K1 versus previous unauthorized employment

[monig 0]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

[Rob & Jin 0]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

Well, lets put it this way you breached the conditions of a previous visa and worked here illegally (not unauthorized, but illegally), do you think it would be good idea to tell them that ? my advice is seek legal advice on this. If you give them a red ** they will fly it, if however they catch you lying you will be denied, and petitioneer may face prosecution .

This is just my opinion

[mox 298]

Don't lie and don't try to cover it up. I would talk to an attorney about how to go about it. I think the best thing you have going for you is that you didn't overstay your Visa. They probably look at overstaying as a bigger issue than illegally working.

[athena_ny 1]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

Well, lets put it this way you breached the conditions of a previous visa and worked here illegally (not unauthorized, but illegally), do you think it would be good idea to tell them that ? my advice is seek legal advice on this. If you give them a red ** they will fly it, if however they catch you lying you will be denied, and petitioneer may face prosecution .

This is just my opinion

Working illegally is a civil offense and not a crime, the crime is committed by the employer, so the OP is right that it is unauthorized work, not technically illegal.

Unauthorized work/overstay is forgiven through marriage to a USC if you are already in the states, but you're not - you need to to tell the truth and will probably need a waiver - hopefully kitkat1 will come by and help you out more with that, I'm not well versed in the specifics. Also, maybe ask over in the waiver forum.

[Fandango 1,439]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

Well, lets put it this way you breached the conditions of a previous visa and worked here illegally (not unauthorized, but illegally), do you think it would be good idea to tell them that ? my advice is seek legal advice on this. If you give them a red ** they will fly it, if however they catch you lying you will be denied, and petitioneer may face prosecution .

This is just my opinion

Working illegally is a civil offense and not a crime, the crime is committed by the employer, so the OP is right that it is unauthorized work, not technically illegal.

Unauthorized work/overstay is forgiven through marriage to a USC if you are already in the states, but you're not - you need to to tell the truth and will probably need a waiver - hopefully kitkat1 will come by and help you out more with that, I'm not well versed in the specifics. Also, maybe ask over in the waiver forum.

she didn't overstay......

[Rob & Jin 0]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

Well, lets put it this way you breached the conditions of a previous visa and worked here illegally (not unauthorized, but illegally), do you think it would be good idea to tell them that ? my advice is seek legal advice on this. If you give them a red ** they will fly it, if however they catch you lying you will be denied, and petitioneer may face prosecution .

This is just my opinion

Working illegally is a civil offense and not a crime, the crime is committed by the employer, so the OP is right that it is unauthorized work, not technically illegal.

Unauthorized work/overstay is forgiven through marriage to a USC if you are already in the states, but you're not - you need to to tell the truth and will probably need a waiver - hopefully kitkat1 will come by and help you out more with that, I'm not well versed in the specifics. Also, maybe ask over in the waiver forum.

she didn't overstay......

Unfortunatly she/ he worked illegally, USCIS may never find out, they might. Its still a visa violation, does not matter whether its a criminal or civil offense or not. How do you think USCIS, NVC will will look at at a petitition that already shows dishonesty in the past. Good immigration legal advice is needed i think.

Edited September 25, 2007 by Rob & Jin

[athena_ny 1]

I met my fiance while I was in the US under a R2 visa (dependent of R1, allowed to study only). I did not overstay the date on my I-94, but I worked without the INS authorization using my real SS#. Now I'm back to my country, but my fiance and I really want to get married and stay together. I believe I should be honest about the unauthorized work because I've read that hiding this fact may put me in big trouble. Do I have any chance to get the K1 visa? What are my chances?

Thanks!

Well, lets put it this way you breached the conditions of a previous visa and worked here illegally (not unauthorized, but illegally), do you think it would be good idea to tell them that ? my advice is seek legal advice on this. If you give them a red ** they will fly it, if however they catch you lying you will be denied, and petitioneer may face prosecution .

This is just my opinion

Working illegally is a civil offense and not a crime, the crime is committed by the employer, so the OP is right that it is unauthorized work, not technically illegal.

Unauthorized work/overstay is forgiven through marriage to a USC if you are already in the states, but you're not - you need to to tell the truth and will probably need a waiver - hopefully kitkat1 will come by and help you out more with that, I'm not well versed in the specifics. Also, maybe ask over in the waiver forum.

she didn't overstay......

She worked without authorization which still makes someone inadmissable... I always include both because then hopefully less idiots will respond in the future with the kind of bullcrap I've seen on here.

Either way, she should talk to a lawyer but they need to tell the truth regardless - if they don't and it comes out later it'll be misrepresentation which would be a mess I wouldn't want to get into.

Whether or not she overstayed isn't the point, obviously.

[bora bora 1]

My advice is NOT to lie...

[Fandango 1,439]

she didn't overstay......

Unfortunatly she/ he worked illegally, USCIS may never find out, they might. Its still a visa violation, does not matter whether its a criminal or civil offense or not. How do you think USCIS, NVC will will look at at a petitition that already shows dishonesty in the past. Good immigration legal advice is needed i think.

Oh I'm aware...and I agree with you that she needs to speak to an atty. I was just pointing it out that she didn't overstay so that the actual issue doesn't get confused here.

[Mags 112]

Legal advice is the way to go in this case, imo. No one here should advise you to lie to USCIS...tell the truth all the way.

Edited September 25, 2007 by Mags

[Fandango 1,439]

Legal advice is the way to go in this case, imo. No one here should advise you to lie to USCIS...tell the truth all the way.

Mags, can I quote this for another thread?

[Mags 112]

Legal advice is the way to go in this case, imo. No one here should advise you to lie to USCIS...tell the truth all the way.

Mags, can I quote this for another thread?

Yup. Be my guest.

[Fandango 1,439]

Legal advice is the way to go in this case, imo. No one here should advise you to lie to USCIS...tell the truth all the way.

Mags, can I quote this for another thread?

Yup. Be my guest.

People here need to realize that no one here should advise lying....whether someone does is HIS or HER choice alone.

[Mags 112]

Legal advice is the way to go in this case, imo. No one here should advise you to lie to USCIS...tell the truth all the way.

Mags, can I quote this for another thread?

Yup. Be my guest.

People here need to realize that no one here should advise lying....whether someone does is HIS or HER choice alone.

Yup, I've posted that many times.

[mox 298]

At the point where lying *seems* like it might be a good idea, that's the point where it's time to get a lawyer to lie for you.