AOS G325 What to list this in Employment?

[Trimble5600 0]

My fiance' is an overstay tourist visa status. She came to the USA April 2013. We will be getting married next month. I know my fiance needs to fill up G325 When we file AOS next month. G325 asks for employment history; but in this situation, I really don't know if we should even mention this or not. She goes to 2 different work places: one, as a caregiver; and the other, as an "elderly-sitter".

My fiance's aunt is employed as a caregiver from an agency. The work requires the presence of the caregiver 24/7 so there are several caregivers that rotate 12hr shifts. The aunt lets my fiance' cover for her night-shift once or twice a week whenever its her time to cover for the week. The patient is an old man with Alzheimer in a hospital. During night shift, my fiance' helps the nurse on duty to change adult diapers and make sure the old man doesn't get hurt during sleep at night(i.e. falling from the bed). The aunt collects the salary from the agency and pays my fiance' for her time of-course(the aunt is a USC and files/pay taxes yearly). Fact is, the agency doesn't know my that the aunt lets my fiance' takes the night shift so most likely the aunt might get in trouble if the agency finds out.

My fiance's mother "elderly sits" an old lady in a condo unit. The mother was referred to this old lady by her close friend to take care of her. This work doesn't involve any agency or any "middle-man". This is more like a private service deal between the old lady and the mother. So, the old lady writes a check to the mother once per week. The mother works 4 times a week from 8am-4pm, and my fiance' 3 times/wk 8am-4pm. The mother pays my fiance' for her time put in also. The mother is also a USC, but I'm not really sure if she files tax on money earned from 'elderly-sitting'.

I'm not really sure if this is even worth mentioning in the G325 because according to her, all these 6 months she made $2.5K - $3K. Does my fiance' even have to file tax from this considering the money directly came from her aunt and mom? Also, the caregiver agency doesn't even know she exists so we cant claim that agency in the G325A. What do we do? Should we just put "self-employed" on the form instead even though the money she earned came from her relatives that has been taxed already? She never used any fake id or social to do this and never claimed to be a USC. She just did this so that she can have allowance money while living with her parents. We're aware that she is not authorized to work here in the states and really don't intend on holding information about the money that she earned but we just dont know how should we list this up in her G325. Can we put her mom and aunt as the "employer" instead?
Need opinons! Thanks!

[BOS_LHR 829]

You're saying she's in the US working illegally on her (overstayed) tourist visa? If you provide her truthful employment information I don't see how this should get through immigration...

Edited November 15, 2013 by BOS_LHR

[kryzkyle 0]

hi Trimble,

first of all, if she was here on a tourist visa, she CANNOT work legally! much worse that she is out of status. that will be a big NO-NO to USCIS! those 2 immigration law violations alone will be basis for your denial!

[Trimble5600 0]

hi Trimble,

first of all, if she was here on a tourist visa, she CANNOT work legally! much worse that she is out of status. that will be a big NO-NO to USCIS! those 2 immigration law violations alone will be basis for your denial!

Thank you for your concern kryzkle. We are aware that she has worked illegaly while out-of-status. We will be getting merried next month and I am filing an I-130 along with an I-485 AOS for her. Now if you actually read the post, we will be disclosing that illegal "employment" that she did on her G325 so that we dont get denied. We are just opinions on how should we list it due to the fact that she is technically not employed by any company or firm. Once again, thank you for your reply!

Edited November 15, 2013 by Trimble5600

[sweet cakes 326]

Thank you for your concern kryzkle. We are aware that she has worked illegaly while out-of-status. We will be getting merried next month and I am filing an I-130 along with an I-485 AOS for her. Now if you actually read the post, we will be disclosing that illegal "employment" that she did on her G325 so that we dont get denied. We are just opinions on how should we list it due to the fact that she is technically not employed by any company or firm. Once again, thank you for your reply!

