K-1 Help and Legalities

[CherryBlossom123 0]

Thanks for all your comments and replies, but we have another fear...If my fiance's employer cannot be traced or there is no record of my fiance working for him won't this arouse suspicion and look like he lied on the forms?

[SabrinaFrance 8]

Thanks for all your comments and replies, but we have another fear...If my fiance's employer cannot be traced or there is no record of my fiance working for him won't this arouse suspicion and look like he lied on the forms?

If I were you I would not mention this work experience, because if I understand you correctly there is no evidence of your bf working (no tax report, no work-contract and so on). As it seems that he was working on the black market from my point of view it would be better to not mention his employer, because if USCIS or UK gov. checked they would not find any record of your bf working for this company. Besides I do not think that unemployment on the alien side is a problem, as long as the USC can prove sufficient revenues.

[payxibka 10,045]

Thanks for all your comments and replies, but we have another fear...If my fiance's employer cannot be traced or there is no record of my fiance working for him won't this arouse suspicion and look like he lied on the forms?

You cannot be held responsible if a previous employer has flown the "coop" (gone out of business, disappeared, moved, etc..) and cannot be found.... I have several employers in my history that are no longer in business and you could not verify that I worked there either if you tried.

My wife worked in an outdoor street market shop... she wrote on her g-325a that she was unemployed even though she paid her taxes.... Last I checked (just an hour or so ago), she is here in the USA.

[CherryBlossom123 0]

So what should we do then? State his employment or not? What do you think?

[payxibka 10,045]

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

[CherryBlossom123 0]

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

Yes we want to indicate the truth, but we're just afraid...Even if we get our visa, years and years down the road we are afraid he could be deported, because they could somehow say he lied on his forms. Do you think we should put an attachment, or get advice from the consultate?

[payxibka 10,045]

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

Yes we want to indicate the truth, but we're just afraid...Even if we get our visa, years and years down the road we are afraid he could be deported, because they could somehow say he lied on his forms. Do you think we should put an attachment, or get advice from the consultate?

it matters if by not disclosing a "material" fact, the discovery of the new information would have changed the decision on whether he was eligible to receive the immigration benefits.. I cannot imagine that his previous work history comes anywhere near that magnitude and scope...

[Stephen + Elisha 92]

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

Yes we want to indicate the truth, but we're just afraid...Even if we get our visa, years and years down the road we are afraid he could be deported, because they could somehow say he lied on his forms. Do you think we should put an attachment, or get advice from the consultate?

If you omit the employment, you will have "lied on his forms." He was employed, paid under the table or not. If you omit that information and it's later discovered, he will be liable for having committed immigration fraud—willful misrepresentation of a material fact.

Fact is, your fiance made a bad decision by agreeing to be paid under the table. Could it complicate his ability to obtain a US visa? Possibly, but not likely. Be truthful on the forms and let the chips fall where they may. It seems to me that you run a much greater likelihood of problems if you willfully misrepresent material facts on the forms.

[CherryBlossom123 0]

I'm sorry, but I don't fully understand what your saying, could you explain a bit more?

[pushbrk 12,824]

Hi everyone, I've been in a long distant relationship with a guy from the UK for the past two years. I have been over to see him two times, and he's been here, in America, three times, the longest of which was a three month stay. During the three month visit, we got engaged and we want to take the K-1 route, but we obviously have some questions:

Our main concern is that for the last six years, my fiance's employer has not been paying my fiance's taxes, which he knew about all along (paying under the table)...Now, when it comes to the K-1 forms, my fiance has to state his employment history, he is afraid that if he puts down this employer, he and his employer will wind up in legal trouble. Although, since he's been in America, and with the economy, he is now currently unemployed, but looking for another job. Since there is no record of my fiance working would this put up a red flag to the USCIS? Would putting his employer on the forms, would the UK government find out and would it cause troubles with the USCIS? Does the USCIS contact the employers?

Our other concern is his living situation, for the last two years, he wasn't supposed to be staying at his parents house, but he was living there, nevertheless. Some government agencies were told that he wasn't living at that address. He always kept his mailing address as his parent's house, he now doesn't know what to state on the forms for those two years as his residence. Again, he doesn't want to say he was living at home if this were to put his parents in legal troubles. What should we do?

Thanks

List all addresses he LIVED at and employers in the last 5 years. It will not be a problem for him or your case. USCIS and the consulate is not a tax collector for the UK.

