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Hi all,*
Firstly, I just want to express what a god send this forum is in answering many of the questions in the complicated immigration process. People who share information here do more than just give opinions and offer perspectives, they also help people feel secure through this continuously intimidating process. So to the forum, kudos.*
I am an Australian national who entered the United States who arrived in July 2015. I went out of status October 2015.*Prior to this I had help various student visas and visa waivers without violation. I had no intention of overstaying or getting married during that last entry, and I don't think I will have any problem proving that. I started an unexpected relationship during this period, which frankly,* was the primary motivating factor for going out of status. In addition, i had failed to fully get my affairs in order prior to having to leave (i had been in the country for the majority of my adult life on student visas, so therefor had a lot of loose ends to tie up). I basically planned to just make sure I left before the 180 days. Well... you know how that goes. To get to the point we were married in my county of residence in October 2016. It is bonafide as can be, with plenty of supporting evidence, so I'm not worried about fraud, but here's where it gets messy:
I was arrested and very briefly detained (about 4 hours) in the local jail in 2016 for 'probable cause narcotics'. I sat in the jail, cleared all holds and was released. Basically the police entered the residence that I was living in at the time, found some MJ and asked me who it belonged too. I told them that I would cooperate 100%, but would invoke my right to talk to a lawyer first. They basically gave me the ultimatum which was, either answer our questions, or seeing as you do not possess a US ID, we will take you to jail for probably cause to make sure you are not wanted for anything else. Basically they tried to have me cooperate to avoid stepping foot in a jail. I was certainly tempted, and you may ask why the hell I didn't just answer their questions, especially considering I knew that this would not be good for my immigration application, but the truth is it all happened very quickly, and all though i found the officers to be professional and pretty damn decent, I had read online, as well as been told by a lawyer, to never answer questions of any description if you are arrested, even if you are innocent, without a lawyer present. At the end of the day, I didn't know these officers, nor did I know if i could trust their word, nor am I a legal expert, so I decided to keep my mouth shut to avoid any possible unintentional implications of having my words somehow used against me or whatever. I was not trying to protect anyone by not speaking, but just trying to protect myself from inadvertently making a statement that could hurt me. I had never been in trouble ever before or since with the law, so I aired on the side of caution, even though I knew it could hurt me, it seemed like the good decision at the time.*
* * * * * * * * * *Obviously this makes me worried about considered being inadmissible due to a crime of moral turpitude. Just to confirm, I did not commit a crime, was not charged, did not appear in court, and have no subsequent criminal history. As far as I can tell all i have is a record of the arrest, which like I said resulted in me being processed (fingerprints, picture)*in the local jail and released once I cleared all holds. I have never received any correspondence from ICE or anything like that, and have my current address openly registered with everyone that needs it. What do members think my chances of having an issue with this are? I do intend to tick YES to the question of have you ever been arrested and explain the same I did here, as well as attach certified copies from the arresting bureau and county that I was never actually charged or convicted. But do I need to fill out a I-601 in regards to this? I am currently in the united states, so if i do, does that now become an I-601a? Do I have to tick the box about a crime of moral turpitude even though I was never charged or convicted? (section A, Q4) or, the box about a controlled substance violation even though I was never charged or convicted, or even arrested for anything other than 'probably cause' (Section A, Q5)
Secondly, I also have been working while I have been here with authorization. I previously was allowed to work, with conditions, when I was on my student visa, but on my most current entry I have no authorization. Basically it came to a point where I was really struggling and decided that I needed to take the risk and hope it was forgiven based on being the spouse of a USC. I know people who worked for cash off the record while they were waiting for EAD, but for me, my opportunity came to work for a company on the books. I had to register an LLC, which I did with my wife, and then receive checks written to the LLC that are deposited into the joint bank account in both our names that is for the business. This is how I eat and keep the lights on, and generally not become a public charge. My wife works, but it's unrealistic for her to support me until I got EAD, as well as the strain it would take on our relationship. In fact, it is how I* can afford to pay all the fees, as well as legal fees for this process. Again, I know this generally makes you inadmissible, but being a spouse of a USC, i decided to go for it. Rather have the money to make it happen then not and risk getting picked up.*
* * * * * * * * * *Do I need to list my employer here (again I do not intend to lie on current employment question) as the LLC or as the company that pays me/my LLC? Do i need to fill out the i-601/601a?*
