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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted (edited)

So, illegal work is forgiven only when AOS or if applying for CR1, IR1 or K3 is also forgiven?

Because we know overstay it's not forgiven 'automatic' if you leave the country as it is for AOS filers, you will need a waiver for that. So the same applies for working without authorization or not? - in case you left the country/applying abroad.

Edited by mrs. wife!

CR-1 Journey - California Service Center

I-130 timeline:
I-130 NOA1 - 05th Nov, 2009
I-130 NOA2 - 10th February, 2010 Yay!!!!
"Your I-130 was approved in 97 days from your NOA1 date."


NVC Journey:
02-16-2010: NVC Case # Assigned
03-31-2010: Case Complete!!
04-12-2010: Interview date assigned by NVC.
05-11-2010: Medical appointment in Rio

05-13-2010: Interview in Rio - APPROVED!!!

06-02-2010: POE in Washington DC - Finally home!

July 30, 2010 - Received the Green Card after receiving 4 welcome letters! USCIS see ya later!

2 YEARS LATER......

03-02-2012: Elegible to lift conditions
06-02-2012: Temporary GC expires

12-20-2012: Permanent GC received

6 MONTHS LATER......

06/03/2013: n400 Filled

10/22/2013: Citizenship test and oath ceremony

Posted

So, illegal work is forgiven only when AOS or if applying for CR1, IR1 or K3 is also forgiven?

Because we know overstay it's not forgiven 'automatic' if you leave the country as it is for AOS filers, you will need a waiver for that. So the same applies for working without authorization or not? - in case you left the country/applying abroad.

You're mixing things up here. AOS is Adjustment of Status, I-485 petition which is filed with USCIS. The IR/CR or K-3 are visas, for which you apply at a US consulate overseas. The underlying petition, which must first be approved before you apply for any of these visas, is the I-130....that is what is filed with USCIS.

I'm not sure what your question is though. Are you speaking of someone who was in the US, overstayed and left the country, then their spouse filed a spousal petition to bring them back? In that case, overstay is not forgiven...and bans are levied, depending on the length of overstay. Overstay and unauthorized employement is only 'forgiven' if adjusting status from the US, based on marriage to USC.

funny-dog-pictures-wtf.jpg
Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted (edited)

Thanks for your reply.

I know overstaying a visa is not forgiven when you leave the Country.

My question is.... Let's suppose you went to the US on a tourist visa, did some work without authorization, left the country (no overstaying) and applied for CR1/IR1.

At the interview, if they find out you worked illegal (no overstay, just working illegally), are you forgiven as well? Or the 'forgiven' only works when you are doing AOS (in US soil)?

Sorry if I was not clear in my question before.

Edited by mrs. wife!

CR-1 Journey - California Service Center

I-130 timeline:
I-130 NOA1 - 05th Nov, 2009
I-130 NOA2 - 10th February, 2010 Yay!!!!
"Your I-130 was approved in 97 days from your NOA1 date."


NVC Journey:
02-16-2010: NVC Case # Assigned
03-31-2010: Case Complete!!
04-12-2010: Interview date assigned by NVC.
05-11-2010: Medical appointment in Rio

05-13-2010: Interview in Rio - APPROVED!!!

06-02-2010: POE in Washington DC - Finally home!

July 30, 2010 - Received the Green Card after receiving 4 welcome letters! USCIS see ya later!

2 YEARS LATER......

03-02-2012: Elegible to lift conditions
06-02-2012: Temporary GC expires

12-20-2012: Permanent GC received

6 MONTHS LATER......

06/03/2013: n400 Filled

10/22/2013: Citizenship test and oath ceremony

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted (edited)

That's an interesting question--

Is unauthorized working forgiven when applying for a CR-1 from outside the country. I'd assume your marriage to a USC would be the overriding factor--but I could be wrong.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: AOS (pnd) Country: Romania
Timeline
Posted

your friend needs to accept the consequences of her illegal activities and start packing. she should depart voluntarily, surrender her GC to appropriate authorities on departure, and notify the immigration court her hearing is scheduled in of time/place/POE of her departure, after making sure it is recorded by the authorities there.

too many people come to USA and violate it's laws and then say "but i didn't know". those of us here legally are tired of hearing the excuses.

