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

[mikelovesgracey 0]

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,

Great info Douglas and you are right the 1099 doesn't show dates, but is reported quarterly by the companies CPA I'm sure so I'm also wondering about how to deal with the dates. i agree it's best to be honest and let them see she worked without the EAD and at least be bonafide. Great info thanks again.

[john_and_marlene 162]

As I see it, not declaring that she was working when you filed the AOS does not rise to the level of material misrepresentation in this instance. It was misrepresentation, but not material. You can (and there are cases that have) lose any immigrant benefit subsequent to a material misrepresentation. To rise to the level of material misrepresentation, it would have to result in a benefit that would likely not have been granted had the truth been known. Since the adjustment cannot be denied for working without authorization if you are the immediate family member of a USC, then that threshhold has not been reached. However, had they not been the immediate relative of a USC, the exact same omission would have amounted to material misrepresentation and the permanent residence could be revoked. I don't want to give the impression that these actions are not serious, but looking at it from a purely legal standpoint, previous case law decisions have certainly rescued you in this instance.

[mikelovesgracey 0]

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

It's what brought down Al Capone

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

I don't condone working off the books, all I was saying is that if you are gonna do it that it's best to be off the books rather than 1099 and risk getting busted working out of status. Let's be honest when alot of people first get here they are low on money and alot work in some capacity whether is cleaning someones house or whatever.....just be safe is the bottom line and don't do anything illegal to jeopardize your case if you can keep from it.....like I may have done.

Bobby the link you sent is concerning AOs which we have had for a good while, I'm only worried about lifting of conditions during the interview if this can cause a red flag. Thanks

[mikelovesgracey 0]

As I see it, not declaring that she was working when you filed the AOS does not rise to the level of material misrepresentation in this instance. It was misrepresentation, but not material. You can (and there are cases that have) lose any immigrant benefit subsequent to a material misrepresentation. To rise to the level of material misrepresentation, it would have to result in a benefit that would likely not have been granted had the truth been known. Since the adjustment cannot be denied for working without authorization if you are the immediate family member of a USC, then that threshhold has not been reached. However, had they not been the immediate relative of a USC, the exact same omission would have amounted to material misrepresentation and the permanent residence could be revoked. I don't want to give the impression that these actions are not serious, but looking at it from a purely legal standpoint, previous case law decisions have certainly rescued you in this instance.

Thanks John and I totally agree with everything you have said and I read what Bobby sent so you guys are both correct, but this only pertains to AOS right? I am simply wondering if this may cause a bonafide issue during our interview or any other unforeseen issue thanks again....I will be waiting eagerly for your reply.

[john_and_marlene 162]

Thanks John and I totally agree with everything you have said and I read what Bobby sent so you guys are both correct, but this only pertains to AOS right? I am simply wondering if this may cause a bonafide issue during our interview or any other unforeseen issue thanks again....I will be waiting eagerly for your reply.

No issue. File the lifting of conditions when it's time. When we filed the lifting of conditions I used tax transcripts to show that we filed a married filing joint return. Since I was only using the return to show marriage bonafides and not employment status or income level, I only sent the first page of the transcript.

[Bobby+Umit 161]

Thanks John and I totally agree with everything you have said and I read what Bobby sent so you guys are both correct, but this only pertains to AOS right? I am simply wondering if this may cause a bonafide issue during our interview or any other unforeseen issue thanks again....I will be waiting eagerly for your reply.

To echo what John posted (nice write up btw John ) -

If it can't be used against you for the AOS, how could it be used against you for the ROC?

Remember - they are checking that you two have a bona fide marriage, and to make sure it wasn't entered into for immigration purposes only.

[mikelovesgracey 0]

To echo what John posted (nice write up btw John ) -

If it can't be used against you for the AOS, how could it be used against you for the ROC?

Remember - they are checking that you two have a bona fide marriage, and to make sure it wasn't entered into for immigration purposes only.

You guys both make a very good point and I agree with you both. I will rest my mind now and go help a few newbies.....thank you all so so very much and best of luck.

Mike

[ayawdie 0]

Most people are not interviewed for Removal of Conditions. For what its worth, I had a similar concern, and wasnt interviewed... and it was a non-issue at the initial I485 interview. Stop worrying, take it from someone who worried and ALL was A-OK.

[sh18 3]

It is really funny, coz I never worked or even considered working illegally and during my initial AOS, IO said something like "Hrm, it shows that you worked illegally". And I was like " really? where? I barely even worked as a student and when I did it was on campus...so how then?" And she mumbled something and then just skipped that subject altogether. I think she was trying to make me spill the beans: not sure why.

[mikelovesgracey 0]

It is really funny, coz I never worked or even considered working illegally and during my initial AOS, IO said something like "Hrm, it shows that you worked illegally". And I was like " really? where? I barely even worked as a student and when I did it was on campus...so how then?" And she mumbled something and then just skipped that subject altogether. I think she was trying to make me spill the beans: not sure why.

Interesting info indeed.....i should be a pro at this because its my second time goin through this process but my interview was long ago and I don't recall much.

