illegal work before getting married

[FeniX 0]

Hello!

I have a question regarding marriage. My friend will soon get married with US citizen, currently she stays in the USA on valid Visitor Visa. The truth is that she works here using the SS# she received with her former J1 visa - student visa with work permiit - unfortunately that SS# was valid only with J1 visa which expired long time ago. Recenty she also filed an application I-539 for extending non-immigrant status where she had not provided that SS# and has not received a decision yet neither.

Currently they fill papers (marriage license) and they do not have a clue if she should whether finally give her invalid SS# or not. Does anyone have an idea if THEY can find this SS# as currently being used for work, meaning she worked illegaly? Anybody has similiar problem?

Thanks in advance

Regards,

FeniX.

[sukie175 0]

I have no advice - intersting though

[Satellite 1]

Just a general reminder, but overstays as well as unauthorized work is forgiven when marrying a United States Citizen.

So in many ways her "illegal work" is a mute point.

[stinger157 0]

Hello!

I have a question regarding marriage. My friend will soon get married with US citizen, currently she stays in the USA on valid Visitor Visa. The truth is that she works here using the SS# she received with her former J1 visa - student visa with work permiit - unfortunately that SS# was valid only with J1 visa which expired long time ago. Recenty she also filed an application I-539 for extending non-immigrant status where she had not provided that SS# and has not received a decision yet neither.

Currently they fill papers (marriage license) and they do not have a clue if she should whether finally give her invalid SS# or not. Does anyone have an idea if THEY can find this SS# as currently being used for work, meaning she worked illegaly? Anybody has similiar problem?

Thanks in advance

Regards,

FeniX.

Well, it is not smart what she did. If the government changes the law like planned and the employer has to submit the SS# of alien workers she and her employer will be in trouble anyways. I think no one has to use much phantasy to see in what that can result.

It is one thing to discuss and argue about mexican illegals. But misusing a valid visitor visa to work knowingly it is illegal is something no one should do. Sooner or later there will be changes to immigration law. And then, depending on how much the laws are changing, it can happen that she has to face consequences out of her decission. If someone sees that her SS# was used at a job when she was not supposed to work can raise alot of questions. Later, when she is going to adjust her status she has to submit her SS#.

If she doesn't do that USCIS will see that she applied for a visa before and might be curious why she doesn't submit her SS# even she was authorized to work. The result can be that she gets deported and that she has difficulties coming back later.

Well, good luck to your friend. The only thing I can say to that. Obey to the law and you will have less problems.

Just a general reminder, but overstays as well as unauthorized work is forgiven when marrying a United States Citizen.

So in many ways her "illegal work" is a mute point.

For now you are right. But with a bunch of changes on the way to come no one can know if they will still be so generous when the new laws are there. That is why it is always better to follow the rules. Especially with a 250+pages petition pending.

[americangirl 0]

Just a general reminder, but overstays as well as unauthorized work is forgiven when marrying a United States Citizen.

How do you figure?

[Boiler 46,135]

Just a general reminder, but overstays as well as unauthorized work is forgiven when marrying a United States Citizen.

How do you figure?

Not sure how you figure, but that is the way it works.

[aussiewench 9]

Just a general reminder, but overstays as well as unauthorized work is forgiven when marrying a United States Citizen.

How do you figure?

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#j

[americangirl 0]

Well, then I'm confused. Why is my husband taking an unpaid leave of absence until he gets his new EAD? It seems like everyone on here doesn't work until they get it...

Has anyone done this and gotten approved?

ETA: We don't want to get his boss in trouble by paying him when he's not legal to work, so even if this is technically "legal"-ish, we won't do it...but still curious if anyone has done this and gotten away with it.

Edited May 25, 2006 by americangirl

[Boiler 46,135]

Well, then I'm confused. Why is my husband taking an unpaid leave of absence until he gets his new EAD? It seems like everyone on here doesn't work until they get it...

Has anyone done this and gotten approved?

ETA: We don't want to get his boss in trouble by paying him when he's not legal to work, so even if this is technically "legal"-ish, we won't do it...but still curious if anyone has done this and gotten away with it.

Its not legal or legalish.

He may be forgiven, but theoretically his employer will not.

In practice of course the chance of an employer being prosecuted is next to nil.

[sjoefl01 1]

The real burden is on the employer. The people that get deported and such on these raids you see on TV are here illegally.

[FeniX 0]

Hi again!

Thanks for many good news. It nice to have you all around here B)

Warmest regards,

FeniX

[Boiler 46,135]

The real burden is on the employer. The people that get deported and such on these raids you see on TV are here illegally.

Many overstayers get deported as well, just not quite so newsworthy and its individual cases rather than groups.

[mrs.jenjen 0]

At my AOS interview I actually had a discussion with the interviewer about working illegally (I didn't) and she was as blase about it as she was about my overstay and adjusting on the VWP - her only response to that being a wink and a 'you know you should have left'. I now have my green card, so I'm assuming in practice they are much more lenient than they let on.

Personally, I think your friend is being a bit daft, but it is my opinion that it is very very very unlikely she will be found out.

However, who wants to risk that kind of trouble when you don't have to?

[rushter 0]

Considering technology advancements of the last 30 years, you'd figure that an INS officer would simply be able to key in a person's name or ssn, and get their entire work/residence history in an instant.

Why on earth would an agency that actually issued an NOA2, require the inclusion of it in an AOS pack - much less require tax returns for the previous 3 years for the sponsor. Why isn't the USCIS/ins/irs/blah... all connected together somehow? (privacy laws I'm sure, but that's for another thread).

This is so stupid and redundant.. it's obvious these guys are just budget starved technology wise, and hamstrung legislation wise.

And for those that want to blame 911 on the INS, it wasn't the ins that allowed those hosers in this country, it was/were the laws that the ins has to enforce/support that did. So, if usg/dos policy allowed it to happen, then that was the position that the ins had to enforce at that time.

So, go figure, a lot of people can get waive'd for illegal behaviour and get AOS regardless of their entry status, the uscis is simply enforcing procedures that are in effect by a matter of law. And if it results in a house of cards that comes crashing down like apps submitted during imbra's honeymoon, then so be it. It's not their direct fault. It's these dumbasses that make the insane `feelgood` legislation that get them votes to stay in office.

Jack Bauer, have Chloe fax me a beer please. This is nuts.

[maya62 7]

Considering technology advancements of the last 30 years, you'd figure that an INS officer would simply be able to key in a person's name or ssn, and get their entire work/residence history in an instant.

Why on earth would an agency that actually issued an NOA2, require the inclusion of it in an AOS pack - much less require tax returns for the previous 3 years for the sponsor. Why isn't the USCIS/ins/irs/blah... all connected together somehow? (privacy laws I'm sure, but that's for another thread).

This is so stupid and redundant.. it's obvious these guys are just budget starved technology wise, and hamstrung legislation wise.

And for those that want to blame 911 on the INS, it wasn't the ins that allowed those hosers in this country, it was/were the laws that the ins has to enforce/support that did. So, if usg/dos policy allowed it to happen, then that was the position that the ins had to enforce at that time.

So, go figure, a lot of people can get waive'd for illegal behaviour and get AOS regardless of their entry status, the uscis is simply enforcing procedures that are in effect by a matter of law. And if it results in a house of cards that comes crashing down like apps submitted during imbra's honeymoon, then so be it. It's not their direct fault. It's these dumbasses that make the insane `feelgood` legislation that get them votes to stay in office.

Jack Bauer, have Chloe fax me a beer please. This is nuts.

great post...

and the icing on the cake: we the taxpayers are footing the bill for all the craziness!!