i'm totally lost - please help me!

[Harpa Timsah 13,258]

Yep. False. He is in the US already. She has been given good advice.

[ceadsearc 516]

Hello, I have been on VJ for only a few months, but from what I seen no matter what you do he is going to get the ban, he overstayed for over 2 years. If I am wrong I look for solid evidence of that. I hate to be the bearer of bad news, but I believe you need more experienced members to help you. Good luck and I wish you both well.

P.S. Where is Loto, sure wish he were here, he would know!

OP got advice from very experienced members, it looks like. He is an overstay on a visa, NOT visa waiver, and he is still in the US. So as long as they get married and file the 130 and 485 to adjust from within the US there is no reason he should get a ban. If he leaves the US, yes, he will get a ban. OP, the advice you received about marrying and filing for AOS is correct. Like everyone else said, though, don't bother with the AP. (We did, because it was free and our lawyer did the paperwork, but it's useless and my husband can't use it because of his overstay.)

[coraliesolms 47]

Yes, his overstay will be forgiven AS LONG AS HE STAY IN THE US!!!! If he leaves, it will immediately trigger that evil 10year ban.

Get married, like on FRIDAY and start the AOS procedure

Good luck!

[Spades323 1]

hi all. i'm new to this site, new to the process, new to this situation, really....

my fiance and i met in Februrary (2010) and fell in love quickly. there is no doubt in my mind we were "meant to be." we were engaged by may 4. we're planning a wedding celebration this coming may (2011), but getting very nervous/frustrated with his current status/situation.

ion came here from moldova in november 2007 on a b1/b2 visa that expired in february 2008. but he stayed and worked. he tried to extend his visa to attend college, but ultimately the school told him they couldn't do it. so he continued working instead. he mostly was paid (sporadically) under the table, but did have some earnings that were reported under his business tax id number (though he hasn't paid any taxes that we know of - which is another whole can of worms that we're looking into ). he told me that before we met, he didn't care if he was caught and had $1200 in his account at all times to buy a ticket home if necessary. but now all of that has changed, and he wants to stay here and be a legit resident of the US.

he left his job in april because his boss owes his ~$11K (told you it was sporadic)!! he immediately started at a new place doing similar work and actually getting paid.... but that soon changed.... now that boss owes him several grand as well. we have no official/legal right to fight for that money (that we know of) and we are both sick and tired of people taking advantage of him. he is way too smart and talented for this kind of treatment, despite his poor choices in overstaying his visa.

a few months ago, we spoke to an immigration lawyer who indicated that because he is here in the US and overstayed his visa, he will not be able to file the more commonly used K1 visa.... if he leaves the country to get it, he will receive a 10yr ban. we DEFINITELY do not want that! anyway, we are not at all able to financially support a trip to moldova for him, let alone both of us. instead, we have to wait until we marry, then file for a waiver (i think) to adjust his status and get a temporary green card. that is supposedly the only way to get his overstay "forgiven". then, of course, we have to prove that we are truly in love.

i hope this is all making sense... as i said i am new to all of this, and feeling very confused/overwhelmed!!

i am looking for any advice as to whether we should go ahead and get married now to expedite the process of bettering the situation (and still do our fabulous wedding celebration in may, of course - i am NOT giving that up ). please, please lend me your expertise and advice!! thank you in advance!

Hi,

i am in the Human Resources field and i know a bit about the Labor Laws, working, working standard and working illegally. As long as work is performed he must be paid... Although he is an undocumented worker he is entitled to the same protection and Fair Labor Standards (FLSA) laws as any citizen. He can actually file a complain with the Department of Labor (DOL) for unpaid wages... i am 100% sure he will get the money he is owed... Actually his past employer may face legal issues with this regards.. Don't be scared that he worked illegally or not. i believe his ex employers know his situation and they are thinking they can get away with free labor.. Please, go get the money.. YOU NEED IT and it is totally legal..

[katgrl 14]

Hi,

i am in the Human Resources field and i know a bit about the Labor Laws, working, working standard and working illegally. As long as work is performed he must be paid... Although he is an undocumented worker he is entitled to the same protection and Fair Labor Standards (FLSA) laws as any citizen. He can actually file a complain with the Department of Labor (DOL) for unpaid wages... i am 100% sure he will get the money he is owed... Actually his past employer may face legal issues with this regards.. Don't be scared that he worked illegally or not. i believe his ex employers know his situation and they are thinking they can get away with free labor.. Please, go get the money.. YOU NEED IT and it is totally legal..

