Question for marrying an illegal alien (who overstayed and illegally worked)

[susieling]

Ask for a friend -- I am us citizen and wondering if I marry some an illegal alien who, though came legally, not only overstayed but also illegally worked (without reporting the income), will we have any trouble to get the green card for her? I heard many successful cases but just to want to make sure -- if we do not report the fact of her unlawful working and only mark her illegal stay on the request form to AOS, and she is granted GC but later (within 5 years before she can apply for citizen) is found out with the tax evasion, will her GC be revoked and she got deported?

BTW, she came with vistor visa and can't get ssn, so there is no way for her to report tax on whatever she earned, and she has stayed and worked in us illegally for about 3 years.

Thanks

 

[dr_lha]

As long as she originally entered the country legally, she can get a green card. USCIS cannot hold the fact she worked illegally or overstayed against her.

As for tax evasion, well that's really up to the IRS.

 

[boatbod]

As for tax evasion, well that's really up to the IRS.

Well, assuming she gets a GC, she better get squared away with the IRS or she can forget about naturalization; the N-400 asks specifically whether you owe any federal or state taxes...

By the way, lying to gain an immigration benefit is just about the worst thing anyone could do from a USCIS viewpoint. Its almost a guaranteed bar if you get caught.

 

[dr_lha]

By the way, lying to gain an immigration benefit is just about the worst thing anyone could do from a USCIS viewpoint. Its almost a guaranteed bar if you get caught.

There is no reason for any lies to be told. USCIS for Green Card purposes won't care about if she worked or overstayed, and they won't care about if she paid taxes (they're not the IRS). All they care about at this point is if she entered the country legally and if her marriage is real.

To the OP: don't volunteer any information that USCIS doesn't ask you specifically for. As the illegal work and overstay are irrelevant to your wife's AOS, there is no need to "confess". If they do ask you, don't lie. As a lawyer friend once told me, if an USCIS officer asks you if you know what the time is, you answer should be "Yes" or "No"!

 

[LucyMO]

in your applications you have to list your employment for the last 5/10 years - don't lie. List it. that's the need to "confess". She doesn't have to confess that she didn't pay taxes - just that she worked.

 

[mexa]

taxes

She can apply for a tax id number (itin) and pay the back taxes.
People do it all the time.

it might get complicated if she didnt keep records of the monies earned.

 

[dr_lha]

in your applications you have to list your employment for the last 5/10 years - don't lie. List it. that's the need to "confess". She doesn't have to confess that she didn't pay taxes - just that she worked.

Very true, but as USCIS can't hold illegal work against you there is no problem in listing illegal work on this form. USCIS are not going to call the IRS and inform on you.

 

[Al Southner]

Be careful....be truthful....

Mexa,

Very important: full disclosure when dealing with any government entity will always guarantee a positive outcome.... Not all the time. However, you want to cut the fat of lying to procure any immigration benefit...

You just need to list all past employment and be truthful....because USCIS has a potential to find out every little thing you ever done or your spouse ever did.... why do you think they ask the FBI to do a background check on you? So.... unless you want to have a terrible grilling and denial of your applications, start with a lie and you will reap a good harvest....denial and deportation, plus a 10 year ban...

On Dr. Lha advise with regard to volunteering information. For example, an immigration officer asks you if you have any kids. It is a simple answer: YES OR NO. For some people who have diarrhea of the mouth, they will tell the offier they plan to have kids, but the husband is impotent or the wife doesn't want kids, because they are a lot of work. That's volunteering information which the officer doesn't need.... but he can prescribe a viagra for an impotent husband.... A smart people will answer yes or no.

If USCIS makes a determination that your spouse needs to repay the taxes, so be it. For now, don't be an angel and start giving money to Uncle Sam, only to find that USCIS doesn't care about his previous tax evasions, but about his immigration status only. However, IRS would be happy to receive free money, they do it all the time... Lastly, find out if your spouse ever claimed to be a US citizen before a police officer or any government official, or in any employment papers he ever filed. This last piece has a potential to bust balls and destroy people's petition....

 

[boatbod]

So my comments re paying taxes to Uncle Sam were more a reflection on the OP's comment about applying for naturalization in the future. Maybe its not a problem during GC, but it sure will be if you have any aspirations of becoming a USC. Best solve this kind of problem sooner rather than later.

 

[ashleyro]

Actually a question

I read that somebody could have claimed to be a usc in front of the law enforcement or wrote like on an employment letter. what happens if one did? can they still get the GC or it becomes a problem only at naturalization? I suspect somebody did this in order to get a loan...

 

[ashleyro]

My husband has been here for 3 years, has never had a SSN but worked for the last 2 years. all his income was cash, never a paychek. should he disclose that he worked? wouldn't his employer get in trouble?

