Ay yai yai - Trying not to lie (Husband's work history after visa expired)

[Old Dominion 26]

<<Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

---

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

---

An overstay is forgiven. So is working while in the US. Using a SSN (which might be identity theft in itself - how'd they get the number?) is a different story. It's best to get a lawyer's perspective.>>

When he told a manager at the company that he didn't have one (SSN), the manager pushed the paperwork at him and said "just write down some numbers". So, he didn't steal one - he made one up. I don't how the company got away with it (they did this for many, many of their employees) - especially since they got audited (without, it seems, getting into any trouble).

I will update when we've consulted with a lawyer so everyone knows what advice we were given.

Thanks for the replies!

Oh, so he is the one who came up with the fake SSN. Then get thee to a good lawyer quickly.

[GFL 0]

Thanks to everyone for their info.

Spookyturtle: No, he never filed an I-9. It's downright amazing that an employer can get away with that and still be in business fter all these years.

It's heartening to know that others have (or know of people who have) been through similar situations and some have come out ok. We knew that there might be a penalty to pay (not sure if 1,000 dollars is the max), especially since he has overstayed his visa by so many years.

Thanks for all the insight!

This is not as unusual as you think it is. Don't go crazy over it. I don't see why he would have to pay any fines. Do not put any fake ssn's on the application forms that you send out. Fact is that he never had a social, so put on application "none".

In order to pay taxes if you don't have a valid ssn, you will need a TIN (tax indentification number). The way it works and what it comes down to is: you cannot work legally without a ssn, but you can and should pay taxes if you do! Yeah .. go figure! It's just a way the federal government makes money when illegal immigrants work.

The fact that the company is being audited is really their problem. If you husband hasn't paid taxes, I suggest he does. He can file returns for the past 2 years if you guys want to.. or even more years if you'd like. He'll have to apply for a tax id. Some tax companies could help you with that.

But, if you are still worried, I would suggest you contact an attorney for an interview. Don't need to have the attorney do all the paperwork. Just have an interview to ask questions (usually the first interview is free ).. wouldn't tell him/her that you're not filing with them though ...

Wish you best of luck.

Everything will work out.

God Bless.

[*JG* 2]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

Except that paperwork along the way asks if you have ever had a SSN before. How do you answer that?

[carmie and aldo 0]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

[cdn_in_wa 1]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

Huh?

Speak for yourself or your own situation.

I have NEVER worked in the US. Ever. Legally or not.

NOT ALL the people that AOS through marriage worked illegally in the US. Not even close.

Unbe-freakin-lievable!

Edited November 8, 2008 by cdn_in_wa

[carmie and aldo 0]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

Huh?

Speak for yourself or your own situation.

I have NEVER worked in the US. Ever. Legally or not.

NOT ALL the people that AOS through marriage worked illegally in the US. Not even close.

Unbe-freakin-lievable!

well if you didn't like the comment please step aside and don't hate

don't try to be a Vj hero of the day with ur stupid comment..

i just gave my point of view on the topic..

[carmie and aldo 0]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

Huh?

Speak for yourself or your own situation.

I have NEVER worked in the US. Ever. Legally or not.

NOT ALL the people that AOS through marriage worked illegally in the US. Not even close.

Unbe-freakin-lievable!

ohh and my husband never worked illegally on the US..

he has money.. so he was never on the need..

[cdn_in_wa 1]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

Huh?

Speak for yourself or your own situation.

I have NEVER worked in the US. Ever. Legally or not.

NOT ALL the people that AOS through marriage worked illegally in the US. Not even close.

Unbe-freakin-lievable!

well if you didn't like the comment please step aside and don't hate

don't try to be a Vj hero of the day with ur stupid comment..

i just gave my point of view on the topic..

Why, oh why is there not an eye-rolling smiley?

It's hating to disagree?

You suggested that everyone who files AOS through marriage worked illegally in the US.

I disagreed. \story

Not everyone who AOS through marriage has worked or will work illegally in the US.

ohh and my husband never worked illegally on the US..

he has money.. so he was never on the need..