[Gary and Alla 3,694]

If someone worked by mistake thinking they didn't need an EAD in hand and the employer filed 1099 before they received the EAD can they get their green card revoked if this information comes to light at say the final interview? It's tax time and this person thought they were off the books and nothing was being reported. Thanks so much!

So the person willingly worked illegally but didn't think it would be reported? In the past they forgave such things at the interviews, however in February of last year they changed and clarified the I-9 form to remove any confusion about K-1s working without an EAD. The new rules began being enforced in April of last year. I have not heard any reports since then. If asked about it at an interview, assume they know and DO NOT LIE about it.

Edited January 13, 2010 by Gary and Alla

[Gary and Alla 3,694]

I need to clairify something. We filed AOS and have received the green card. It's the lifting of conditions that I'm concerned about when we are interviewed next year. I'm sure they will review tax records right?

Maybe I need to update our timeline I been away for awhile.

Thanks Bobby

Sorry, I did not understand it was lifting of conditions. Not an issue. Until April of 2009 the USCIS did not enforce the ban against K1s working since the I-9 form was vague and a K-1 "nominally" (but not really) met the qualifications to work.

[Corinthians 7]

Or you could just file an ammended tax return for whatever year it was....?

[VanessaTony 3,567]

Read this

(One example - there is a case precident with the USCIS regarding this - which I don't have the link right now)

As I see it, not declaring that she was working when you filed the AOS does not rise to the level of material misrepresentation in this instance. It was misrepresentation, but not material. You can (and there are cases that have) lose any immigrant benefit subsequent to a material misrepresentation. To rise to the level of material misrepresentation, it would have to result in a benefit that would likely not have been granted had the truth been known. Since the adjustment cannot be denied for working without authorization if you are the immediate family member of a USC, then that threshhold has not been reached. However, had they not been the immediate relative of a USC, the exact same omission would have amounted to material misrepresentation and the permanent residence could be revoked. I don't want to give the impression that these actions are not serious, but looking at it from a purely legal standpoint, previous case law decisions have certainly rescued you in this instance.

I respectfully disagree. While apparently working illegally is forgiven, her violation of the K1 visa makes her subject to removal. She wilfully withheld information to obtain adjustment of status, and though the information you supplied claims she is to be forgiven for such misrepresentation, she would not have been eligible for AOS after her removal for her violation... so it's touchy.

You were "in violation status work". You were a non-resident and worked when not legally permitted to do so.

http://www.us-immigration-explained.com/im...nadmissibility/

"Removability: A person is removable if at the time of entry or at the time of Adjustment of Status, the person is inadmissible. The person could also be subject to removal if there is a violation of status, a violation of law, or a violation of the conditions of the original entry."

At the time of AOS, you were inadmissible because you violated the terms of your visa, and as such, your status.

http://immigration.lawyers.com/Deportation...-of-Status.html

"Aliens who fail to maintain proper or valid documentation such as passports, visas and border crossing cards are considered to be status violators and may be subject to exclusion, removal. Examples of status violators include:

* Aliens without any documentation

* Aliens who work without authorization

* Holders of expired passports or visas

* Nonimmigrant visa holders who intend to remain permanently in the United States

* Persons holding special permit visas or reentry permits that were improperly issued to former residents whose original residence was not lawful or whose absence was not temporary

* Holders of immediate family member visas who are later found not to be immediate family members

* Holders of visas that were obtained by fraud, fraudulent means, or the willful misrepresentation of a material fact"

http://www.justice.gov/olc/ina340.htm - Revocation of Naturalisation

"Second, revocation is available if the person procured naturalization "by concealment of a material fact or by willful misrepresentation." INA § 340(a), 8 U.S.C. § 1451 (a). (3) Denaturalization on this basis "plainly contains four independent requirements: the naturalized citizen must have misrepresented or concealed some fact, the misrepresentation or concealment must have been willful, the fact must have been material, and the naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment." Kungys v. United States, 485 U.S. 759, 767 (1988)."

So, it appears had you admitted the truth at the time of AOS you would have been approved anyway, and you would not have lied. By submitting AOS on the basis of K1 (and not spouse) you confirm that you have obeyed the rules of the K1 and you did mostly, but you did violate your status and work illegally.

So I suppose it depends. I personally would seek the assistance of a lawyer as you lied, your violated your status and you withheld information. I don't think they'll find out but I personally wouldn't want to take that risk. I think a lot of the advice mentioned is open to interpretation, including my own, so I think you need professional advice.

Edited January 14, 2010 by Vanessa&Tony

[Dakine10 5,452]

I don't condone working off the books, all I was saying is that if you are gonna do it that it's best to be off the books rather than 1099 and risk getting busted working out of status. Let's be honest when alot of people first get here they are low on money and alot work in some capacity whether is cleaning someones house or whatever.....just be safe is the bottom line and don't do anything illegal to jeopardize your case if you can keep from it.....like I may have done.

Bobby the link you sent is concerning AOs which we have had for a good while, I'm only worried about lifting of conditions during the interview if this can cause a red flag. Thanks

IMO, failure to declare income and pay taxes puts one at more risk than working without empoyment authorization. Working without the EAD may be forgiven, income tax evasion can be more troublesome if it comes up at an interview.