AOS Denied due to unauthorized employment

[TracyTN 237]

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

Edited January 12, 2007 by TracyTN

[no name 1]

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

Precisely. Why are we even bothering to wait for his EAD when apparently it's all fine & dandy to cheat your way to working?

[LaL 418]

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

actually USCIS just published a *wish list* that eases up the already light penalty (having to file a concurrent i130) for marrying outside of the 90 days. even USCIS sees room for improvement is needed.

i guess as far as following the rules, one has to do what is best for them. look at many of us who are pending after doing everything right, there are penalties for doing things wrong, and there are still penalties for doing things right.

[athena_ny 1]

I didn't consider it flaunting, just honesty. I'd get into the whole story but that's neither here nor there.

Won't happen again, didn't mean to violate the TOS.

My husband doesn't work under the table, he pays taxes. He's just not legally authorized to be employed.

Wait to flaunt your illegal acitvities, yay for you. /sarcasm

violation of the TOS...?

[athena_ny 1]

Not everyone enters on a K1 visa...some people enter legally, have the foundation of their family pass away in a preventable accident, find negligence in said person's death, and are told to get reparations they cannot leave the country. Bills still have to get paid, and that's that.

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

[blueidbill 0]

actually as I understand it, the IRS rarely ever *speaks to* USCIS. but i am not an expert.

I do not think even the people in the uscis talk to each other.we have submitted the same paperwork over and over.

[LaL 418]

actually as I understand it, the IRS rarely ever *speaks to* USCIS. but i am not an expert.

I do not think even the people in the uscis talk to each other.we have submitted the same paperwork over and over.

im sorry for you, but good point. also as seen in the other threads where an interview was cancelled and when the applicants showed up anyway they were approved!

[TracyTN 237]

Not everyone enters on a K1 visa...some people enter legally, have the foundation of their family pass away in a preventable accident, find negligence in said person's death, and are told to get reparations they cannot leave the country. Bills still have to get paid, and that's that.

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

I am well aware that 'not everyone' enters on a K1. I've been around this site a while, so I'm not that dim.

I was simply making a point about one of the things that gets 'forgiven' with marriage to a USC - going past the 90 days on a K1 - and how it seems silly to have that as a 'rule' for K1 adjusters, even though it basically holds no water.

As lal brandow said, everyone has to use their own discretion per their personal situation. But that doesn't negate the fact that people who do it 'legally' are essentially no better off than those who don't.

Edited January 12, 2007 by TracyTN

[athena_ny 1]

I agree with that. Sorry I misread what you were saying...didn't mean to do that

Not everyone enters on a K1 visa...some people enter legally, have the foundation of their family pass away in a preventable accident, find negligence in said person's death, and are told to get reparations they cannot leave the country. Bills still have to get paid, and that's that.

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

I am well aware that 'not everyone' enters on a K1. I've been around this site a while, so I'm not that dim.

I was simply making a point about one of the things that gets 'forgiven' with marriage to a USC - going past the 90 days on a K1 - and how it seems silly to have that as a 'rule' for K1 adjusters, even though it basically holds no water.

[TracyTN 237]

No worries!

[giraffemd 0]

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

For me personally...the benefit is *never having to look over my shoulder, or wondering if, and when they would find out I did something *against the rules (law) or whatever* I did it right, it took awhile, but now that it is behind me (well for a year or so anyway) I am so glad I did it by the *rules* I feel more peaceful about it now...but that is just my own take on it.

[Killer_Clown_2009 0]

Not everyone enters on a K1 visa...some people enter legally, have the foundation of their family pass away in a preventable accident, find negligence in said person's death, and are told to get reparations they cannot leave the country. Bills still have to get paid, and that's that.

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

I am well aware that 'not everyone' enters on a K1. I've been around this site a while, so I'm not that dim.

I was simply making a point about one of the things that gets 'forgiven' with marriage to a USC - going past the 90 days on a K1 - and how it seems silly to have that as a 'rule' for K1 adjusters, even though it basically holds no water.

As lal brandow said, everyone has to use their own discretion per their personal situation. But that doesn't negate the fact that people who do it 'legally' are essentially no better off than those who don't.

People who go past 90 days on their K1 visa and subsequently file an I-130/1-485 are following the "rules" and are doing things "legally".

[TracyTN 237]

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

For me personally...the benefit is *never having to look over my shoulder, or wondering if, and when they would find out I did something *against the rules (law) or whatever* I did it right, it took awhile, but now that it is behind me (well for a year or so anyway) I am so glad I did it by the *rules* I feel more peaceful about it now...but that is just my own take on it.

I totally agree about not having to wonder 'if'. I just haven't heard of many cases of a K1er going past their 90 days, or someone working w/out authorization, that had any real consequences. Then again, perhaps I've just not read enough.

Not everyone enters on a K1 visa...some people enter legally, have the foundation of their family pass away in a preventable accident, find negligence in said person's death, and are told to get reparations they cannot leave the country. Bills still have to get paid, and that's that.

Frankly, I find it ridiculous that overstaying your visa (say, arriving on a K1 and not marrying w/in the 90 days) doesn't get you some kind of penalty.

Why have the 'rules' for the K1 if they're not going to be enforced? Why not just say 'arrive in the US and marry whenever you want to, then adjust status'?

Those who marry w/in the 90 days don't breeze through while the others languish - so what's the benefit of following the 'rules'?

I am well aware that 'not everyone' enters on a K1. I've been around this site a while, so I'm not that dim.

I was simply making a point about one of the things that gets 'forgiven' with marriage to a USC - going past the 90 days on a K1 - and how it seems silly to have that as a 'rule' for K1 adjusters, even though it basically holds no water.

As lal brandow said, everyone has to use their own discretion per their personal situation. But that doesn't negate the fact that people who do it 'legally' are essentially no better off than those who don't.

People who go past 90 days on their K1 visa and subsequently file an I-130/1-485 are following the "rules" and are doing things "legally".

Once they've gone against the terms of the original visa (the K1), yes, they are doing things 'legally' and 'by the rules' to do the I 130/I 485 (but thanks for your sarcastic answer anyway!).

Yet again, my point was not about what they have done once starting the AOS process, but the fact that the 90 day 'rule' for K1ers just doesn't seem like much of a 'rule'. Just my opinion.

[kitkat1 5]

Doing some reading, I found some legal texts where it said that AOS will be denied for admitting to have worked without authorization.

Has anyone heard of any real cases where and AOS filed after marriage has been denied in those grounds?

This might help clarify:

http://www.americanlaw.com/aos.html

Unauthorized Employment, Unlawful Status or Failure to Maintain Status

Aliens who have engaged in unauthorized employment since their entry into the United States are barred from adjustment of status. However, this statutory bar does not apply to immediate relatives of United States citizens

http://www.hooyou.com/i-485/eligible.html

Unauthorized Employment, Unlawful Status or Failure to Maintain Status -- Aliens who have engaged in unauthorized employment, do not in lawful status at the time of filing of the adjustment application, or have failed to continuously maintain status for even a single day since their entry into the United States are barred from adjustment of status.

Exceptions -- This rule has several exceptions, which include:

Immediate relatives (spouses, parents and unmarried children under 21-year old) of U.S. citizens are still eligible to adjust their status;