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  • I-485 work history with overstay Visa

    Hello, I need some advise with the 1-485 questions regarding work history. Isabelle (my wife to be) and I are getting married Oct. 7th 2018, we have started to fill out the immigration forms to get a jump start. We will complete it after the marriage. Anyway, Isabelle entered USA legally from Brazil , however she overstayed her tourist visa. She has been working under the table for a friend cleaning houses, etc... How do we answer the work history last 5 years , The first 3 years we put her professional nursing job while she was in Brazil, but what do we put for the last 2 years if she has been working for cash with an overstayed visa??? Any advise would be greatly appreciated. So far the paperwork is going smooth. Also, any other advise with our situation. Thanks so much

  • #2
    In the form ask if the person worked or not, if you say no and they find out that you worked. you could have problems.

    pt: Se voce mentir e eles descobrirem que vc trabalhou pode arrumar problema. conte sempre a verdade, a final de contas eles sabem que ninguem fica por aqui tanto tempo sem trabalhar...
    Adjusting from B-2, married to USC, Hialeah, FL

    I-485, I-130, I-131 and I-765

    10/11 - Package delivered to PO Box (PD)
    10/16 - Fingerprint fee was received
    10/19 - 4 texts received
    10/22 - 4 NOAs in mailbox
    11/05 - Biometrics done walk in.
    03/05/2019: RFIE for I-485

    Comment


    • #3
      Originally posted by pbpalumbo View Post
      Hello, I need some advise with the 1-485 questions regarding work history. Isabelle (my wife to be) and I are getting married Oct. 7th 2018, we have started to fill out the immigration forms to get a jump start. We will complete it after the marriage. Anyway, Isabelle entered USA legally from Brazil , however she overstayed her tourist visa. She has been working under the table for a friend cleaning houses, etc... How do we answer the work history last 5 years , The first 3 years we put her professional nursing job while she was in Brazil, but what do we put for the last 2 years if she has been working for cash with an overstayed visa??? Any advise would be greatly appreciated. So far the paperwork is going smooth. Also, any other advise with our situation. Thanks so much
      Are you a US citizen?

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        Are you a US citizen?
        yes

        Comment


        • #5
          Originally posted by pbpalumbo View Post
          yes
          Then it doesn't matter if she worked illegally. Just make sure reported all her income on her taxes, never claimed to be a US citizen, and honestly disclose her work history on the forms she fills out, including saying Yes to I-485 Part 8 #16 (worked without authorization) and #17 (violated status). No explanation is necessary beyond just stating the dates when she was out of status and working illegally. It is irrelevant to her Adjustment of Status since she is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen).

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            hey..more info and questions

            Originally posted by newacct View Post
            Then it doesn't matter if she worked illegally. Just make sure reported all her income on her taxes, never claimed to be a US citizen, and honestly disclose her work history on the forms she fills out, including saying Yes to I-485 Part 8 #16 (worked without authorization) and #17 (violated status). No explanation is necessary beyond just stating the dates when she was out of status and working illegally. It is irrelevant to her Adjustment of Status since she is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen).
            Thanks for the reply back. You mentioned reporting her income on her taxes????. She has not reported any income, she does not have a SSN yet either. Basically, she got paid by check and cash ..deposited it in her bank account. Yes, we are being 100% honest. I just didnt know what to fill out for her employment history while in the USA since she was working under the table for a company. . We got married Sunday and want to get our paperwork completed as soon as possible.

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            • #7
              Originally posted by pbpalumbo View Post
              Thanks for the reply back. You mentioned reporting her income on her taxes????. She has not reported any income, she does not have a SSN yet either. Basically, she got paid by check and cash ..deposited it in her bank account. Yes, we are being 100% honest. I just didnt know what to fill out for her employment history while in the USA since she was working under the table for a company. . We got married Sunday and want to get our paperwork completed as soon as possible.
              This is off topic but it seems like a good time to catch you before you file. ALL evidence of bona fide marriage is required at the time of filing your petitions. Make sure that you showcase the longevity of your relationship and present evidence since the day you met or started dating. Otherwise, it will look like you met on Monday, got married on Tuesday and filed for AOS on Wednesday.

