AOS Marriage with US Citizen

[MarioDeSousa 0]

Hi guys,

 

A google search brought me to this community. I will explain my story and situation.

 

I came to the US in Aug 2012 as a tourist under the visa waiver program (ESTA). I overstayed the allowed time.

In December 2014 I married a US born Citizen. We had a child before that in Oct 2014. Now we are trying to go through the AOS process. As we had a child my wife didn't work for last 2 years. I filed taxes for 2014 and 2015 jointly as me providing the income.

My confusion is this: As she is the one sponsoring me and as she has had no income in the last 2 years its obvious we will need a co-sponsor. Now, one agency I have gone to said that even if we get the co-sponsor it still wont work because she has had no income and me not having a work permit I don't count as a provider. 

What I wanted to know is if this information is accurate?! Having a co-sponsor who qualifies, shouldn't it be enough to do the process of AOS without problems?

 

Thank you in advance for your help.

[.yana 595]

Did you work illegally for 2 years?

If yes, you shouldn't tell USCIS about that. While it will be forgiven, making it known in advance may result in immediate case dismissal - your appeal - longer waiting time to get an approval.

[Teddy B 17,251]

2 hours ago, .yana said:

Did you work illegally for 2 years?

If yes, you shouldn't tell USCIS about that. While it will be forgiven, making it known in advance may result in immediate case dismissal - your appeal - longer waiting time to get an approval.

The bolded part is not true. Any illegal work is forgiven when married to a USC. Never lie to an immigration official about anything, that is the best way to get a denial for misrepresentation. The one thing the op does need to worry about is if he ever claimed to be a US citizen on any of the work forms or tax forms. If so, that will be a high hurdle to overcome, it would be a sure denial.

 

If you and your wife get a co-sponsor that meets the income requirements, her not working has no bearing on anything.

[Teddy B 17,251]

 

Quote

 

Worked illegally, married a U.S. citizen: Can I adjust status?

 

Unlawful employment is not a bar to adjusting status for immediate relatives of U.S. citizens

Question

I first came to the U.S. on an H-1B visa, then my visa ran out, around the time that my employer went bankrupt. I stayed in the U.S. and have been doing odd jobs for the last couple months, but I just married a U.S. citizen. She would like to help me get a green card. Someone told me that I can do that without leaving the U.S., by adjusting my status, but I also read that you're not allowed to adjust status if you've worked illegally. What can I do?

Answer

You're in luck. Marrying a U.S. citizen (assuming it's a real, not a fraudulent marriage), not only qualifies you for U.S. permanent residence, it makes you an "immediate relative." Immediate relatives enjoy a number of special privileges and exceptions under U.S. immigration law.  

Among these is that you are allowed to use the U.S.-based procedure known as "adjustment of status" regardless of the fact that you overstayed your visa and also regardless of having been employed in the U.S. without authorization. This comes from Section 245(c)(2) of the Immigration and Nationality Act.

http://www.nolo.com/legal-encyclopedia/worked-illegally-married-us-citizen-can-i-adjust-status.html

 

 

 

 

[Ryan H 3,810]

~~~Closed for review~~~

 

***Thread back open, one hijack post and several bickering posts removed and the subject matter is not to be rehashed.  Cease and desist with all bickering or Administrative Action will result; Administrative Action will also be taking for any further posts that encourage deception by omission as that will fall under the no condoning fraud provision of the TOS.***

Edited March 7, 2017 by Ryan H