Afraid a dire mistake has been made..please help!

[Bobby+Umit 161]

How come nobody has moved this thread yet to its proper place?

FAE

I'm getting to it

(moved from K-1 to ROC)

[belinda63 3,022]

Now it makes a lot more sense, all i saw originally was the arriving on K-1 and working without authorization ( which could lead to arrest if a workplace raid happened)

Since she had her greencard she is/was authorized to work. So no problem. If you might, might be referring to not paying taxes since she received a 1099 an not a w-2 this would be addressed when she files her taxes dependent on how much she made and how much she owes total (or both of you as I always recommend running the figures both join and filing separate).

[mikelovesgracey 0]

Tax records are not required for lifting conditions. They are, however, normally used to show bonafides of the marriage if you filed a joint return.

If you are a permanent resident and got a 1099, then you did not work without authorization--you worked as an independent contractor and you will owe some money to social security in addition to federal tax when you file your federal return.

Ok so working without the EAD will not be looked upon during the interview? I was just thinking that this could present a problem when they see this. I should know this because this is my second marriage to a foreigner, just can't remember what all took place last time as that was a long time ago. Thanks again John!

[mikelovesgracey 0]

Now it makes a lot more sense, all i saw originally was the arriving on K-1 and working without authorization ( which could lead to arrest if a workplace raid happened)

Since she had her greencard she is/was authorized to work. So no problem. If you might, might be referring to not paying taxes since she received a 1099 an not a w-2 this would be addressed when she files her taxes dependent on how much she made and how much she owes total (or both of you as I always recommend running the figures both join and filing separate).

No Belinda it is like you initially thought. She worked without the EAD. I realize taxes will have to be paid and i'm not concerned about that. This took place before she received the green card, but since we will be interviewed to lift conditions and prove the marriage in bonafide I worry this could be looked upon.

Edited January 13, 2010 by mikelovesgracey

[Bobby+Umit 161]

No Belinda it is like you initially thought. She worked without the EAD. I realize taxes will have to be paid and i'm not concerned about that.

With that being said, I wouldn't recommend people running out to work without the EAD - even though there is precedent to allow it to be "forgiven" with the conditions outlined above, you would have to pay for any lawyer/court costs if it becomes an issue and USCIS gets it in their head to deport/refuse an application...

and who needs more worries?

[Eric-Pris 1,604]

No Belinda it is like you initially thought. She worked without the EAD. I realize taxes will have to be paid and i'm not concerned about that. This took place before she received the green card, but since we will be interviewed to lift conditions and prove the marriage in bonafide I worry this could be looked upon.

It seems that people are confused. Let me see if I can clarify.

1. Before she received her greencard, she worked without an EAD.

2. She subsequently received her greencard. (Btw, did you mention her illegal work on the AOS application?)

3. It's time to remove conditions and you are afraid her illegal work will come up in the interview.

Does that about cover it?

If it doesn't come up, then obviously don't bring it up. You never want to offer any extra information. But whatever you do, DO NOT LIE about anything. Keep in mind that they may already know the answer to something, but will ask anyway just to see if you'll lie.

Edited January 13, 2010 by Eric-Pris

[mikelovesgracey 0]

With that being said, I wouldn't recommend people running out to work without the EAD - even though there is precedent to allow it to be "forgiven" with the conditions outlined above, you would have to pay for any lawyer/court costs if it becomes an issue and USCIS gets it in their head to deport/refuse an application...

and who needs more worries?

Right you are Bobby....and if you do have to resort to some desperate stupid decision like this, best make sure you are 100% off the books!

[mikelovesgracey 0]

It seems that people are confused. Let me see if I can clarify.

1. Before she received her greencard, she worked without an EAD.

2. She subsequently received her greencard. (Btw, did you mention her illegal work on the AOS application?)

3. It's time to remove conditions and you are afraid her illegal work will come up in the interview.

Does that about cover it?

If it doesn't come up, then obviously don't bring it up. You never want to offer any extra information. But whatever you do, DO NOT LIE about anything. Keep in mind that they may already know the answer to something, but will ask anyway just to see if you'll lie.

Yes that is all correct, except she never indicated she worked on the AOS. Thanks

[mikelovesgracey 0]

Ok so working without the EAD will not be looked upon during the interview? I was just thinking that this could present a problem when they see this. I should know this because this is my second marriage to a foreigner, just can't remember what all took place last time as that was a long time ago. Thanks again John!

Hey John you still here?

Can anyone else verify this won't become an issue at the interview? I'm not a 100% John was clear on the circumstances earlier. Thanks

Edited January 13, 2010 by mikelovesgracey

[T_and_A 3]

Yes that is all correct, except she never indicated she worked on the AOS. Thanks

Did she get her job here in US before you filed for AOS or after?

[mikelovesgracey 0]

Did she get her job here in US before you filed for AOS or after?

AOS was filed a few months after she worked there and it wasn't reported. She worked there about 5 months and during her next job did have the EAD. Thanks

[mikelovesgracey 0]

AOS was filed a few months after she worked there and it wasn't reported. She worked there about 5 months and during her next job did have the EAD. Thanks

Can anyone verify this won't become an issue at the interview? Thanks so much.

[Bobby+Umit 161]

Right you are Bobby....and if you do have to resort to some desperate stupid decision like this, best make sure you are 100% off the books!

erm - working "off the books" and not declaring it on income taxes is illegal.

It's what brought down Al Capone

Can anyone verify this won't become an issue at the interview? Thanks so much.

It won't - read the link from the lawyer I gave you

[mikelovesgracey 0]

erm - working "off the books" and not declaring it on income taxes is illegal.

It's what brought down Al Capone

Man this post is getting confusing, maybe because I'm not being clear enough. She intends on paying her taxes even though the 16th amendment is a farce, the IRS has the guns and power so no the taxes will be paid that was never an issue. What I was saying was that she never reported the job when filing the AOS.

Ok I'm going to look for your link now Bobby I didn't think it posed . but I will go double check. If not can you send it again please? And thanks again for all your help you are giving. i hope this post will help others.

It won't - read the link from the lawyer I gave you

[DouglasFiel 53]

First, the 1099 does not show when she worked just the year and the employer. Second, if they ask specifically about the dates of the work (which I doubt they will do) just be honest about it. If you use a tax transcript I am not so sure the income even shows who earned it.

I don't think anyone can comfort your nerves on this one,,, The government is not good about sharing information with other agencies and I think they will focus on the relationship bonafides,,, not, your employment. Just a thought...

Good Luck,