Advice about Past Visa Violation

[ianbpro 0]

I met my fiancee last summer while she was here in the US on a B2 visa. She was here to look at graduate schools, but unfortunately she violated the terms of the visa and worked at a restaurant (where I met her) as well. She did not overstay the date on her visa.

We have received our NOA1. Does anyone know how this might affect the rest of our K-1 visa process. Are we likely to get an RFE or a flat denial? Will the petition be approved but it will be a problem at the interview?

We have been reading the forums for a while and this is our first post.

Thanks!

Note: She worked using a social security number she had acquired the first time she visited. We put the work experience in the i-129f, so we have not tried to hide it or be dishonest about it.

[makebalayesarr 9]

When it come to AOS, they would likely forgive overstaying visas, working illegally but NOT claim of US citizenship in the I.9 she filled out at the restaurant. They probably look at in to it. That's one of the primary reasons they ask you work experience for the Las 5 years in the US. It's a "ground of inadmissibility" therefore adjudicator may deny adjustment of statut.

[Darnell 8,478]

it's possible the petition will be approved.

it's also possible the visa application will be denied on interview day.

[ianbpro 0]

When it come to AOS, they would likely forgive overstaying visas, working illegally but NOT claim of US citizenship in the I.9 she filled out at the restaurant. They probably look at in to it. That's one of the primary reasons they ask you work experience for the Las 5 years in the US. It's a "ground of inadmissibility" therefore adjudicator may deny adjustment of statut.

It took me reading a few times to understand why I was confused. The social security number she used was her own that she legally acquired legally working on the first visit. She did not use a fraudulent SS# or claim to be a citizen. However, she probably said she was an alien eligible to work even though she was an alien ineligible to work.

[C-ma'am 684]

It took me reading a few times to understand why I was confused. The social security number she used was her own that she legally acquired legally working on the first visit. She did not use a fraudulent SS# or claim to be a citizen. However, she probably said she was an alien eligible to work even though she was an alien ineligible to work.

Under what circumstances was she able to obtain a SS# while on visitor status? Edited July 16, 2013 by Celeste & C

[ianbpro 0]

Summer 2011 came to the US for a student work and travel program. She was given a SS#.

Summer 2012 she came on a tourist visa to look for schools for a few months, but used the SS# to work while she was here.

[C-ma'am 684]

Gotcha! I'm with Darnell on this one.

[ianbpro 0]

What would be my options if

1. The petition is denied for this reason

2. The petition is accepted but denied on interview day. (And how should my fiancee talk about it at the interview?)

??

[Darnell 8,478]

which country will she interview in, and which country does she hold a passport (from) ?

[ianbpro 0]

which country will she interview in, and which country does she hold a passport (from) ?

She is from Belarus (with Belarusian passport) and is interviewing in Warsaw, Poland because there isn't a full embassy in Belarus.