In addition, given what I have detailed, do I need a i-485a? I am pretty confused about the i-485a and if I need it or not. In part 2 of the form, I don't seem to see where I would be eligible, unless I'm not reading it correctly. I do not seem to fit 1a,b,c,d,e, thus, I'm not sure if I need to fill it out or not. OR, do I simply skip all that and go to section 3 of part 2 and then fill out part 5 (immigration category) with 'family based'?*
If i do have to do a i-485a for part 3 'bars to entry' do I have to select, given my situation,*
1c: You are now employed or have ever been employed in the US without authorization? (OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1d: You are not in lawful immigration status on the date of filing your application for adjustment of status?*(OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1e: You have failed to continuously maintain a lawful status since entry into the United States, unless your failure to maintain a status was through no fault of your own or for a technical reasons?*(OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1j: You have ever violated the terms of your non immigration status?*(OR... you guessed it..**DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
I am thoroughly confused if I need to fill this form out at all, and if so, if I need to tick these boxes.*
To wrap up, this is what my application package looks like now:*
I-130*
-certified check
-cover letter
- form I-130*
-copy of all pages of wifes US passport
-my alien birth certificate and copy of passport
-a certified copy of our marriage cert.*
-two passport style photos of my wife
-two passport style photos of myself
-bonafide marriage evidence: lease, insurance, bank account, LLC registration, affidavits from friends and family
-form I-130A
I-485
- certified check
-cover letter
-form I-485
-copy of my passport
-electronic I-94 copy
-copy of my birth cert.*
-certified copy of marriage cert.*
-2 passport style photos of myself
-form I-693
-form I-864
-form I-765
DO I NEED TO ADD: I-485A AND I-601A???*
Again to clarify, as detailed, my personal issues include an arrest without charges or conviction, overstaying my visa waiver, and working without authorization (though no payment appears in my name, I would prefer to be honest with USCIS, especially considering I have read so much about two of these issues getting wiped due to spousal privilege).
I know it's a lot, and I appreciate anyone who takes the time to respond. I feel pretty good about it, but obviously this is my life and our relationship, so I'm*somewhat nervous, while she is extremely nervous. Life, as we know it, would end if I was denied and subsequently was banned for 10 years.*
If you need any additional information, just ask, or PM me,*
Firstly, I just want to express what a god send this forum is in answering many of the questions in the complicated immigration process. People who share information here do more than just give opinions and offer perspectives, they also help people feel secure through this continuously intimidating process. So to the forum, kudos.*
I am an Australian national who entered the United States who arrived in July 2015. I went out of status October 2015.*Prior to this I had help various student visas and visa waivers without violation. I had no intention of overstaying or getting married during that last entry, and I don't think I will have any problem proving that. I started an unexpected relationship during this period, which frankly,* was the primary motivating factor for going out of status. In addition, i had failed to fully get my affairs in order prior to having to leave (i had been in the country for the majority of my adult life on student visas, so therefor had a lot of loose ends to tie up). I basically planned to just make sure I left before the 180 days. Well... you know how that goes. To get to the point we were married in my county of residence in October 2016. It is bonafide as can be, with plenty of supporting evidence, so I'm not worried about fraud, but here's where it gets messy:
I was arrested and very briefly detained (about 4 hours) in the local jail in 2016 for 'probable cause narcotics'. I sat in the jail, cleared all holds and was released. Basically the police entered the residence that I was living in at the time, found some MJ and asked me who it belonged too. I told them that I would cooperate 100%, but would invoke my right to talk to a lawyer first. They basically gave me the ultimatum which was, either answer our questions, or seeing as you do not possess a US ID, we will take you to jail for probably cause to make sure you are not wanted for anything else. Basically they tried to have me cooperate to avoid stepping foot in a jail. I was certainly tempted, and you may ask why the hell I didn't just answer their questions, especially considering I knew that this would not be good for my immigration application, but the truth is it all happened very quickly, and all though i found the officers to be professional and pretty damn decent, I had read online, as well as been told by a lawyer, to never answer questions of any description if you are arrested, even if you are innocent, without a lawyer present. At the end of the day, I didn't know these officers, nor did I know if i could trust their word, nor am I a legal expert, so I decided to keep my mouth shut to avoid any possible unintentional implications of having my words somehow used against me or whatever. I was not trying to protect anyone by not speaking, but just trying to protect myself from inadvertently making a statement that could hurt me. I had never been in trouble ever before or since with the law, so I aired on the side of caution, even though I knew it could hurt me, it seemed like the good decision at the time.*
