J-1 AOS some concerns

[J-1 Visa holder 0]

Hi, i'm gonna explain my situation.

I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization". I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.

The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.

The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).

Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought

Please comment and try to give me some ideas here.

Thanks

[J-1 Visa holder 0]

By the way i forgot to mention it. I'm not subject to the 2 year residence requirement for the J-1 visa, so i don't need to have a waiver for AOS.

[Bobby+Umit 161]

No, they will not "forgive" working illegally. If someone gives you a job, they are doing so illegally.

Your best bet is to contact a lawyer.

An since your wife is not an USC, they will not forgive any overstay, that is only "forgiven" for USC's.

Add to the fact you two are not living together, all though married, to many red flags.

Seek a lawyer. Your going to need one.

[J-1 Visa holder 0]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

[Bobby+Umit 161]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

She has to be a USC before you file I would think, because when you fill out the paperwork, she will need to show her current status, LPR or USC.

How do you think they won't find out? Your in the country now, how are you supporting yourself? Since you do not have valid work permits...

I can't comment if you have a case or not, I am not a lawyer.

[fluffik 0]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

yes, they will forgive you everything unless it's crime

I was out of status for 6 years and just got my papers, they didn't ask anything about my past 6 years...

Get a CS for your wife and then apply for Green card, everything will be fine and even you can work, but don't forget to pay taxes

[Bobby+Umit 161]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

yes, they will forgive you everything unless it's crime

I was out of status for 6 years and just got my papers, they didn't ask anything about my past 6 years...

Get a CS for your wife and then apply for Green card, everything will be fine and even you can work, but don't forget to pay taxes

Only if you marry an USC.

LPR's do not count.

[DeaDea 0]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

yes, they will forgive you everything unless it's crime

I was out of status for 6 years and just got my papers, they didn't ask anything about my past 6 years...

Get a CS for your wife and then apply for Green card, everything will be fine and even you can work, but don't forget to pay taxes

Only if you marry an USC.

LPR's do not count.

As long as you pay taxes , you will be fine. IRS does not have anything to do with INS, again, as long as you have a clean background!, like no crimes, thefts etc..

And , yes, please apply for your AOS , AFTER she gets her citizenship.

Good luck man, you need to make a living also.

[Bobby+Umit 161]

NVM...

Edited May 1, 2009 by Bobby_Umit

[Chica Yeyé 41]

Thanks for reply bobby!

I know there's a lot of red flags, but she's appliying for her citizenship before we send the AOS, so will they forgive the overstay? I agree about the thing of working illegally, i don't think there's a way around of it (except working under the table and uscis hopefully not finding out). Once i get some money i'll move with her asap cause i miss her.

I'm definitively seeking a lawyer into this one.

But don't you think i still have a case?

She has to be a USC before you file I would think, because when you fill out the paperwork, she will need to show her current status, LPR or USC.

How do you think they won't find out? Your in the country now, how are you supporting yourself? Since you do not have valid work permits...

I can't comment if you have a case or not, I am not a lawyer.

You are correct Bobby.

I also suggest to the OP to seek competent legal counsel.

kthxbai

[juliaS 0]

My husband was LPR when we got married...Last August he filed I-130 petition for me as resident...Then in November when he got his US citizenship, he upgraded his petition which was approved one month later...Based on that, we sent all AOS paperwork...Last week we went for the interview and got approved....By the way, I overstayed my J1 visa for 4 years...They even didn't ask me why and where I worked (I did, illegally)... I am not a lawyer...It's just my experiance...Good luck...

[Bobby+Umit 161]

My husband was LPR when we got married...Last August he filed I-130 petition for me as resident...Then in November when he got his US citizenship, he upgraded his petition which was approved one month later...Based on that, we sent all AOS paperwork...Last week we went for the interview and got approved....By the way, I overstayed my J1 visa for 4 years...They even didn't ask me why and where I worked (I did, illegally)... I am not a lawyer...It's just my experiance...Good luck...

Yes - USC - overcame your adverse factors (the overstay/working)

congrats on getting approved!