AOS, married to USC, confused about job history

[Dmjs90]

Hi everyone I came here in the end of 2014 and overstayed on the VWP. In September 2019 after a year of officially dating (but knowing each other since before I moved here, which I have proof of) I married my partner who is a US citizen.

during the time I was here I had 3 main jobs. The first one I knew the guy in HR and he told me to fill out all of the forms and leave the SSN section blank and he would take care of it. So I recieved checks with someone else’s SSN (I think possibly his?)

The second job I had I used a **** ssn card and was given paychecks. They had no idea about my status.

the third job I had the owner knew my situation and I was mostly paid cash or sometimes personal checks.

i haven’t filed taxes. my first two jobs I paid taxes on and not the third.


i spoke with an immigration lawyer this weekend as we’re getting ready to submit our visa application paperwork and he advised I just put “self employed” in my employment history since I didn’t pay taxes. Then immediately afterwards he stated that they won’t deny me a green card for working but would for lying??? Yet he just encouraged that..

I read somewhere online they won’t care about my taxes they just want to know what I was doing while I was here. Is it better to just say I was unemployed? I’m so confused


I don’t remember 100% what it was but I remember when I was filling out paperwork at the first job the HR guy told me to check a box I was unsure about and I think that might have been the i9

[scientist2016]

Be absolutely frank in your application. You will not be denied for unlawful employment but will definitely be denied for lying. In the long run not lying is a much safer alternative, especially since the downside is virtually zero in your case.

[Dmjs90]

Be absolutely frank in your application. You will not be denied for unlawful employment but will definitely be denied for lying. In the long run not lying is a much safer alternative, especially since the downside is virtually zero in your case.

My only worry is about the I-9. Like I said, I *think* (at the advice of the HR guy at my first job) I checked yes on the box about being a US citizen. Which I know means my application will get denied. I don’t think they’ll care that I had no idea of the repercussions when I did it (I had lived in the USA for about a month)

will they actually check with my old jobs to see what I filled out on the i9?

[daniel046]

Well, that could be a problem if they were to find out. However, do not say anything about that unless asked. in the end, you might have to do i-601 if they were to find out and appear in court.

[newacct]

Well, that could be a problem if they were to find out. However, do not say anything about that unless asked. in the end, you might have to do i-601 if they were to find out and appear in court.

False claim of US citizenship is a lifetime ban with no waiver.

[seattle2903]

So you lied about being a US citizen? As far as I know, that will bring you a denial immediately AND possible legal consequences. This is way more serious than you seem to believe. It's not only about you working under the table, but rather using other people's identity. Regardless of how you play it - either come clean and get banned for claiming US citizenship or lie about it and get caught by USCIS - it doesn't look good for you. Consult with an experienced lawyer and make sure he/she handled this kind of thing before. Good luck!

As a side note: yes, they can and very well may check previous I-9s.

[azblk]

Hold your horses. The OP does "not" remember what box he selected. The is 3 options on the i-9 form so it can be any of the 3.

Anyway an employer is required to keep the i-9 for 3 years from the start date if the employment last less than 3 years and one year from the end date if the employment lasts more than 3 years. Depending on how long ago the first 2 jobs were there may be no previous i-9's to find.

[Dmjs90]

Hold your horses. The OP does "not" remember what box he selected. The is 3 options on the i-9 form so it can be any of the 3.

Anyway an employer is required to keep the i-9 for 3 years from the start date if the employment last less than 3 years and one year from the end date if the employment lasts more than 3 years. Depending on how long ago the first 2 jobs were there may be no previous i-9's to find.

I really don’t remember what I put on it, I just remember multiple options and being confused and asking my friend (the guy in HR) what option I pick. My i9 was around August/sept 2016 and I was in charge of the office for the company and know they threw short term employee files in the garbage once they fired them. However I had an issue with the company because my manager sexually harassed me and I got a lawyer involved and they offered me money to leave the company and keep quiet. My lawyer said because of the outstanding amount of evidence I had I would have won in court but because of my status he urged me to accept the money. So I have a feeling they still have my paperwork because of this

is it better to just say self employed like the lawyer advised?

[azblk]

I really don’t remember what I put on it, I just remember multiple options and being confused and asking my friend (the guy in HR) what option I pick. My i9 was around August/sept 2016 and I was in charge of the office for the company and know they threw short term employee files in the garbage once they fired them. However I had an issue with the company because my manager sexually harassed me and I got a lawyer involved and they offered me money to leave the company and keep quiet. My lawyer said because of the outstanding amount of evidence I had I would have won in court but because of my status he urged me to accept the money. So I have a feeling they still have my paperwork because of this

is it better to just say self employed like the lawyer advised?

Well you can contact the companies involved and ask for a copy of the i-9 you completed. Then you will know what you selected or if they still have them.

[Dmjs90]

Well you can contact the companies involved and ask for a copy of the i-9 you completed. Then you will know what you selected or if they still have them.

Didn’t think of that. One of the stores closed down but the other one is still around. If they don’t have it is there then no record of it anywhere? And would it be weird to call and ask for a copy of it? Especially to the place I had a sexual harassment issue at. I’ve never heard of anyone calling about a copy of their i9 so I just want to make sure it’s ok to do so

[azblk]

Didn’t think of that. One of the stores closed down but the other one is still around. If they don’t have it is there then no record of it anywhere? And would it be weird to call and ask for a copy of it? Especially to the place I had a sexual harassment issue at. I’ve never heard of anyone calling about a copy of their i9 so I just want to make sure it’s ok to do so

It is a document that you filled out and surely can request a copy. I think you would write a letter to the HR department requesting a copy of your employee file including the i-9 you completed. Even the place that closed down unless it was a mom/pop place that has no corporate presence. The reason this is important is IF you made a false claim to US citizenship including on the i-9 and the USCIS can prove it, you become inadmissible and there is no waiver for that.

[Dmjs90]

It is a document that you filled out and surely can request a copy. I think you would write a letter to the HR department requesting a copy of your employee file including the i-9 you completed. Even the place that closed down unless it was a mom/pop place that has no corporate presence. The reason this is important is IF you made a false claim to US citizenship including on the i-9 and the USCIS can prove it, you become inadmissible and there is no waiver for that.

If the companies no longer have my i9 would that mean whatever I filled out on it won’t be tracked in any way?

[manhattanite]

You said you knew the guy in HR who helped you with the form. Any way to contact that person?

[azblk]

If the companies no longer have my i9 would that mean whatever I filled out on it won’t be tracked in any way?

It seems to me you are hesitant to try and track these forms down but you need to as you have no idea what "friend in HR" filled in. Since you signed the form anyway you are still responsible for whatever was written on it. In most cases uscis does not go looking for i-9 from previous jobs but there is nothing stopping them from looking. You do not want to be blindsided.

If the company does not have it then it is unlikely it still exists. Most companies would NOT get rid of them though until its time to do it because in case the USCIS asks and the company can not produce it.

[Dmjs90]

You said you knew the guy in HR who helped you with the form. Any way to contact that person?

He moved to the Midwest a year ago after the company terminated him and he left on bad terms. Because I was still working there he kind of cut me off: I could try reaching out but not sure if it would get a response (sadly.. )