Immigration Interview

[Tigga 0]

Hi,

My Wife was here on a J-1 visa which gave her a social-security and allowed her to work. But since that her Visa expired she switched over to F-1 Status (student status) and continued to work using her social. I believe this is not a valid way to work legally. Now that we are married, we are in the process of filing for her greencard through marriage and concerned about the interview and whether or not we have to state that she worked illegally. She never filed her income taxes at the end of the year but did pay taxes through out the time that she worked. So she is not sure if she might be penalized or have complications with getting approved since that she worked illegally.

Has anyone ever been through this? I also heard that immigration might forgive this matter? Must we say that she worked?

[Darnell 8,478]

I believe this is not a valid way to work legally. You believe correctly.

[Nina~ 431]

If your wife worked part-time (20hrs) while school was in session and/or full-time (20+ hrs) during holidays at an on-campus job, then it was perfect legal. If she worked outside of school without proper authorization, such as a work permit or OPT or CPT, then it was illegal.

She might also want to look into filing an income tax return soon otherwise it might come back later to bite her in the a$$.

ETA: I worked on-campus while I was here on a F1 visa, and the IO never asked me about working during the interview. However if the IO does ask her, DO NOT LIE!!!

Edited November 10, 2011 by Nina~

[VanessaTony 3,567]

Yes it was likely illegal. Yes you have to tell them (if they know already and you don't she can get denied with a lifetime ban for lying). and Yes they will forgive it (if she's still working illegally then she should stop).

She also needs to file taxes.