I was wondering if this would be the case...OP I would highly suggest consulting someone about this because I would also think the employer would be liable to pay. Besides that, working while unauthorized in overlooked in the eyes of immigration when adjusting status based on marriage if you are concerned about this part of it. At any rate, you should definitely talk to someone experienced in this regard. Best of luck!

[Minya's wife 24]

Hi,

i am in the Human Resources field and i know a bit about the Labor Laws, working, working standard and working illegally. As long as work is performed he must be paid... Although he is an undocumented worker he is entitled to the same protection and Fair Labor Standards (FLSA) laws as any citizen. He can actually file a complain with the Department of Labor (DOL) for unpaid wages... i am 100% sure he will get the money he is owed... Actually his past employer may face legal issues with this regards.. Don't be scared that he worked illegally or not. i believe his ex employers know his situation and they are thinking they can get away with free labor.. Please, go get the money.. YOU NEED IT and it is totally legal..

Not sure that given his current undocumented status in the US, in addition to his 2+ year overstay, he should be rocking the boat by demanding his wages from work he wasn't allowed to accept and perform in the first place. IMO, he should take care of legalizing his residency first, and then file the complaint with DOL. Once he files the DOL complaint his unauthorized work will become part of his record, and a declaration of such will have to be made with his AOS, which may not be a good thing for approval of said adjustment of status.

I don't know much about the rate of success with such complaints....but I really wonder how 'he will get the money he is owed' from a small mom-n-pop company. If he was working (under the table) as stated, how could a simple complaint lead to his boss(es) forking over the 10+ grant they owe him?

Edited December 16, 2010 by Minya's wife

[juliava 80]

Not sure that given his current undocumented status in the US, in addition to his 2+ year overstay, he should be rocking the boat by demanding his wages from work he wasn't allowed to accept and perform in the first place. IMO, he should take care of legalizing his residency first, and then file the complaint with DOL. Once he files the DOL complaint his unauthorized work will become part of his record, and a declaration of such will have to be made with his AOS, which may not be a good thing for approval of said adjustment of status.

I don't know much about the rate of success with such complaints....but I really wonder how 'he will get the money he is owed' from a small mom-n-pop company. If he was working (under the table) as stated, how could a simple complaint lead to his boss(es) forking over the 10+ grant they owe him?

+1

[ionsnewwife 0]

Yes, his overstay will be forgiven AS LONG AS HE STAY IN THE US!!!! If he leaves, it will immediately trigger that evil 10year ban.

Get married, like on FRIDAY and start the AOS procedure

Good luck!

that is probably what we're going to do!! we're headed to get our license this afternoon!!

Hi,

i am in the Human Resources field and i know a bit about the Labor Laws, working, working standard and working illegally. As long as work is performed he must be paid... Although he is an undocumented worker he is entitled to the same protection and Fair Labor Standards (FLSA) laws as any citizen. He can actually file a complain with the Department of Labor (DOL) for unpaid wages... i am 100% sure he will get the money he is owed... Actually his past employer may face legal issues with this regards.. Don't be scared that he worked illegally or not. i believe his ex employers know his situation and they are thinking they can get away with free labor.. Please, go get the money.. YOU NEED IT and it is totally legal..

thank you for your insight!! we will definitely be looking into the labor laws ASAP!!

[ionsnewwife 0]

I was wondering if this would be the case...OP I would highly suggest consulting someone about this because I would also think the employer would be liable to pay. Besides that, working while unauthorized in overlooked in the eyes of immigration when adjusting status based on marriage if you are concerned about this part of it. At any rate, you should definitely talk to someone experienced in this regard. Best of luck!

any suggestions as to who we should speak to? i am very concerned about any "unpaid taxes" (as are my parents) and we would like to get some answers on that too, as soon as possible. i put a call in to my dad's accountant but no reply yet...

[ionsnewwife 0]

Not sure that given his current undocumented status in the US, in addition to his 2+ year overstay, he should be rocking the boat by demanding his wages from work he wasn't allowed to accept and perform in the first place. IMO, he should take care of legalizing his residency first, and then file the complaint with DOL. Once he files the DOL complaint his unauthorized work will become part of his record, and a declaration of such will have to be made with his AOS, which may not be a good thing for approval of said adjustment of status.