* * * * * * * * * *Obviously this makes me worried about considered being inadmissible due to a crime of moral turpitude. Just to confirm, I did not commit a crime, was not charged, did not appear in court, and have no subsequent criminal history. As far as I can tell all i have is a record of the arrest, which like I said resulted in me being processed (fingerprints, picture)*in the local jail and released once I cleared all holds. I have never received any correspondence from ICE or anything like that, and have my current address openly registered with everyone that needs it. What do members think my chances of having an issue with this are? I do intend to tick YES to the question of have you ever been arrested and explain the same I did here, as well as attach certified copies from the arresting bureau and county that I was never actually charged or convicted. But do I need to fill out a I-601 in regards to this? I am currently in the united states, so if i do, does that now become an I-601a? Do I have to tick the box about a crime of moral turpitude even though I was never charged or convicted? (section A, Q4) or, the box about a controlled substance violation even though I was never charged or convicted, or even arrested for anything other than 'probably cause' (Section A, Q5)
Secondly, I also have been working while I have been here with authorization. I previously was allowed to work, with conditions, when I was on my student visa, but on my most current entry I have no authorization. Basically it came to a point where I was really struggling and decided that I needed to take the risk and hope it was forgiven based on being the spouse of a USC. I know people who worked for cash off the record while they were waiting for EAD, but for me, my opportunity came to work for a company on the books. I had to register an LLC, which I did with my wife, and then receive checks written to the LLC that are deposited into the joint bank account in both our names that is for the business. This is how I eat and keep the lights on, and generally not become a public charge. My wife works, but it's unrealistic for her to support me until I got EAD, as well as the strain it would take on our relationship. In fact, it is how I* can afford to pay all the fees, as well as legal fees for this process. Again, I know this generally makes you inadmissible, but being a spouse of a USC, i decided to go for it. Rather have the money to make it happen then not and risk getting picked up.*
* * * * * * * * * *Do I need to list my employer here (again I do not intend to lie on current employment question) as the LLC or as the company that pays me/my LLC? Do i need to fill out the i-601/601a?*
In addition, given what I have detailed, do I need a i-485a? I am pretty confused about the i-485a and if I need it or not. In part 2 of the form, I don't seem to see where I would be eligible, unless I'm not reading it correctly. I do not seem to fit 1a,b,c,d,e, thus, I'm not sure if I need to fill it out or not. OR, do I simply skip all that and go to section 3 of part 2 and then fill out part 5 (immigration category) with 'family based'?*
If i do have to do a i-485a for part 3 'bars to entry' do I have to select, given my situation,*
1c: You are now employed or have ever been employed in the US without authorization? (OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1d: You are not in lawful immigration status on the date of filing your application for adjustment of status?*(OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1e: You have failed to continuously maintain a lawful status since entry into the United States, unless your failure to maintain a status was through no fault of your own or for a technical reasons?*(OR DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
1j: You have ever violated the terms of your non immigration status?*(OR... you guessed it..**DOES THIS GET AUTO WAIVED BASED ON SPOUSAL PRIVILEGE?)
I am thoroughly confused if I need to fill this form out at all, and if so, if I need to tick these boxes.*
To wrap up, this is what my application package looks like now:*
I-130*
-certified check
-cover letter
- form I-130*
-copy of all pages of wifes US passport
-my alien birth certificate and copy of passport
-a certified copy of our marriage cert.*
-two passport style photos of my wife
-two passport style photos of myself
-bonafide marriage evidence: lease, insurance, bank account, LLC registration, affidavits from friends and family
-form I-130A
I-485
- certified check
-cover letter
-form I-485
-copy of my passport
-electronic I-94 copy
-copy of my birth cert.*
-certified copy of marriage cert.*
-2 passport style photos of myself
-form I-693
-form I-864
-form I-765
DO I NEED TO ADD: I-485A AND I-601A???*
Again to clarify, as detailed, my personal issues include an arrest without charges or conviction, overstaying my visa waiver, and working without authorization (though no payment appears in my name, I would prefer to be honest with USCIS, especially considering I have read so much about two of these issues getting wiped due to spousal privilege).
I know it's a lot, and I appreciate anyone who takes the time to respond. I feel pretty good about it, but obviously this is my life and our relationship, so I'm*somewhat nervous, while she is extremely nervous. Life, as we know it, would end if I was denied and subsequently was banned for 10 years.*
If you need any additional information, just ask, or PM me,*
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