OMG where did you read that she got the GC? U should actually read the entire post before you respond...

01/16/2010 Sent AOS Package (I-131,I-485,I-765)

01/19/2010 Package received in Chicago, Received date on NOA

01/25/2010 Date on the back of the check with MSC number NOA Notice date

01/27/2010 Check cashed

01/28/2010 Touch on I-131,I-485, I-765 (also the notice date on biometric appt)

01/29/2010 NOA hard copies received

02/01/2010 Biometrics letter maild by USCIS

02/04/2010 Received biometric letter

02/09/2010 Biometrics done walk-in and I-765 /I-485 touched

02/12/2010 Biometric appointment scheduled

03/12/2010 Interview letter received

04/15/2010 Interview day!8:45 am the interview went well and I was told to wait for the answer 2-4 weeks

04/15/2010 3:00pm Text and e-mail- Card production ordered Status DocumentProduction/Oath Ceremony

04/16/2010 I-485 touched

04/19/2010 Welcome notice received (notice date 04/15/2010)

04/20/2010 Text msg case updated: 2nd card production ordered

04/21/2010 I-485 touched

04/22/2010 Text :Approval notice sent.Status changed to Post-Decision Activity

04/23/2010 I-485 touched

04/26/2010 Received GC (postmarked on 04/23/2010)

Filed: AOS (pnd) Country: Romania
Timeline
Posted

Your friend should get the lawyer and try to fight this. I am telling you this because while we were waiting for our interview with the lawyer that we hired he told us stories to make us understand how bad the immigration system is here and that can be in your friend's advantage...He told us about one of his clients who drove intoxicated and killed a cop...(which is alot worse than what your friend did).USCIS has tried to deport that person soo hard but they just can't do it...It is crazy, it is unbelievable,it is bad but a good lawyer makes a huge difference... and in my opinion if a murderer can fight and stay here then i defenitely think that your friend has a chance to stay here.

I still cannot understand why she used a fake SSN when people are able to get a tax ID number even if they are here illegally...and not just that it is also weird why she would admit that without trying to consult someone about the possible consequences...

I with your friend good luck and I hope that she will learn from her mistakes...

01/16/2010 Sent AOS Package (I-131,I-485,I-765)

01/19/2010 Package received in Chicago, Received date on NOA

01/25/2010 Date on the back of the check with MSC number NOA Notice date

01/27/2010 Check cashed

01/28/2010 Touch on I-131,I-485, I-765 (also the notice date on biometric appt)

01/29/2010 NOA hard copies received

02/01/2010 Biometrics letter maild by USCIS

02/04/2010 Received biometric letter

02/09/2010 Biometrics done walk-in and I-765 /I-485 touched

02/12/2010 Biometric appointment scheduled

03/12/2010 Interview letter received

04/15/2010 Interview day!8:45 am the interview went well and I was told to wait for the answer 2-4 weeks

04/15/2010 3:00pm Text and e-mail- Card production ordered Status DocumentProduction/Oath Ceremony

04/16/2010 I-485 touched

04/19/2010 Welcome notice received (notice date 04/15/2010)

04/20/2010 Text msg case updated: 2nd card production ordered

04/21/2010 I-485 touched

04/22/2010 Text :Approval notice sent.Status changed to Post-Decision Activity

04/23/2010 I-485 touched

04/26/2010 Received GC (postmarked on 04/23/2010)

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Of course your friend needs a lawyer at this point. But I am not sure that her case is lost yet. Also, I think that there is a big difference between using a SSN that you know belongs to someone else, and just making up a random number to fill in the blanks. A random number may or may not belong to anyone else, and does not rise to the level of "identity theft" from my viewpoint.

I also don't think that the "what the hell was she thinking?" posts are uncalled for. When was the last time you saw a topic that read something like: "I, or My friend, did something really stupid. Does anyone have any good after-the-fact criticism or ridicule I can use?"

Good luck to you friend.

