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stanleyk19

AOS - living and working situation

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Filed: Timeline

Hello All,

I had an interesting question.

So I'm about 25 and still live with my family. My girlfriend of over a year has been living in my house for the past 6 months. She over stayed her student visa. We're planning on having a small wedding with immediate family and close friends in August. I'm looking for our own place, but we may or may not be in our home by then.

My first question is, does the fact that we live in the home of my family effect the AOS application and process?

On top of that, my girlfriend currently works for my father in a restaurant. She had a temporary work visa which she changed into a student visa. My question is if we get married, and petition for an AOS, will her continuing to work there effect anything? She gets paid with checks, pays taxes.

All information is helpful,

Thanks!

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Hello All,

I had an interesting question.

So I'm about 25 and still live with my family. My girlfriend of over a year has been living in my house for the past 6 months. She over stayed her student visa. We're planning on having a small wedding with immediate family and close friends in August. I'm looking for our own place, but we may or may not be in our home by then.

My first question is, does the fact that we live in the home of my family effect the AOS application and process?

None at all.

On top of that, my girlfriend currently works for my father in a restaurant. She had a temporary work visa which she changed into a student visa. My question is if we get married, and petition for an AOS, will her continuing to work there effect anything? She gets paid with checks, pays taxes.

Is she working legally now?

All information is helpful,

Thanks!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline
Hello All,

I had an interesting question.

So I'm about 25 and still live with my family. My girlfriend of over a year has been living in my house for the past 6 months. She over stayed her student visa. We're planning on having a small wedding with immediate family and close friends in August. I'm looking for our own place, but we may or may not be in our home by then.

My first question is, does the fact that we live in the home of my family effect the AOS application and process?

None at all.

On top of that, my girlfriend currently works for my father in a restaurant. She had a temporary work visa which she changed into a student visa. My question is if we get married, and petition for an AOS, will her continuing to work there effect anything? She gets paid with checks, pays taxes.

Is she working legally now?

All information is helpful,

Thanks!

No, she's not working legally now. she had a social that worked before, but doesnt work now. however if the employer doesnt check the ssn against the records, no one will know.

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My advice would be to stop her from illegally working. USCIS will no she is working when they run the numbers (and when you fill out the forms).

You will need to get married, then attempt the AOS.

Since she is on a "student" visa, only an IJ can determine if she is "out of status". With that said, she currently has two negative factors working against the AOS, however, marriage to an USC usually let's it slide.

Once you apply for the AOS, you can apply for the EAD which will allow her to work legally.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline
No, she's not working legally now. she had a social that worked before, but doesnt work now. however if the employer doesnt check the ssn against the records, no one will know.

:blink: You are sailing really murky waters. Don't risk it. Like Bobby said, she has to stop working illegally. Not cool.

Get married, apply for AOS+EAD indeed.

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Filed: Timeline
My advice would be to stop her from illegally working. USCIS will no she is working when they run the numbers (and when you fill out the forms).

You will need to get married, then attempt the AOS.

Since she is on a "student" visa, only an IJ can determine if she is "out of status". With that said, she currently has two negative factors working against the AOS, however, marriage to an USC usually let's it slide.

Once you apply for the AOS, you can apply for the EAD which will allow her to work legally.

what do you mean by run the numbers?

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They have access to government records, when do they do background checks. Her SSN will show up.

If she was filing in taxes - it will be in the IRS DB.

(oh - that should be "know" not "no" - stupid spellcheck :))

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline
I have a question .My friend already sent her package ..for the uscis..she already did the biometric..and is wating for the interview letter .She works as a nanny ..but they pay her cash and she doesnt use her ssn ..Its any chance that the imigration find about it ???

thanks

I'm sure INS cant find out if she gets paid cash. i wouldnt worry about it.

They have access to government records, when do they do background checks. Her SSN will show up.

If she was filing in taxes - it will be in the IRS DB.

(oh - that should be "know" not "no" - stupid spellcheck :))

She never filed taxes, she just pay's taxes from each paycheck. The company uses her SSN, but she doesnt actually file taxes every year.

Will that still be a problem?

And if it will be a problem, how will stopping working now change anything?