He's got so much money he entered the US on a tourist visa in 2004 and hasn't needed to work since then? Hasn't left the country since then? Overstayed his tourist visa by what - 3 years?

Must be nice.

[carmie and aldo 0]

he just decided to stay here...... due to family problems..

none of your business..

I'm not going to waste my time with you..

You haven't helped me whatsoever...... so Ill let you bark all you want..

good luck to you and your bought marriage..

[newspud 0]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

Except that paperwork along the way asks if you have ever had a SSN before. How do you answer that?

Well, the truth of the matter is, he never had one, so he wouldn't be lying on the paperwork if he said that. When he applied, the company manager/owner told him, in short, to make a number up. He still remembers the number. They never asked him to fill out an I-9 or anything like that. When the company got audited, they changed their minds about his tax id number (he had it in the beginning but they didn't want to use it) so he has paid taxes for the last two years.

[Beautiful_years 0]

any overstay is forgiven... no matter how long out of status if you marry a US citizen..

and as far as the ss... well....... i guess all the people that AOS through marriage... they once worked illegally in the US..

so that should be pardoned too..

ehn hmmmm gulp! for a second...

*Overstays forgiven if married to a usc no matter how long?

Excuse me please and correct me again...

I do have a friend we met at the embassy while i was going for my interview and our families became close... he came here years ago on a visitors visa and over stayed, for three years, he did get engaged here, married here and had a daughter here with a usc... but the court ordered him to leave he thought he was under a 3yrs ban three years later the embassy is yet to grant him entry even after his wife filing waivers ... family hardship bla bla bla, she even came to Nigeria in june to attend one of those interviews with him and from what i hear they are still on it....

I pray they let him come soon... but why then didnt they forgive him? And his case isnt perculiar to him...i've read of some more.... why is there a ban if being married to a USC is enough reason to keep you here no matter how long you have overstayed?

My $0.05

If its forgiven as far as you are married to a USC why then is it an issue with immigration?

And for the other part of people who *AOS through marriage once working illegally in the USA dont you think thats totally wrong?

Reading from here most AOS through marriage wait impatiently for EAD to begin work.. afterall.. it takes only 90boring, endless waiting days... most times *LESS* but if you could wait forever to come here, waiting 90days isnt that bad enough to make you go the illegal route to get a job!

Even those who tried to get illegal gets advice from here to *NOT* as it would or might attract grave consequences.....

Lastly ...i'm not starting an arguement... just stating my *opinion* no offence intended... i too stand to be corrected...

Excuse the typos where ever if any!

Edited November 8, 2008 by Beautiful_years

[Beautiful_years 0]

he just decided to stay here...... due to family problems..

none of your business..

I'm not going to waste my time with you..

You haven't helped me whatsoever...... so Ill let you bark all you want..

good luck to you and your bought marriage..

Hey hey hey!

Lets stop the fussing and fighting okay?

Although there might be things to worry about, be rest assured you are not alone in this, people have gone through this same situation and would still do.... Like i said earlier... This is the time to Get an Attorney then come back here as the other poster rightly said..... there are a lot of knowledgable people who who can give you advice, i can recommend some too..

Just take things easy.... what the previous poster was ranting about was the fact that you claimed AOS fillers through marriage work illegally here...

Thats not true....

But lets stick to the topic and please update update update...

We are here for each other...

[cdn_in_wa 1]

he just decided to stay here...... due to family problems..

none of your business..

I'm not going to waste my time with you..

You haven't helped me whatsoever...... so Ill let you bark all you want..

good luck to you and your bought marriage..

Again, I long for the rolling eye smiley.

This will have to suffice. :rofl:

[Lili 3]

Wow, Princessluv... I am speechless. Your lack of respect is astounding!

Edited November 8, 2008 by Lili

[carmie and aldo 0]

Omg what's your problem people ... I just gave my point of view... because on my own experience I've had friends with that same problem... they did AOS , worked illegally on the US and went fine..

I haven't disrespected anybody at all..