AOS Interview Possible Issue

[F&N 7]

We have our AOS interview in about a week and we are worried and would appriciate any help or advice.

My fiance came in on a K1 visa and we got married and everything has worked out perfectly, so far. My fiance was here before we applied for the K1 visa on visa waiver program (tourist visa for 90 days) and he was not allowed to work. However, he did a few weeks of work and used his old/existing social security (that he received from a previous work visa). The employer sent out a 1099 tax form (owing $500) which my fiance has yet to file taxes for that year since he only really made a total of 5k.

The possible issue: We have our AOS meeting in about a week and we are worried that the immigration official will have this information. Does anyone know if they look into this type of information? If so, any advince on how to respond or what to say if questioned about it? Should we get an attorney (with one week to our interview)? Has anyone had this issue? Any advice is greatly appriciated.

[belinda63 3,047]

Illegal work is usually forgiven for an immediate relative of a US citizen but lying on immigration forms is not. Allow me to edit this to say I don't think it will be a problem since it did not affect his eligibility to obtain immigration benefits. Maybe someone else with experience will come along and respond.

Edited November 10, 2013 by belinda63

[F&N 7]

Do do you think they do look into tax owed? Any way we could explain it?

[Nich-Nick 3,354]

Do do you think they do look into tax owed? Any way we could explain it?

First off-- a 1099 is a statement of wages earned and never says something is owed. I susupect that the $500 is something else like the amount they withheld for taxes. That is always an estimate. If he filed a tax return on total earnings of $5k for the year, he would owe no taxes and would get any federal tax withheld by the employer back in a tax refund. Sounds like the IRS may owe him $500 instead of the other way around.

I also don't think USCIS has any authority to easily pull up IRS records. It's a big government and the various departments rarely talk to each other or share access to their information. I doubt if it will come up. If it does, tell the truth. He knew he wasn't supposed to work, so if questioned needs to admit it.

[F&N 7]

Thanks Nich-Nick. We read here on VJ that Immigration would have the authority to do an IRS background check and that really worried us. I know we have to tell the truth but really worried on what that will result on.