f1 AOS to get greencard through marriage

[southafrica 0]

Hi there

I came to the USA on an F1 student visa in August 2009 and shortly after I met my now fiance. We plan on getting married in South Africa in Dec 2012 but we also plan on getting civilly married in the US within the next month in order to get the AOS process started. I have a few questions:

1.) I have worked a little bit during the summer illegally due to financial hardship with my parents and I needed to be able to support myself, I have been paid my a check made out in my name. Will this be an issue? Do I need to file for taxes?

2.)I will need to file for I 131 Advanced Parole because I am going to visit my family in December 2011, will this be easily approved on the condition of wanting to see my family?

3.) Also my fiance is about to graduate nursing school and does not have a job as of yet, if her parents co sponsor and show enough funds will I be fine?

I have downloaded most of the forms that I need and I have partially filled them out as much as I can thus far. I would appreciate all the advice I can receive seeing as though immmigration attorneys are very expensive

Regards

[Harpa Timsah 13,258]

1. Illegal work is forgiven for spouses of US citizens, but yes, you need to file taxes on it.

2. Yes, AP is routinely approved.

3. Yes. Your wife will be the main sponsor (even with 0 income) and her parents (or one if them if possible) will be co-sponsor.

[immifrustration 0]

Hi there

I came to the USA on an F1 student visa in August 2009 and shortly after I met my now fiance. We plan on getting married in South Africa in Dec 2012 but we also plan on getting civilly married in the US within the next month in order to get the AOS process started. I have a few questions:

1.) I have worked a little bit during the summer illegally due to financial hardship with my parents and I needed to be able to support myself, I have been paid my a check made out in my name. Will this be an issue? Do I need to file for taxes?

2.)I will need to file for I 131 Advanced Parole because I am going to visit my family in December 2011, will this be easily approved on the condition of wanting to see my family?

3.) Also my fiance is about to graduate nursing school and does not have a job as of yet, if her parents co sponsor and show enough funds will I be fine?

I have downloaded most of the forms that I need and I have partially filled them out as much as I can thus far. I would appreciate all the advice I can receive seeing as though immmigration attorneys are very expensive

Regards

1) Yes you should file taxes and if possible file jointly with your wife after you get married, then it can be used as an evidence of bona-fide marriage. Working illegally is usually forgiven in such cases

2) I'm not sure about this one.

3) You need to meet the poverty limit posted on the USCIS site, which means its not just the amount of raw funds but also income.

[southafrica 0]

1) Yes you should file taxes and if possible file jointly with your wife after you get married, then it can be used as an evidence of bona-fide marriage. Working illegally is usually forgiven in such cases

2) I'm not sure about this one.

3) You need to meet the poverty limit posted on the USCIS site, which means its not just the amount of raw funds but also income.

ok so how long does it usually take for the AP to be approved?

With the work situation, I get paid by check and then I cash it showing my Georgia State Drivers License as ID. Does this get logged on some kind of record under my drivers license? Like can the USCIS or IRS actually track that I am being paid?

Does my work need to take taxes out my check or can I just file for them?

[Brother Hesekiel 2,236]

Working without authorization is not "being made an issue of" at the AOS stage. For all practical purposes that is like it's being "forgiven." What Uncle Sam never forgives is lying. He calls that misrepresentation, which doesn't sound good in an immigration case. If the lie is so relevant that the outcome of a case could hinge on it, that would be material misrepresentation. It carries a lifetime ban from the United States with no waiver available.

What Uncle Sam even less forgives is when the person asking to be welcomed to the United States has committed a felony while here. Tax Evasion is a felony. How will they find out? When will they find out? Is that really what you are asking? Ask yourself this question instead? How would you feel about getting your Green Card, and then, about 2 weeks later, the IRS knocks on your door and has a one-on-one with you? So how would they find out? Well, for once because you would tell them, in order to avoid sleepless nights fearing that computers do somehow store information that will eventually end your American Dream. Right?

It's not about having worked under the table. It's all about not disclosing it and not reporting the income. That would be a really bad start on your immigration journey.

[southafrica 0]

ye I totally agree with what you said. That being said, my work does not take taxes out my check, do I need them too? also what forms do I need to file?

[immifrustration 0]

ye I totally agree with what you said. That being said, my work does not take taxes out my check, do I need them too? also what forms do I need to file?

If you work as a contractor, you need to fill out the 1099 form. I would advice using a tax software like turbotax or consulting a tax professional to have your taxes done. It will save you a lot of trouble down the road.

[southafrica 0]

is filing taxes still applicable even though I have not earned more than $1500 in total?

[Lilly1 2]

If you make less than a certain amount then you are exempt from filing income tax.

Check the IRS website.

You can include a note saying you didn't make enough according to the IRS

[JimVaPhuong 4,863]

The taxes should not be an issue based on the amount of income you received. However, using the AP to leave the US may be a huge issue. It's true that working illegally will not be a factor in adjudicating your adjustment of status because you're an immediate relative of a US citizen. However, until your AOS is approved, your having worked illegally is an inadmissibility. If you leave the US and attempt to reenter using AP, and if the CBP discovers you worked illegally prior to leaving, then they'll deny you entry based on the inadmissibility.

Do you have a Social Security number? Did you provide your Social Security number to your employer?

[southafrica 0]

i dont have a social security card no, and I did not give a social security number either. I get paid in the form of cash or a check

[Bobby+Umit 161]

Is your F-1 still valid? Are you still going to classes?

[JimVaPhuong 4,863]

i dont have a social security card no, and I did not give a social security number either. I get paid in the form of cash or a check

Ok, then no record exists of your having worked in the US. Even if your employer had intended to hire you as an independent contractor they would still need your SSN or ITIN in order to properly complete a set of 1099 forms for you and the IRS.

[southafrica 0]

i am still in status on F1 visa and I am going to classes. I am being paid by check occasionally and they require my drivers license as ID for me to cash the check t the bank. Will this in anyway have an effect on me? Do I still need to mention that I have worked even though I have only worked 2 months illegally? And then do I need to file for taxes?

[southafrica 0]

how long does it take to receive AP and EAD? and is going home to visit my family for 3 weeks a valid reason for AP?