              Many have found this thread useful in preparing their evidence of bona fide marriage for their initial filing and for the interview.
              Attached Files

              Comment


              • #8
                Originally posted by newacct View Post
                Then it doesn't matter if she worked illegally. Just make sure reported all her income on her taxes, never claimed to be a US citizen, and honestly disclose her work history on the forms she fills out, including saying Yes to I-485 Part 8 #16 (worked without authorization) and #17 (violated status). No explanation is necessary beyond just stating the dates when she was out of status and working illegally. It is irrelevant to her Adjustment of Status since she is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen).
                You mentioned putting the dates. For me being in a similar position to pbpalumbo's wife but having overstayed 15+ years and now filing AoS I have mostly worked the occasional part time tipped job serving or took out ads locally for PC repair work I could offer. Income was always very low and I hadnt filed taxes.

                For the question asking about my work history would I put something like "various tipped partime serving jobs and local ads offering PC repair work" Or do I need actual dates over the years I worked? (honestly I dont know these after nearl 20 years here)

                And for the question asking about the previous 5 years of employment something like "self employed PC repair work" or "unemployed"?

                Thanks for any advice.
                Last edited by Ste; 10-10-2018, 08:33 PM.
                Concurrent filing I-485 I-130 I-765 I-131
                10/26/2018 FedEx package delivered
                11/04/2018 Notices of Action received via text
                11/17/2018 Notice of appointment for Biometrics
                11/26/2018 Biometrics Appointment
                03/07/2019 Courtesy letter for missing I-693
                03/11/2019 Case is ready to be scheduled for interview
                06/10/2019 New card is being produced I-765
                06/11/2019 Case was approved I-765
                06/12/2019 Card has been mailed
                09/19/2019 Interview for greencard - APPROVED

                Comment


                • #9
                  I answered the question truthfully. I , a professional in an executive position couldn?t lie. I do have an ITIN # and file tax yearly. I never worked before , ever , not even in my home country. Now with this job , I filled out my job history listing my current job. I answered the question (can?t remember the number now) that I violated terms. In the back of the form I wrote in that yes I violated terms of work illegally to support my college educated and to sustain a good life. Attached to my application was my 3.7 GPA transcript. I was never on a student visa. I came to the US on at B1 visit almost 10 years ago ! Though I still have quite a journey ahead of me , being truthful has not affected me with adjusting my status THUS FAR
                  C9 Spouse of USC
                  NYC Filer
                  04/13/18 - PD
                  05/04/18 - Bio notice
                  05/23/18 - Bio completed
                  09/18/18 - RFIE mailed
                  09/22/18 - RFIE Rcv'd
                  10/09/18 - Responded to RFIE
                  10/10/18 - USCIS Received RFIE
                  10/12/18 - Text & email Update from dhs rcv'd response to RFIE
                  10/12/18 - Submitted a SR form I-765
                  10/25/18 - Case is ready to be scheduled for an interview
                  11/14/18 - Submitted 2nd SR for form I-765
                  11/26/18 - NOA for I765
                  11/30/18 - Rcv'd SS card
                  12/06/18 - Rcv'd EAD

                  Comment


                  • #10
                    Originally posted by UScitizenFilingforspouse View Post
                    This is off topic but it seems like a good time to catch you before you file. ALL evidence of bona fide marriage is required at the time of filing your petitions. Make sure that you showcase the longevity of your relationship and present evidence since the day you met or started dating. Otherwise, it will look like you met on Monday, got married on Tuesday and filed for AOS on Wednesday.

                    Many have found this thread useful in preparing their evidence of bona fide marriage for their initial filing and for the interview.
                    https://www.immihelp.com/forum/showt...794#post583794
                    Thank you...the info is helpful. Yes, my wife and I have been together 1 year and half before we married. We both have tons of photos of all our memories since we've met and beyond , etc... Vacations together, family support letters, bank accounts, etc... Our marriage is Bona Fide for sure...its just nerve racking with the whole process. thanks again for the info

                    Comment

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