What would you do? HELP!

[eskimohere]

Just a little background..

My company is sonsoring me for GC. My priority date became current (MAY 2001) and we are ready to apply to I-485 (LC and I-140 have been both approved). My immigration record has been perfect, so no problem there.

The problem is my wife has been working without authorization for more than 180 days and have traveled in/out of the country many times. I met with an immigration attorney and basically he said I had three options:

1 - for my wife to quit her job, travel outside the US and enter again under H4. Then apply using a waiver of inadmissibilty and pray for a miracle.
2 - Do consular processing and pray for a miracle
3 - not disclose it (he of course did not "recommend" this option, he just said it existed

Even though with options 1 and 2 we come clean and tell the truth, they are a 50/50 chance we get it or not ... (The attorney was very pessimistic though)... With option 2 we would be separated for at least a year... with option 1 (more risky) and just one income...

We discussed the not disclose it option. But we both paid taxes and it is clear from the returns that we both worked.. We talked about NOT sending the tax returns, but he said that INS would most likely ask for them, and my company lawyers are requesting them too...I even mentioned to do "fake returns" but he did not wanto to go there, even though he said that USCIS was NOT linked at ALL with IRS and SS...

humm so what to do?? My wife wants to NOT disclose it and see what happens... if they start sending RFE's, then just drop the application and leave the country...which is not that bad to go back to our home country anyway

THANKS FOR YOUR HELP!!

 

[TheRealCanadian]

I met with an immigration attorney and basically he said I had three options

Option four: find ANOTHER attorney who actually understands 245k.

The 180 day clock is clearly reset on entrance to the US. If she has worked for less than 180 days since her last entrance to the US, she should quit immediately and file her I-485. If not, she needs to quit her job, leave the US, get a new H4 visa stamp, re-enter and then file.

 

[immiq]

Option four: find ANOTHER attorney who actually understands 245k.

The 180 day clock is clearly reset on entrance to the US. If she has worked for less than 180 days since her last entrance to the US, she should quit immediately and file her I-485. If not, she needs to quit her job, leave the US, get a new H4 visa stamp, re-enter and then file.

Seems you actually understand 245(k) well. If she tries to get a new H4 visa stamp, re-enter but was found violation of her status, illegal work before, at the time of visa application or at the port, then what she can do?