks in advance.
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eskimohere said:
I'm currently on H1-B and my spouse is H4. I'm employed since 2003 with the same company. They started the GC sponsoring, Labor Certification already has been approved. They already submitted the I-140. Since it involved an alien substitution, the company lawyers advised to secure an I-140 approval to then apply for the AOS I-485.

Here's my problem. My spouse has been working without authorization since mid 2004. We were having financial struggles and she decided to take a job. She has SS# and took the chance and apply to a job and was "lucky" the company did NOT ask for employment authorization or anything.

Now what can we do so her AOS does not get denied. Do we NOT mention it in the biographical sheet? Does she classify as immidiate relative?

Please help! Thanks in advance.
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Talk to a good lawyer. As she worked more than 180 days, situation is kind of dicey.
 
She got the SSN while she was a student. She had EAD during 2003, but it expired in Sept. 2003. She started to work without authorization in mid 2004.

We have been out of the country many times and have no problems with customs since we are H1B and H4. Last time out of the country was a month ago.
 
eskimohere said:
I'm currently on H1-B and my spouse is H4. I'm employed since 2003 with the same company. They started the GC sponsoring, Labor Certification already has been approved. They already submitted the I-140. Since it involved an alien substitution, the company lawyers advised to secure an I-140 approval to then apply for the AOS I-485.

Here's my problem. My spouse has been working without authorization since mid 2004. We were having financial struggles and she decided to take a job. She has SS# and took the chance and apply to a job and was "lucky" the company did NOT ask for employment authorization or anything.

Now what can we do so her AOS does not get denied. Do we NOT mention it in the biographical sheet? Does she classify as immidiate relative?

Please help! Thanks in advance.
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Did she pay any taxes? If so, you shouldn't worry about anything if this is a marriage to a USC. They pardon almost anything!
 
Yes, we did submit joint taxes.

It is not a marriage to USC. We are H1B and H4. We both are applying to GC. Wil she be immediate relative, therefore they will forgive?

Thanks for answering.
 
eskimohere said:
Yes, we did submit joint taxes.

It is not a marriage to USC. We are H1B and H4. We both are applying to GC. Wil she be immediate relative, therefore they will forgive?

Thanks for answering.
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the term immediate relative is used for the spouse/parents/children(under 21) of a USC. It does not apply to you.
 
eskimohere said:
It is not a marriage to USC. We are H1B and H4. We both are applying to GC. Wil she be immediate relative, therefore they will forgive?
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If it's over 180 days and USCIS finds out, then the I-485 will be denied and the spouse must leave the US, and do Follow-To-Join.
 
TheRealCanadian said:
If it's over 180 days and USCIS finds out, then the I-485 will be denied and the spouse must leave the US, and do Follow-To-Join.
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What about automatic 3 year or 10 year bar?
 
eskimohere said:
Hoc could USCIS find out if it is not though us? I'm not saying we will lie, just curious.
Thanks
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I'm sure USCIS can check with IRS if there was any taxes withheld for a particular SSN.
 
tammy2 said:
What about automatic 3 year or 10 year bar?
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Illegal employment is not necessarily illegal presence. Unless she overstays an I-94 or USCIS formally determines that she is out of status and tells her, no illegal presence will be accured.

This would be one of those rare situations where one would require 245i relief (if they were eligible) but were not subject to the re-entry bars.
 
TheRealCanadian said:
Illegal employment is not necessarily illegal presence. Unless she overstays an I-94 or USCIS formally determines that she is out of status and tells her, no illegal presence will be accured.

This would be one of those rare situations where one would require 245i relief (if they were eligible) but were not subject to the re-entry bars.
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How would I know if we are eligible to 245i relief? My LC was submitted in May2001. The cut off for the relief is April2001 right? ... $hit, we missed it for 1 month %$#$##

Also, we filed joint taxes, and I'm sending our tax returns and my W2 only since I'm the principal. Do you think USCIS will match the w2 income with total gross income? We also have some income from overseas in there... how would they know what is what?

We are getting a lawyer anyway. I just want to understand our options based on you guys experiences. THANKS!
 
eskimohere said:
How would I know if we are eligible to 245i relief? My LC was submitted in May2001. The cut off for the relief is April2001 right?
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That's correct. You are not eligible for 245i relief.

Also, we filed joint taxes, and I'm sending our tax returns and my W2 only since I'm the principal. Do you think USCIS will match the w2 income with total gross income?
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Why in heaven's name are you submitting tax returns with your I-485???? They are not required, and you would have to be crazy to submit evidence that could cause an RFE or a denial in your wife's case unless you had to.

Under no circumstances submit a tax return or W2 unless asked by USCIS.
 
Thanks for the quick responses RealCanadian.

Well, the tax returns and W2 are included in the checklist I received from sponsor's lawyers (we are getting different lawyers for advise though, since my HR department do not allow me to talk to the company's lawyers). I guess they want to send the tax returns jus in case, as they say it does not hurt to send more documents than needed. I will then however not send them the tax returns and if they ask I will make and excuse or something. What about my W2?? those are harmless I believe, no?

Oh and I have another question... doing research I found this... is this accurate??

Section 245(k)

This section of law allows an intending immigrant to apply for adjustment of status under section 245(a) without payment of a fine if (1) they qualify under certain employment-based categories, and (2) have not out-of-status for an aggregate peeriod of 180 days.

At the above-referenced meeting, the INS agreed that the 180 days applies only to days after the alien's last admission to the U.S.

Example: If an alien is admitted to the U.S. in legal status after being in the U.S. in illegal status for less than 180 days, he may, if he qualifies for permanent residence through one of the qualifying employment-based categories, and if he has not been out-of-status for 180 days or more since his last admission, adjust status in the U.S. under section 245(k).

Also, if the principal is eligible for adjustment of status under section 245(k), the spouse and minor, unmarried children may adjust status under section 245(k) even if they have been out-of- status for over 180 days.

 
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