Overstayed visa and working

[blasinii 0]

I need advice please! I came to the States with a J1 visa and overstayed, adjusting my status now through marriage, I've been working the last 5 years for the same employer. Can I just put that info on the forms, I mean I should haven not been working, but I did to surive! Forms ask how long applicant has been working for the same employer?

Also what about the interview if they ask me if I've been working?

[Zen Den 18]

I need advice please! I came to the States with a J1 visa and overstayed, adjusting my status now through marriage, I've been working the last 5 years for the same employer. Can I just put that info on the forms, I mean I should haven not been working, but I did to surive! Forms ask how long applicant has been working for the same employer?

Also what about the interview if they ask me if I've been working?

who applied for your visa? how long has it been between overstay of visa and marriage? why didn't the same employer renew your visa? was it your option? unfortunately, to survive (although true) will not do come interview time.

if the work outside of the from overstay to present is not that long and there is a technical reason (not your fault but employer's) then you should be ok

[blasinii 0]

I tried to switch visas but didn't make it in the timeframe, long story, had to remove conditions from my visa. Then I move to another state and I have been working for the same employer since I got here. It was my choice to overstay rather than going back to home country So I'm concerned now about work related questions on the interview

[Darnell 8,478]

Most will tell you , to tell the truth in the interview.

If you are looking for 'other answers', you may want to review elsewhere (not here)

[Krikit 1,164]

Moving from Family-Based AOS Progress to AOS From Other Visa.

Edited November 30, 2011 by Krikit

[john_and_marlene 162]

Working without authorization when weighed against the immediate family relationship to a USC will not cause a denial. Complete the application fully and accurately.

[ceadsearc 516]

Working illegally is forgiven for spouses of USCs so long as there are no extenuating circumstances (like claiming to be a USC in order to work). Be honest about it, and make sure you are paying taxes.

[john_and_marlene 162]

Moving from Family-Based AOS Progress to AOS From Other Visa.

It is specifically the immediate family relationship that qualifies the OP to adjust and will be the reason it won't be denied based on unauthorized employment or overstay. If the adjustment was based on the J1, it would be denied for unauthorized employment and overstay.

[ceadsearc 516]

It is specifically the immediate family relationship that qualifies the OP to adjust and will be the reason it won't be denied based on unauthorized employment or overstay. If the adjustment was based on the J1, it would be denied for unauthorized employment and overstay.

The "family based visa" section is for people who came to America on a family-based visa - the K-1 or K-3. The "other visa" section is for people who came on non-family based visas initially, like the J-1, and are now adjusting status. Usually this adjustment is through family, but the "other visa" forum is still the proper one since it is based on what visa they originally entered the US on.

[Brother Hesekiel 2,236]

Like "unlawful presence" (overstay), working without authorization is not "being made an issue of" at the AoS stage and thereafter. There are two caveats, however:

1) taxes. You need to file tax returns and report your income. Not doing so is tax evasion, and while that's not directly immigration related, it's a felony and I'm sure you understand what that can lead to.

2) If you worked as an independent contractor or worked under the table, report this income via form 1099. If you worked on payroll, it's important that you did not claim to be a U.S. citizen. I doubt that you did, as you would not have been able to provide the documentation for the mandatory I-9 form.

So keep in mind, working without authorization no problem, not giving Uncle Sam and the American people their share, problem.

Edited December 1, 2011 by Brother Hesekiel

[bigdog 376]

I don't know all the facts but, no matter what you need to be truthful to the USCIS and to people on the forum to get good advise. Make sure all your ducks are in a row, taxes, what you stated how you over stayed etc.

[Dakine10 5,452]

I need advice please! I came to the States with a J1 visa and overstayed, adjusting my status now through marriage, I've been working the last 5 years for the same employer. Can I just put that info on the forms, I mean I should haven not been working, but I did to surive! Forms ask how long applicant has been working for the same employer?

Also what about the interview if they ask me if I've been working?

Was your J1 visa subject to the 2 year foreign residency requirement?