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Filed: Timeline
I have a question .My friend already sent her package ..for the uscis..she already did the biometric..and is wating for the interview letter .She works as a nanny ..but they pay her cash and she doesnt use her ssn ..Its any chance that the imigration find about it ???

thanks

I'm sure INS cant find out if she gets paid cash. i wouldnt worry about it.

They have access to government records, when do they do background checks. Her SSN will show up.

If she was filing in taxes - it will be in the IRS DB.

(oh - that should be "know" not "no" - stupid spellcheck :))

She never filed taxes, she just pay's taxes from each paycheck. The company uses her SSN, but she doesnt actually file taxes every year.

Will that still be a problem?

And if it will be a problem, how will stopping working now change anything?

#######! :angry: VJ does not promote or encourage illegal behavior. We have told you yes, working illegally IS a problem and she needs to stop. Will they find out? Probably (that's how they roll) - and then you will be in a deep, deep load of ####### tough to get out off. If you think you can get away hoodwinking the IRS and USCIS you might be in for a rude, rude awakening.

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Filed: Timeline
I have a question .My friend already sent her package ..for the uscis..she already did the biometric..and is wating for the interview letter .She works as a nanny ..but they pay her cash and she doesnt use her ssn ..Its any chance that the imigration find about it ???

thanks

I'm sure INS cant find out if she gets paid cash. i wouldnt worry about it.

They have access to government records, when do they do background checks. Her SSN will show up.

If she was filing in taxes - it will be in the IRS DB.

(oh - that should be "know" not "no" - stupid spellcheck :))

She never filed taxes, she just pay's taxes from each paycheck. The company uses her SSN, but she doesnt actually file taxes every year.

Will that still be a problem?

And if it will be a problem, how will stopping working now change anything?

#######! :angry: VJ does not promote or encourage illegal behavior. We have told you yes, working illegally IS a problem and she needs to stop. Will they find out? Probably (that's how they roll) - and then you will be in a deep, deep load of ####### tough to get out off. If you think you can get away hoodwinking the IRS and USCIS you might be in for a rude, rude awakening.

no one's "hoodwinking" the IRS. She pays taxes. relax man. take your angry commentary else where.

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Filed: Timeline

She pays taxes product of ILLEGAL work. that's rich. And yes, it is upsetting that in a website where people are trying to do things properly we get the likes of you, insisting on not following the law and/or looking for shortcuts.

And I am female, noob. Reported for promoting illegal working.

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Filed: Timeline
She pays taxes product of ILLEGAL work. that's rich. And yes, it is upsetting that in a website where people are trying to do things properly we get the likes of you, insisting on not following the law and/or looking for shortcuts.

And I am female, noob. Reported for promoting illegal working.

thanks :) you have a nice day.

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Filed: K-1 Visa Country: United Kingdom
Timeline

You are gettin' angry as you are USCIS worker. Calm down Bro! PPl come here with their problems and expect help. You could have told him/her in a polite way too. I am agreed with you, that's illegal behaviour and she/he should stop working Illegaly. But Noone has right to show up angry behaviour.

Be easy on mankind

I have a question .My friend already sent her package ..for the uscis..she already did the biometric..and is wating for the interview letter .She works as a nanny ..but they pay her cash and she doesnt use her ssn ..Its any chance that the imigration find about it ???

thanks

I'm sure INS cant find out if she gets paid cash. i wouldnt worry about it.

They have access to government records, when do they do background checks. Her SSN will show up.

If she was filing in taxes - it will be in the IRS DB.

(oh - that should be "know" not "no" - stupid spellcheck :))

She never filed taxes, she just pay's taxes from each paycheck. The company uses her SSN, but she doesnt actually file taxes every year.

Will that still be a problem?

And if it will be a problem, how will stopping working now change anything?

#######! :angry: VJ does not promote or encourage illegal behavior. We have told you yes, working illegally IS a problem and she needs to stop. Will they find out? Probably (that's how they roll) - and then you will be in a deep, deep load of ####### tough to get out off. If you think you can get away hoodwinking the IRS and USCIS you might be in for a rude, rude awakening.

AOS Transferred to CSC.......................August 4th 2009

AP/EAD Approval Notice appeared....August 21st 2009

AP/EAD received in mails.................... 08/27/09, 08/31/09

AOS at CSC.............................................Pending

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