Hi everyone, I've been in a long distant relationship with a guy from the UK for the past two years. I have been over to see him two times, and he's been here, in America, three times, the longest of which was a three month stay. During the three month visit, we got engaged and we want to take the K-1 route, but we obviously have some questions:

Our main concern is that for the last six years, my fiance's employer has not been paying my fiance's taxes, which he knew about all along (paying under the table)...Now, when it comes to the K-1 forms, my fiance has to state his employment history, he is afraid that if he puts down this employer, he and his employer will wind up in legal trouble. Although, since he's been in America, and with the economy, he is now currently unemployed, but looking for another job. Since there is no record of my fiance working would this put up a red flag to the USCIS? Would putting his employer on the forms, would the UK government find out and would it cause troubles with the USCIS? Does the USCIS contact the employers?

Our other concern is his living situation, for the last two years, he wasn't supposed to be staying at his parents house, but he was living there, nevertheless. Some government agencies were told that he wasn't living at that address. He always kept his mailing address as his parent's house, he now doesn't know what to state on the forms for those two years as his residence. Again, he doesn't want to say he was living at home if this were to put his parents in legal troubles. What should we do?

Thanks

List all addresses he LIVED at and employers in the last 5 years. It will not be a problem for him or your case. USCIS and the consulate is not a tax collector for the UK.

Not sure how I messed up that post. Anyway, list ALL addresses he LIVED at and employers in the last 5 years. USCIS and the consulate are not tax collectors for the UK.

Yea but I think they are afraid that stating these on the forms then it could cause legal troubles for them, if not now than in the future. Who knows how the USCIS conduct checks. She is probably afraid that the UK government could be alerted to them by stating the info on the forms...

The other side of the coin is that if he lies on his immigration forms or to a Consular officer, he can be banned from the USA for life. His employer's failure to obey UK laws is a non-issue when it comes to his immigration. Tell the truth and get on with life.

[Chica Yeyé 41]

To the OP: no one will advise you to lie. Why? Besides the fact that it is morally reprehensible; it goes against this website's Terms Of Service.

[Kathryn41 3,205]

To those of you who suggest that the OP fail to disclose employment and residential history on US immigration forums - that is supporting and condoning an illegal activity aka misrepresentation to USCIS which can carry a life time ban to the US - this is a violation of the Terms of Service of Visa Journey as well. Please do not make any such recommendations.

To the OP, your concern about misrepresentation coming back to bite you years in the future is a valid one. You really only have one option - to tell the truth about your fiance's employment and the residential history. The consequences from lying to USCIS are going to be far worse than the consequences of having previous poor decisions come to light with the varying other government bodies involved. You need to tell the truth, it is as simple as that, even if the truth has some unsavoury or difficult components. It is very unlikely any UK organizations are going to find out what he has written on a US immigration application but you have to tell the truth.

[g.areth 0]

Thanks for all your comments and replies, but we have another fear...If my fiance's employer cannot be traced or there is no record of my fiance working for him won't this arouse suspicion and look like he lied on the forms?

You cannot be held responsible if a previous employer has flown the "coop" (gone out of business, disappeared, moved, etc..) and cannot be found.... I have several employers in my history that are no longer in business and you could not verify that I worked there either if you tried.

My wife worked in an outdoor street market shop... she wrote on her g-325a that she was unemployed even though she paid her taxes.... Last I checked (just an hour or so ago), she is here in the USA.

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

So what should we do then? State his employment or not? What do you think?

I would indicate the truth.... as far as I know they do not verify any previous employment

Yes we want to indicate the truth, but we're just afraid...Even if we get our visa, years and years down the road we are afraid he could be deported, because they could somehow say he lied on his forms. Do you think we should put an attachment, or get advice from the consultate?

it matters if by not disclosing a "material" fact, the discovery of the new information would have changed the decision on whether he was eligible to receive the immigration benefits.. I cannot imagine that his previous work history comes anywhere near that magnitude and scope...

I'm confused.... you tell her to indicate the truth but you say your wife didn't on her forms? What did she write on the form asking for info on employment in the last ten years? Aren't you worried that this could be grounds for her deportation?

Also, I too don't fully understand your post about material facts etc..

[Gary and Alla 3,694]

Thanks for all your comments and replies, but we have another fear...If my fiance's employer cannot be traced or there is no record of my fiance working for him won't this arouse suspicion and look like he lied on the forms?

They do not trace the employer or verify he worked for him. You can stop worrying about this now, or not. Your choice. The worry will make no difference in the process and you will get the visa whether you worry about it or not.

[payxibka 10,045]

I'm confused.... you tell her to indicate the truth but you say your wife didn't on her forms? What did she write on the form asking for info on employment in the last ten years? Aren't you worried that this could be grounds for her deportation?

Also, I too don't fully understand your post about material facts etc..

deportation? not worried one bit... because the answer in my wife's situation is not a material fact that would have caused the decision on the visa to be different... Now, if she had been an undercover operative for the KGB then maybe different story....

So my final point was... tell the truth because I doubt his work history is anywhere near a material fact that would cause a visa decision to be altered. So there is nothing to worry about....