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Filed: Country: Russia
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Posted

I got married to a US citizen and he applied me for a green card. I already got work permit and we are having an interview next week. But before this, I was overstayed J1 student and been working illegally by using my SSN that indicated "valid with work authorization only" for about 2 years and a half. I even paid my taxes last year. But I said in my application that I was unemployed. My immigration lawyer told me to lie and not to say that I have ever been working since my visa got expired. All joined documents that we have are mostly under my name - he joined my saving account and so on. Obviously it looks like I've been working anyway.

1 Do they have information that i paid taxes last year from IRS?

2. This february my husband filed his taxes seperatly. We did it on purpose - so INS can't see that I work. But now I am really worried if I should lie. I've had like 10 different jobs during that period. Why my lawyer does say me to do so? Can't they check that I actually work and finally this lying will be a result of my green card rejection?

Filed: Citizen (apr) Country: Australia
Timeline
Posted
I got married to a US citizen and he applied me for a green card. I already got work permit and we are having an interview next week. But before this, I was overstayed J1 student and been working illegally by using my SSN that indicated "valid with work authorization only" for about 2 years and a half. I even paid my taxes last year. But I said in my application that I was unemployed. My immigration lawyer told me to lie and not to say that I have ever been working since my visa got expired. All joined documents that we have are mostly under my name - he joined my saving account and so on. Obviously it looks like I've been working anyway.

1 Do they have information that i paid taxes last year from IRS?

2. This february my husband filed his taxes seperatly. We did it on purpose - so INS can't see that I work. But now I am really worried if I should lie. I've had like 10 different jobs during that period. Why my lawyer does say me to do so? Can't they check that I actually work and finally this lying will be a result of my green card rejection?

To answer your questions directly:

1. Not that I'm aware of

3. yes. if caught in a lie (not saying they WILL find out, but if they do) they will reject you, and material misrepresentation (ie. signing a form with false information or providing a fake document) CAN result in a lifetime ban.

I see a few issues.

1. From my understanding, most J visas have a 2 year work requirement in your home country. Yours might not but if it DOES there's some sort of waiver doc you need (this is from what I've read)

2. If your immigration lawyer told you to lie, that's bad. He's a bad lawyer

3. Apparently, working illegally is "forgiven" if applying for a spousal visa. Your issue now is you lied on official paperwork

Posted
To answer your questions directly:

1. Not that I'm aware of

3. yes. if caught in a lie (not saying they WILL find out, but if they do) they will reject you, and material misrepresentation (ie. signing a form with false information or providing a fake document) CAN result in a lifetime ban.

I see a few issues.

1. From my understanding, most J visas have a 2 year work requirement in your home country. Yours might not but if it DOES there's some sort of waiver doc you need (this is from what I've read)

2. If your immigration lawyer told you to lie, that's bad. He's a bad lawyer

3. Apparently, working illegally is "forgiven" if applying for a spousal visa. Your issue now is you lied on official paperwork

USCIS will frown upon you lying about working more than the actual work itself, and yes, that is grounds for denial of the GC. Your current lawyer sucks and if I were you I'd get a new one ASAP to try to clear this up. I imagine that USCIS will also find it odd that you filed your taxes separately. This is one of the things they look for to prove bona fide marriage and they will probably wonder about that.

Generally illegal work is forgiven by marriage to a USC-but if they find out you were lying about it, I'm not sure what happens then.

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