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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
13 hours ago, caliliving said:

people hate saying to do it, bc it is a grey area, but unauthorized work IS FORGIVEN when married to a USC.

It's not a gray area - it's definitely illegal. It's ignored for AOS purposes (and noting that is important here), but that also doesn't make it legal. If caught prior to AOS, they can be deported.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Transborderwife
Transborderwife

Perhaps not, but it's also not a current reason for denial as the spouse of a USC

TL2016
TL2016

You don't seem to understand what many of the previous posters have already said multiple times.    You are not applying for a CR-1/IR-1 visa.    You will be applying for "Adjustme

Tracy-->NY
Tracy-->NY

A B2 visa is for visiting and you aren't allowed to work. Even if you have a SSN as she left after a year in the US she would have abandoned her green card and you will need to reapply, submitting a n

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
3 minutes ago, geowrian said:

It's not a gray area - it's definitely illegal. It's ignored for AOS purposes (and noting that is important here), but that also doesn't make it legal. If caught prior to AOS, they can be deported.

Exactly.  The spouse should quit immediately and declare it.  At that point she should be fine 

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
54 minutes ago, geowrian said:

It's not a gray area - it's definitely illegal. It's ignored for AOS purposes (and noting that is important here), but that also doesn't make it legal. If caught prior to AOS, they can be deported.

True

Just because illegal work is forgiven for certain applicants does not make it legal in the first place. People need to realize that. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted
1 hour ago, caliliving said:

It isnt luck...overstay and unauthorized work ARE forgiven by a usc...it isnt grounds for denial (or else i wouldnt have worked). I even consulted multiple immigration lawyers prior to working. The fact is, if shes is working she can overstay dont lie aos and she will get a 10yr greencard. 

Your case is a little different from this..

OP's wife came on B-2 visa. I bet she didn't tell them she was coming here to stay. The visa category that she came under and decided to work is what makes her case a little different.

And she can be deported by ICE before that "FORGIVEN" comes into play.

 

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
10 minutes ago, IcezMan_IcezLady said:

Your case is a little different from this..

OP's wife came on B-2 visa. I bet she didn't tell them she was coming here to stay. The visa category that she came under and decided to work is what makes her case a little different.

And she can be deported by ICE before that "FORGIVEN" comes into play.

 

It doesn't matter.  Yes, she can be deported by ice but if she quits and admits it in interview, she's likely fine 

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
18 minutes ago, IcezMan_IcezLady said:

Your case is a little different from this..

OP's wife came on B-2 visa. I bet she didn't tell them she was coming here to stay. The visa category that she came under and decided to work is what makes her case a little different.

And she can be deported by ICE before that "FORGIVEN" comes into play.

 

I came on a b2 and overstayed and worked....it doesnt matter. Highly doubtful someone would show up at ur work. Also, most americans dont know visas or understand the process..most think as soon as u r married ur a citizen lol so no one asks questions..not saying its right, but beyond VJ 99% of the population have zero knowledge on visas.

I have tons of friends that all worked as well and overstayed and they all eventually got married and if worked out fime. 

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Nice that friends working illegally and overstaying their visas got away. sarcasm

Let's not try to promote that. Getting away with it does not make it right !!!!!!!!!!!!

 

Recall a conversation on this topic a few weeks ago. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, caliliving said:

I came on a b2 and overstayed and worked....it doesnt matter. Highly doubtful someone would show up at ur work. Also, most americans dont know visas or understand the process..most think as soon as u r married ur a citizen lol so no one asks questions..not saying its right, but beyond VJ 99% of the population have zero knowledge on visas.

I have tons of friends that all worked as well and overstayed and they all eventually got married and if worked out fime. 

Explaining a personal experience or what happens in scenario X should not be confused with condoning or encouraging it. Condoning illegal activities is against VJ's TOS. Let's keep that in mind as that line seems to be getting blurred the further this discussion goes.

 

It's unlikely but possible to get picked up in an ICE raid while working. It's always somebody else getting picked up...until the one time it's not. OP's best course of action is to encourage the illegal working to stop, then file for AOS + AP + EAD. Once the EAD is obtained, working is permitted again.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

MiaTher Explorer

MiaTher   73

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
Posted

I think some commenters here are misunderstanding caliliving's comments. I don't see anyone condoning working illegally, she's simply explaining that overstay AND working unauthorized are in fact forgiven when married to a USC. No, it is not ok to do it and should not be encouraged, but the fact is she will be forgiven based on her marriage. It's not like immigration says "oh no big deal" they simply FORGIVE and move on. Does anyone here even know what forgiving means? Lol. Kidding :P

And it may or may not come up at their interview; not all cases are handled the same.

 

Also OP stated his wife has a SSN and that's how she's able to be currently working, so yeah it's unlikely that ICE would even look in her direction if they showed up at her job (which is unlikely, depending on where she works anyway). But yes, it's still illegal to do so and yes she better just quit asap. 

 

I'm still confused though, OP do you spend most of your time in the US or overseas?  So many questions here... 🤔

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

**Thread closed to additional discussion in favor of another thread by the OP linked below.**

 

http://www.visajourney.com/forums/topic/630745-ir-1/

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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