 

[susieling]

Thanks for all the reply.

I have two more questions --

1. We wish the solution is just as easy as paying back the tax, however, we are told that tax evasion is consided crime and if found, any non USC could be deportable. Question here is how much evaded tax is serious enough to lead to a criminal charge? Since her income was only about 2000-3000 per month, could someone confirm that we could be only asked for repay and no other consequence if disclosed?

2. We are facing the same issue as the previous post -- some of her income is cash only and the employer (whom we know personally) is reluctant to be disclosed to have knowlegably hired an illegal alien. If we do not disclose in the employment history section and later USCIS finds out, will we still be fine? I know it is considered lying, but USCIS anyway will forgive illegal working, isn't there no difference in listing / non-listing for the USCIS to make the decision on her AOS?

Thanks again

 

[Al Southner]

I read that somebody could have claimed to be a usc in front of the law enforcement or wrote like on an employment letter. what happens if one did? can they still get the GC or it becomes a problem only at naturalization? I suspect somebody did this in order to get a loan...

Ash,

That person is a toast and is not eligible for any immigration benefit nor a waiver exist for claiming to an American citizen, especially if USCIS can prove that he or she signed loan papers claiming to be an American citizen.

In most cases, such paperwork can be dug up by USCIS or its allies during the background check. As of 1996 law, claiming to be a US citizen is a crime which is deportable and the person is permanently barred from ever entering the US in their lifetime. Only their ghost is allowed to enter the country for thanksgiving... It is a big deal whether you have a greencard or not, it is always a big deal and you will always be deported or in trouble by claiming US citizenshhip while you are not....

 

[Al Southner]

Be truthful...

Thanks for all the reply.

I have two more questions --

1. We wish the solution is just as easy as paying back the tax, however, we are told that tax evasion is consided crime and if found, any non USC could be deportable. Question here is how much evaded tax is serious enough to lead to a criminal charge? Since her income was only about 2000-3000 per month, could someone confirm that we could be only asked for repay and no other consequence if disclosed?

NO one is qualified here to give you an succint answer to get your fears to go away. It is a simple thing: file the applications and see what USCIS demands rather than with the presumption of what IRS is going to do..

2. We are facing the same issue as the previous post -- some of her income is cash only and the employer (whom we know personally) is reluctant to be disclosed to have knowlegably hired an illegal alien. If we do not disclose in the employment history section and later USCIS finds out, will we still be fine? I know it is considered lying, but USCIS anyway will forgive illegal working, isn't there no difference in listing / non-listing for the USCIS to make the decision on her AOS?

If the previous employer doesn't want you to list him, tough luck. You have to list all the previous employer because you want to have a fair shake with USCIS. Once again, choosing to not disclose previous employer doesn't make it okay, please read the note on all USCIS form before the signature underline. Your signature declares all information to be truth. Unless you want to lie on some parts of the applications and not on others, then you run the risk of being crushed by USCIS and your petitions denied. Moreover, all forms ask you to use additional paper when responding to some questions, because their standard forms can't possibly accomodate 8 employers in the past 5 years. So, you better list them or you are going to post here in future after USCIS denied your applications for lying. :rolleyes:


Thanks again

PLEASE BE TRUTHFUL....

 

[Addie_Goodvibes]

Ask for a friend -- I am us citizen and wondering if I marry some an illegal alien who, though came legally, not only overstayed but also illegally worked (without reporting the income), will we have any trouble to get the green card for her? I heard many successful cases but just to want to make sure -- if we do not report the fact of her unlawful working and only mark her illegal stay on the request form to AOS, and she is granted GC but later (within 5 years before she can apply for citizen) is found out with the tax evasion, will her GC be revoked and she got deported?

BTW, she came with vistor visa and can't get ssn, so there is no way for her to report tax on whatever she earned, and she has stayed and worked in us illegally for about 3 years.

Thanks

Her overstay should be forgiven as long as she can prove legal entry,
As far as her working without authorization and not reporting or paying taxes on her income she may run into problems later and have to pay back taxes and penalties.

However it should not effect her Gc if married to US citizen and the marriage can be proven Legit. due to the circumstances surrounding her case She will most likely be under extra scrutiny as to weather or not her Marriage to USC is Bona Fidas or just a Marriage for GC, So plenty of support evidence should be prepared.

If you want to be considered for approval you have to be honest!
Only answer questions asked of you, in other words as dr.lha advised do not offer uneccasry info. Yes or NO only elaborte when needed or asked. DO NOT LIE OR FAIL TO DISCLOSE INFO directly asked of you.

The fact that your friend chose to willingly violate immigration laws will draw scrutiny so USCIS will be looking thoroughly into her case, also the fact that she was in USA 3 years will draw questions as to how she paid bills or what she did those 3 years.

Honesty is the ONLY policy!