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

[Cassie 8]

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..

right........... so this little gem:

good luck to you and your bought marriage..

is your way of making peace?

respectfully submitted,

yet another AOS'er through marriage who didn't work illegally

[himher 634]

I think this poster meant to say:

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

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!

[Johnnie J 0]

Hahahahaha.......

Some people are so childish with their comments ----> o0pricelessluv0o

[*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?

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.

Was this fake social security number actually in his name?

[carmie and aldo 0]

I think this poster meant to say:

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

This is such proof of stupidity /racism .. and the saddest part.. is that this guy does not realize he's on a immigrant forum..

anyways... keep hiding behind your profile.. and when you're ready to back it up... please let me know

Edited November 10, 2008 by o0pricelessluv0o

[himher 634]

(laughing) @ "racism". YOU opened that door, you know, the one that assumes everyone who adjusts status also works illegally..........I know exactly what forum this is.....the one for advice and knowledge about legal immigration (do you even know how that works or what that is?) When you are ready for tips on that, which is what this forum is for, please let ME know.

I think this poster meant to say:

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

This is such proof of stupidity /racism .. and the saddest part.. is that this guy does not realize he's on a immigrant forum..

anyways... keep hiding behind your profile.. and when you're ready to back it up... please let me know

[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.

Was this fake social security number actually in his name?

No - it wasn't. He made it up per the request of the manager at the company.

[newspud 0]

Hi All,

Just thought I would send an update and perhaps garner a bit of empathy. I'm feeling very discouraged today.

We've been searching for organizations and lawyers who could handle the nuances of our situation in Boise but to know avail. On a friend's suggestion I started researching attorneys in Seattle.

The first attorney that I called was horrible. His website claimed that he gave a free consultation by phone, so I called and actually got him on the phone. He started asking me questions and then he got to how long we had know each other. I've known my husband for almost a year. We got married 5 months after we met.

The attorney then asked if my husband was paying me to file an AOS. I said "No, this marriage is not a fraudulent marriage." He laughed and said, "Yeah, and I have two heads." I couldn't believe it.

He then went on to say that he would need an extra 1,000 on top of the 1,500 dollar fee, two roundrip tickets (to where, he never said), and hotel accomodations. I'm assuming this was so that he could visit us in Boise - but again, he never explained what the tickets and hotel were for.

I asked a question about my husband's child support and after a short answer he curtly got off the phone by saying "I have to eat lunch now."

When you don't know who to turn to, and you have questions that are worrying you and that you'd like a modicum of peace of mind about, it's horrible to have to talk to a$$holes like this.

I also called Catholic Social Services today but they have no appointments until next year.

This is so frustrating. I wish we lived in a bigger city where we had access to qualified attorneys. I really don't like doing things by phone because I feel like you lose a sense of control over your paperwork - and I also don't like the idea of NEVER meeting my lawyer face-to-face.

Say a prayer for us, please. We're gonna need it.

[newspud 0]

Btw, the attorney also asked me for my husband's height and weight and my height and weight. Is this a standard question? Why would an attorney ask this?

[carmie and aldo 0]

wow..

i think that clown wasn't even a lawyer!!!

be really careful who do you talk too... what he asked is not a professional question and i wouldve told him to #### off!!

honestly!

I dont think you even need a lawyer! its just a matter of asking questions on the forum!

good luck

[tanyaru 3]

This is not as big a problem as you think. I have a friend, no it is not me we did K3 - he was working in Arlington, Tx and his employer was doing the same thing with some of their laborers. Short story is - he married one of the girls there who, a few years ago, had crossed the border on a pass, kept going, come to the Houston area, and went to work. She used a fake SS# for years. (Here's how your husband's company passed the audit - they deduct SS from the checks, don't paid a dime to the SSA for the work that is done, and keep it for themselves. Go to SSA.gov and order the SS payment history and see for yourself)

Anyway here's what my friend had to file to legalize his wife:

I130

I485

I485 Supplement A

I765

Basically it's the same things you would file for AOS with an extra Supplement A and $1000 penalty

They DID use an immigration attorney - that was a good recommendation. Just know that you are not in a hopeless situation this is actually not uncommon.

Best of luck

I have read the instructions to I-485 Supplement A and here is what I found:

Who Does Not Need to Use Supplement A to Form I-485?

1. You do not have to submit Supplement A to Form I-485 if you:

A. Are already an LPR; or

B. Have continuously maintained lawful immigration status in the United States since November 5, 1986; or

C. Are applying to adjust status as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and you were inspected and lawfully admitted to the United States other than in C-1 or S nonimigrant status.

So that means $1000 less for you to pay

I think you shold talk to the tax professional, not a lawyer. You need to make sure he paid all the taxes he owed for the period he worked or government will definetly come back to you to get their cut with a fine.

[Chica Yeyé 41]

wow..

i think that clown wasn't even a lawyer!!!

be really careful who do you talk too... what he asked is not a professional question and i wouldve told him to #### off!!

honestly!

I dont think you even need a lawyer! its just a matter of asking questions on the forum!

good luck

Please do not advise people not to seek legal counsel. We do not advocate that in VJ -- we are NOT legal experts.

[carmie and aldo 0]

wow..

i think that clown wasn't even a lawyer!!!

be really careful who do you talk too... what he asked is not a professional question and i wouldve told him to #### off!!

honestly!

I dont think you even need a lawyer! its just a matter of asking questions on the forum!

good luck

Please do not advise people not to seek legal counsel. We do not advocate that in VJ -- we are NOT legal experts.

?????????????????????????????????????????????????????????????????????????????????????????/ #######

[Chica Yeyé 41]

wow..

i think that clown wasn't even a lawyer!!!

be really careful who do you talk too... what he asked is not a professional question and i wouldve told him to #### off!!

honestly!

I dont think you even need a lawyer! its just a matter of asking questions on the forum!

good luck

Please do not advise people not to seek legal counsel. We do not advocate that in VJ -- we are NOT legal experts.

?????????????????????????????????????????????????????????????????????????????????????????/ #######

You read properly --- we do not tell people not to seek legal counsel.

If you have a problem with that, by all means PM Captain Ewok and/or the moderating team and ask them. No need to be nasty.

[carmie and aldo 0]

omg.. i didnt even know.... chill out... damn

its was a personal opinion... i didn't suggest anything...i didn't even know that u take ur vj moderator role very serious!! (if you r one)

u seem more friendly making jokes in spanish on the other forum..

peace