Hi Trimble, what they said above are true. Overstaying on a tourist visa and working illegally are both immigration offenses. No disrespect meant, but if you file for I-130 after you got married, the only possibility is that you will be denied and your fiancee will be deported. And she cannot do AOS just because she's married to a US citizen. There is a proper procedure for this and will take months/ years and with her not residing in US. Any sort of shortcuts (like what you are planning to do right now) is not feasible.

Edited November 15, 2013 by sweet cakes

[Trimble5600 0]

First of all, thank you BOS_LHR, thats what were planning to do is just be honest and not hide any information.

Ok, for the people who went through K1 visa, I really dont need your opinions here, most of you guys know nothing about AOS from this case. Sure! I guess I am making short cuts right now. My bad! I didn’t know! thanks for the advice sweet cakes. I guess I'll just put her on the plane tomorrow back to her country of origin, file K1, and get denied because she overstayed. We can also get married next month, and send her back to her country of origin, file K3, get denied too because she overstayed. Or like what you’re saying: we can get married next month, file I-130 with AOS so that in a few months she gets deported. Are there any options left? I guess we shouldn’t fall in love and marry an overstay status tourist after all. Even if shes trying to be honest with all the information she have including the "work" that she did for her AOS paper work.

Anyways, my fiance' is already an overstay status, I guess, sure! she "worked" illegaly! But *uck it! We wont be hiding it to the USCIS! We'll be honest an we'll tell em'! I'm just trying to get opinion on HOW should we list on the G325 her work based on the scenario from my original post. Oh btw, she stopped doing that "work" already!
*sigh*
I guess we'll always have Forum Trolls any site we go.

[hmh33 117]

Report it, pay the taxes, move on. AoS will be fine.

[besaangel 18]

Forgive me if Im wrong but ovestays and unauthorized employments are forgiven when immediate relatives adjust status

Edited November 16, 2013 by besaangel

[Trimble5600 0]

Forgive me if Im wrong but ovestays and unauthorized employments are forgiven when immediate relatives adjust status

Yes that is true besaangel. However, they'll problly still ask my fiance to pay taxes for that. But our problem is we still dont know what should we put in her g325 emplyoment if shes technically not employed. I'm thinking of listing it as "self-employed" but not really sure.

[RhettVoe 282]

overstaying and working without permission are not automatically forgiven by marrying some USC...best bet is to send her home before she racks up more unlawful presence, then come clean about her working at her subsequent interview.

This case is yet another example of why young single people from many countries have a tough time getting tourist visas...because of the abuse. Most people prefer to blame the unhappy consular folks, but they are not the ones violating the law....please think about this case (and thousands like it) and make the correlation between the level of abuse and why consular folks don't believe a lot of stories.

[Harpa Timsah 13,258]

If she doesn't report it then she will be in trouble for misrep/lying. She needs to report it on AOS (you want to call her self-employed?? Why not use the terms in your own OP, caregiver?). She needs to pay taxes on it. Then she will not be in any trouble with USCIS.

Edited November 17, 2013 by Harpa Timsah

[Trimble5600 0]

overstaying and working without permission are not automatically forgiven by marrying some USC...best bet is to send her home before she racks up more unlawful presence, then come clean about her working at her subsequent interview.

This case is yet another example of why young single people from many countries have a tough time getting tourist visas...because of the abuse. Most people prefer to blame the unhappy consular folks, but they are not the ones violating the law....please think about this case (and thousands like it) and make the correlation between the level of abuse and why consular folks don't believe a lot of stories.

Really RhettVoe? Send her home? Go shove this ,,l,, up your A**! Either you ask around and do more research or your just being a smart-A** forum troll! Its not like I asked my girl to come over using her tourist visa and overstay!

Thanks Harpa Timsah! We were going to put "caregiver" on the Occupation part of the Employment last 5 years. But we dont have employers name and address to list for that particular job. I guess we can put the aunt's agency name and hopefully dont get sued for it. For the 'elderly-sitter" job, we can put the old lady's name and address.