Interview prep: Work, money, and crimes - AOS from J-1 spouse

[ozrock 9]

Hi all, a few questions while we prep for the interview.

 

1) Do interviewers press hard about unauthorized work? (cash / under the table work by the applicant?)

2) We just filed our taxes and I (the petitioner) am just barely over the 125% poverty line, by $200.  My work is based on graduate school ('Research Assistant'), not a very long term income. Would this be viewed as temporary work and a problem when it comes to the interview?

2) My spouse (Applicant) has no criminal record..   I (the petitioner) had a DUI about ten years ago, all sorted, no further problems, but it is a crime on my record.  A lot of the paperwork addressed to the applicant mentioned that it needs their criminal history documents.  Does any of that apply to the petitioner?

Thanks!

[geowrian 22,337]

1. Are you a USC? If so, then unauthorized work is ignored for AOS purposes of a spouse. Either way, always tell the truth. Nothing good will come from anything else. USCIS isn't the IRS, but you should file tax returns and claim all income as required by law.
2. I don't know about it being classified as "temporary" work or not, but I would suggest searching for a joint sponsor. They will look at the totality of your circumstances to determine the risk of your spouse becoming a public charge, and the ability for the government to recover funds as a result of that happening. The 125% level is only a minimum. They may ask for a joint sponsor still.
3. (Not 2 again!). No, you don't need to fill in your criminal history.

That said, please be sure to check that your spouse does not have a 2 year home residency requirement. Some J-1 visa holders have this and do not qualify for AOS until fulfilling this requirement, unless a waiver is obtained.

[ozrock 9]

Thanks thats good advice.  We just filed our taxes but left the cash off the books, pretty small amounts, $1500 max.

I'm a professional geologist and should have no problem making the 125% out of school. Even with a full-time, $10.50per hour (CA min wage) job, the 125% is within reach. Not hard to do, so I'm bothered that it we wouldn't be considered because of my current 2 jobs to get by.

No 2 year home residency requirement.

 

Has anyone taken the joint sponsor paperwork to the interview or is that something they would only take after an interview with request for additional information?

Thanks again

[geowrian 22,337]

14 minutes ago, ozrock said:

Thanks thats good advice.  We just filed our taxes but left the cash off the books, pretty small amounts, $1500 max.

I'm a professional geologist and should have no problem making the 125% out of school. Even with a full-time, $10.50per hour (CA min wage) job, the 125% is within reach. Not hard to do, so I'm bothered that it we wouldn't be considered because of my current 2 jobs to get by.

No 2 year home residency requirement.

 

Has anyone taken the joint sponsor paperwork to the interview or is that something they would only take after an interview with request for additional information?

Thanks again

Alright. Yes, that's an IRS item then, not immigration.

I hear ya, but they need to cover their butts too.

Good.

 

If you know/suspect it will be an issue, it's better to take it to the interview. If they ask for it, then you provide it and it's out of the way. Otherwise you would have to provide it later and it'll take longer. Better safe than sorry IMHO.