I don't know much about the rate of success with such complaints....but I really wonder how 'he will get the money he is owed' from a small mom-n-pop company. If he was working (under the table) as stated, how could a simple complaint lead to his boss(es) forking over the 10+ grant they owe him?

my dilemma exactly. at any rate, we definitely won't be pursuing that $ until he gets a green card. on the the bright side, there are others that worked in the same shop and had a similar situation, who, when they received their green card, went back to the guy and demanded their money. and he paid up. so we both have our fingers crossed that the same will happen for us. we shall see... thanks for your input!!

[katgrl 14]

any suggestions as to who we should speak to? i am very concerned about any "unpaid taxes" (as are my parents) and we would like to get some answers on that too, as soon as possible. i put a call in to my dad's accountant but no reply yet...

I'm not sure exactly who you will want to talk to regarding the unpaid income. But I'd start with a lawyer who specializes in labor cases. Some immigration lawyers will do a $100 consultation, so maybe another type of lawyer would do this. Also, you mentioned that other co-workers went back and got their pay after they received their green cards. See what they did. An accountant can help you with the unpaid taxes. I'm assuming he didn't work with someone's SSN, rather he was paid in cash. It's not the working while unauthorized that's the problem since he will be doing a marriage-based adjustment. Just make sure to disclose all employment on your immigration forms. There have been discussions on this in this forum. Sorry I don't have time to look them up for you! Good luck!

[Estrellalin 0]

I'm not sure whether the information that everybody offered were 100% correct...

Because he did overstay and more importantly he worked under the table...I had friends worked under the table and nearly got deported because of that...

I'm not saying what i say is right either...

I really suggested you to find a lawyer and let the lawyer takes care of it...

it really is case by case after all...

Good luck!!

[Harpa Timsah 13,258]

Sigh. He is currently deportable, but once he gets his AOS application accepted, then he will begin a new period of authorized stay and when his GC is approved then the overstay and illegal work will be irrelevant/forgiven. Those factors are not relevant in approving or denying an AOS case. Please don't post ideas or opinions, but facts.

Let me repeat this and hope it goes to bed now.

OVERSTAY AND ILLEGAL WORK ARE IRRELEVANT/FORGIVEN FOR IMMEDIATE RELATIVES OF US CITIZENS WHO ARE ADJUSTING IN-COUNTRY.

That doesn't mean you should do it. But he already did it, so we should advise accordingly.

Edit: While each decision IS case by case, there are certain rules that the IOs follow. It is not random or based on their mood that day. The above is a rule.

Edited December 17, 2010 by Harpa Timsah

[juliava 80]

Sigh. He is currently deportable, but once he gets his AOS application accepted, then he will begin a new period of authorized stay and when his GC is approved then the overstay and illegal work will be irrelevant/forgiven. Those factors are not relevant in approving or denying an AOS case. Please don't post ideas or opinions, but facts.

Let me repeat this and hope it goes to bed now.

OVERSTAY AND ILLEGAL WORK ARE IRRELEVANT/FORGIVEN FOR IMMEDIATE RELATIVES OF US CITIZENS WHO ARE ADJUSTING IN-COUNTRY.

That doesn't mean you should do it. But he already did it, so we should advise accordingly.

Edit: While each decision IS case by case, there are certain rules that the IOs follow. It is not random or based on their mood that day. The above is a rule.

+1, Harpa! Very well said!

[ionsnewwife 0]

hi all!

firstly, thank you for your advice!! i am no longer ion's "future" wife, i am his CURRENT wife!! ion and i got married in a small ceremony on new year's eve.

so here's the thing: we are now wading through the immigration paperwork and trying to determine whether we should report that he has been working in the 3+ years he's been here. he has not paid taxes, but he does have an ITIN and an EIN. we don't know yet if his former or current boss have reported paying him or not, but we weren't able to access any tax transcripts online in the years he's been here. my accountant is unsure about what to do in the immigration context. a moldovian lawyer and all of ion's friends/family who have been through this say he shouldn't/doesn't have to report his income or that he's been working if he hasn't paid any taxes, esp since my income alone is over 125% of the poverty line. but i've always thought "honesty is the best policy" and i believe we should own up to him working all this time. i don't want to have either of us "lying" on our forms or in our interviews.

what do you all think? we're thinking about consulting with an american immigration lawyer as well, but $$ is so tight for us right now, esp with filing the papers... advice, please?!

thanks again!

meridian