Will Working Have a Negative Impact on my AOS?

[zooch76 9]

Hello Everyone (again!),

I'm almost ready to submit my AOS paperwork and then got to thinking about work. I've been in the USA as a Canadian Visitor Overstay and ended up starting a business while here. Personally, I don't think it's a big deal because I created my own job and didn't exactly "steal" a job from an American but I know that the US Government thinks otherwise. But what's done is done so I need to forge ahead.

So my concern lies with anything on the AOS related to my work history and occupation. Should I use the term "Business Owner" on all the forms or just say I am not working? I don't want to lie but I also don't want to be denied my GC. I've only been overstaying for approx 8 months so I can only imagine that other, longer overstays do some sort of work while they are here. They must expect us to support ourselves somehow, right?

Has anyone else worked while in the USA with a non working visa (non H1, TN, etc) but before they received there GC or EAD? How did you word it on your application?

As always, thanks a ton!

[canadian_wife 1,822]

You should never lie on these forms, if you are working (chances are they already know anyway) you should list your occupation and duration of work honestly.

Working, although illegal (no matter how you justify it), is generally forgiven when married to a USC. Although you may expect some grief out of it

Good luck

[nab 74]

I hope you paid taxes on income earned... otherwise THAT may give you some more headaches.

[NigeriaorBust 4,087]

If you have been making money and NOT paying taxes you are in big trouble. If you have been paying taxed then it is most likely forgiven.

[zooch76 9]

The business was legally formed and licensed and began in 2010, so no taxes have been filed yet. However, I have good books and records and have always intended to pay the necessary taxes.

[nab 74]

The business was legally formed and licensed and began in 2010, so no taxes have been filed yet. However, I have good books and records and have always intended to pay the necessary taxes.

just a heads up, you may want to contact the tax dept of the state you live in and inquire how to pay your quarterly taxes... and DO that. it could keep you out of hot water wiht the state and give you paper trail to show that you had intention to pay federal taxes all along. (who is gonna pay state quarterly taxes if they dont intend to pay federal)

[Neonred 3,564]

The business was legally formed and licensed and began in 2010, so no taxes have been filed yet. However, I have good books and records and have always intended to pay the necessary taxes.

We have heard that one before

[zooch76 9]

We have heard that one before

Yeah, yeah, yeah. My point is that I have kept great records of revenue and expenses so while I haven't yet filed 2010 taxes (nobody has), hopefully they see my records and acknowledge that I am keeping legitimate records and intend to do so.

[JimVaPhuong 4,863]

The point you're missing is that taxes are paid QUARTERLY - not ANNUALLY. When people receive wages from an employer, that employer will withhold tax payments, and send them to the IRS and state tax authority on a quarterly basis. When you own your own business, YOU are required to make those quarterly tax payments. You resolve the difference between what you paid and what you are statutorily required to pay when you file your annual tax return.

Depending on your business, you may also be required to submit sales and use taxes to an agency of your state government.

To file state and federal income taxes you must have a taxpayer ID number. For a sole proprietor business, your taxpayer ID number would be your Social Security number. To file sales and use taxes you must have a resale permit from the state agency that manages those taxes. In California it's the State Board of Equalization, but the agency has different names depending on the state. Some states don't collect sales taxes at all.

I've only been overstaying for approx 8 months so I can only imagine that other, longer overstays do some sort of work while they are here. They must expect us to support ourselves somehow, right?

Umm, no. You were a visitor, and visitors don't work. They bring enough money to support themselves during their visit, and then they go home. Not only does the US government not expect you to work, they specifically forbid you from working. If they expected you to work in the US in order to support yourself then they'd also expect you to get a visa that allows you to work, and not come here with a visitor visa or entry pass. You're essentially expecting the US government to make an exception in one part of the immigration law for people who choose to break another part of the immigration law. It doesn't work like that.

There is a general requirement that applicants for AOS must have maintained their legal non-immigrant status, and must not have worked in the US without authorization. Because you are an immediate relative of a US citizen, these requirements do not apply to you. You will not be denied for either your overstay or your working in the US, but you WILL be denied if you are not truthful about either one.

[Bobby+Umit 161]

It also boils down to how many "adverse" factors you have going against you.

Too many, and you could find yourself denied.

So far, you have two, overstay, and working as a visitor. Normally, these are overlooked as shown above, but if you have some more adverse factors, you could be in for a rough ride. (think of them as being cumulative - added to a deny/no deny scale...)

Agree with the others - don't lie (misrepresent yourself) - they may not get you for overstaying and working, however, if you lie, and they catch you, they will have no issue dropping you off at the border...