Disclaimer: I am not a lawyer, and I have not even slept in a Holiday Inn Express in years.

[edited for a typo]

Edited by Donald-n-Analyn

donald -n- analyn

For Filipino events on the Space Coast, see our organization's web site.

2006-09-21 :: met online

2007-05-23 :: first met in Philippines

2009-03-22 :: welcome to USA, POE Detroit!!!

2009-06-13 :: married in Florida!!!

2010-03-18 :: AoS approved, no interview :-)

See our timeline for the riveting details! Good luck on YOUR journey!

Filed: Country: China
Timeline
Posted

OMG where did you read that she got the GC? U should actually read the entire post before you respond...

whatever. we're still tired of illegals abusing the system, getting caught, then coming here asking for help.

this website is all about legal immigration.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Filed: Citizen (apr) Country: Iran
Timeline
Posted

I was just curious as to what the person's mindset was as to why, after having been denied AOS and I'm assuming being told they must file an appeal or leave the country in 30 days, they chose to not do one or the other. That question has now been answered to some degree.

Obviously we have all done stupid things in our lives (myself having made some major oops) but ignoring a notice from immigration (as it appeared from the original post they had done) and simply continuing to live here illegally could have serious ramifications in the future. As to whether it would have been easier and less expensive in the long run for the person to have voluntarily left the country and applied for a CR-1 or to remain in the country and fight the deportation is no longer an issue the decision having been made clear from a later post.

As I said originally it is all water under the bridge but MAYBE someone else coming here will be in a similar situation and it will help them to decide the best course of action.

Filed: Other Country: Barbados
Timeline
Posted

I would advised your friend to not waste 12,000 on a lawyer. Use that money and start a life in her home country. It is clearly written out that any serious crime/felony will hinder your chances of getting a GC. She has a 1% chance of fighting this situation and I would be even hurt if she spent her money and still get sent back home. My heart goes out to her. I just wish she didnt say anything at the interview....they say be truthful at the interview but you have to use common sense. I know she thought she was doing the right thing but her crime falls in the line of an immidiate denial, deportion and ban. Sorry

Came to the U.S on a F1 visa January 2008

Got engaged to my USC girlfriend Dec 2008

DEC 29th 2009 Married

JAN 27th 2010 Medical completed Jan 27th

FEB 17th 2010 AOS + I-130 package sent

FEB 25th Got emails with all receipt # ( but not able to check on USCIS site)

FEB 28th Online status check available

MAR 1st Received Hard Copy of NOA's in the mail

MAR 8th Received Biometrics appointment in mail: for Mar 18th (however no updates on site or email notifications)

MAR 9th Biometrics complete via walk-in (All docs touched on USCIS site)

MAR 26th Received interview appointment (For May 6th)

APR 23rd Touched on I-130 and I-485

APR 26th Touched on all docs, EAD card production ordered

MAY 1st Advance patrol in mail

MAY 6th Interview (Request for additional information)

MAY 6th EAD in mail

June 1st (RFE mailed in)

June 28th Notice of approval on USCIS website

July 3th GREEN CARD INT HE MAIL!!!

  • 5 years later...
Filed: Other Country: Russia
Timeline
Posted

To everyone who has responded to my post, I really appreciate all your input/advice/concerns.

Honestly I am not sure what my friend was thinking and what the outcome is going to be. Her reason for not appealing on time was that she was trying to put some money together for an attorney to represent her but ran out of time. I think the attorney wanted like $4000 0r $5,000 upfront in order to appeal the case.

Honestly I fear the worst but I have to stay optimistic. She has found a really good immigration attorney and has said she can be successful in the case. I am worried but as my friend I don't want her to give up. The odds are really against her, I see it, but just have to keep hoping for the best!!

Langa,

interested in learning what was the eventual outcome?

is your friend still living in the US with her husband, or was she deported? (and hopefully her, her husband and their child are living together in a foreign country)

Filed: K-1 Visa Country: Wales
Timeline
Posted

OP has not been on this site during the last 3 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Thread closed to further comments. An update is unlikely as the OP has not been back in 3 years as previously mentioned.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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