Unauthorized employment under F-1, filing for K-1, please help!

[ChrisJane 0]

Hi VJers,

Please help with my situation as not many people have the same experience and will greatly appreciate your input!!!

1. I lived in the States with F-1 status; enrolled full time in school but meanwhile worked without authorization+ filed tax.

2. Finished my college, applied for work authorization (OPT) and got EAD +filed tax.

3. Left the States within legal status period and now applying for K-1 visa.

My questions are:

1. is ( unauthorized employment) it going to be a red flag at the interview and be a cause to deny my K-1 visa?

2. Is it considered as violating the terms of US visa (DS156, question 38) such as overstay and not enrolled in school for full time and not file tax etc.?

3. Should i put Yes or No to question 38, DS156?

if Yes and/or No, what are the proper answers and what were the questions asked by the CO?

Hope it makes sense. Thank you again in advance!

[mugumogu 18]

Hi VJers,

Please help with my situation as not many people have the same experience and will greatly appreciate your input!!!

1. I lived in the States with F-1 status; enrolled full time in school but meanwhile worked without authorization+ filed tax.

2. Finished my college, applied for work authorization (OPT) and got EAD +filed tax.

3. Left the States within legal status period and now applying for K-1 visa.

My questions are:

1. is ( unauthorized employment) it going to be a red flag at the interview and be a cause to deny my K-1 visa?

2. Is it considered as violating the terms of US visa (DS156, question 38) such as overstay and not enrolled in school for full time and not file tax etc.?

3. Should i put Yes or No to question 38, DS156?

if Yes and/or No, what are the proper answers and what were the questions asked by the CO?

Hope it makes sense. Thank you again in advance!

Unauthorized employment is a red flag, but not an automatic denial. Does the government even know about the unauthorized employment? I ask because I'm wondering if there were any consequences like revoking your visa or getting a ban from entering the US. It is considered violating the terms of a US visa. You didn't put too many details about what happened, but based on these facts, you should put 'yes'. To give you assistance on how to respond to that, you should explain more about what happened and the consequences you received (if any).

[JimVaPhuong 4,863]

I don't think it will be an issue. INA section 212 lists the reasons an alien might be inadmissible to the United States, and unauthorized employment is not among them. INA section 245 covers adjustment of status, which you'll have to apply for in the United States after entering with a K1 visa and marrying the petitioner. That section generally prohibits someone from adjusting status and getting a green card if they haven't maintained their status or if they've worked without authorization, but that section specifically doesn't apply to immediate relatives of US citizens, and the exemption also specifically applies to people who entered with a K1 visa.

I would answer "yes" to the question about whether you've violated the terms of a visa. I'd also include a sworn affidavit explaining that you worked without authorization. Give the dates when you worked, who you worked for, etc. As much information as you can remember. Be sure to mention that you filed tax returns. It shouldn't make you inadmissible, but full disclosure up front often helps to avoid delays.

Caveat: Did your employer ask you to fill out an I-9 form stating on what basis you were authorized to work in the United States? If so, what basis did you provide? If you falsely claimed to be a US citizen then that is a huge can of worms that completely changes what I said above. You'd be inadmissible for life, with no chance for a waiver.

[ChrisJane 0]

I don't think it will be an issue. INA section 212 lists the reasons an alien might be inadmissible to the United States, and unauthorized employment is not among them. INA section 245 covers adjustment of status, which you'll have to apply for in the United States after entering with a K1 visa and marrying the petitioner. That section generally prohibits someone from adjusting status and getting a green card if they haven't maintained their status or if they've worked without authorization, but that section specifically doesn't apply to immediate relatives of US citizens, and the exemption also specifically applies to people who entered with a K1 visa.

I would answer "yes" to the question about whether you've violated the terms of a visa. I'd also include a sworn affidavit explaining that you worked without authorization. Give the dates when you worked, who you worked for, etc. As much information as you can remember. Be sure to mention that you filed tax returns. It shouldn't make you inadmissible, but full disclosure up front often helps to avoid delays.

Caveat: Did your employer ask you to fill out an I-9 form stating on what basis you were authorized to work in the United States? If so, what basis did you provide? If you falsely claimed to be a US citizen then that is a huge can of worms that completely changes what I said above. You'd be inadmissible for life, with no chance for a waiver.

No there were no consequences. Work authorization upon my completing college was permitted thus i was "in status" the whole time.

The employer didn't ask to fill out an I-9 form, only needed my SSN and i didn't lie or claim to be a US citizen.

Thanks for both of your comments!