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Spouse AoS and Unauthorized Work

By coffeeandkerouac in Adjustment of Status from Work, Student, & Tourist Visas

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Usagi_tsukino Collaborator

Usagi_tsukino   89

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
39 minutes ago, Laura123 said:

Hi, 

 

I know this is old but i was wondering if you could explain a little bit more about your case.

I am in the same shoe and i am a little worried (i only 3-4 months) unauthorized employment would this affect me? 

Did they ask proof for your work or asked any questions during AOS or during interview?

 

Any feedback would be helpful since you went through the same thing. 

 

thanks a lot 

No sure what exactly you want explained. Did you claim to be a US citizen? Then you’ll never (according to today's law) get your GC if uscis finds out. If you didn’t you’ll be fine. I informed usics of all places where I worked, it was on one of the forms and I had to. I got my GC :)  I paid taxes every year and did everything i would as if i had work authorization, they knew it all.

Edited by banana_princess

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

Arb123 Explorer

Arb123   39

Posted
Timeline
Posted
3 minutes ago, banana_princess said:

No sure what exactly you want explained. Did you claim to be a US citizen? Then you’ll never get your GC if uscis finds out. If you didn’t you’ll be fine. I informed usics of all places where I worked, it was on one of the forms and I had to. I got my GC :)  

awesome thanks good for you! i did not claim that i was a US citizen. I was on legal OPT when i was working however when my card expired i worked for 3 more months thats the only thing. 

I find comfort knowing that it worked for you thats what i wanted to hear! 

Thanks again :) 

6 minutes ago, banana_princess said:

No sure what exactly you want explained. Did you claim to be a US citizen? Then you’ll never (according to today's law) get your GC if uscis finds out. If you didn’t you’ll be fine. I informed usics of all places where I worked, it was on one of the forms and I had to. I got my GC :)  I paid taxes every year and did everything i would as if i had work authorization, they knew it all.

awesome thanks good for you! i did not claim that i was a US citizen. I was on legal OPT when i was working however when my card expired i worked for 3 more months thats the only thing. 

I find comfort knowing that it worked for you thats what i wanted to hear! 

Thanks again :) 

Usagi_tsukino Collaborator

Usagi_tsukino   89

Posted
Filed: Citizen (apr) Timeline
Posted
Just now, Laura123 said:

awesome thanks good for you! i did not claim that i was a US citizen. I was on legal OPT when i was working however when my card expired i worked for 3 more months thats the only thing. 

I find comfort knowing that it worked for you thats what i wanted to hear! 

Thanks again :) 

Not a problem : ) good luck! Don't worry about this, it's not an issue at all.

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

  • 1 month later...
UncleAK Rookie

UncleAK   6

Posted
Filed: F-1 Visa Timeline
Posted
On 2/12/2018 at 8:28 AM, AJ Reddy said:

Hello, How long does it take to get mail for fingerprint appointment, i get mail for the I-797C notice of action couple of weeks ago. Also from the day of the receipt, how long will it take to get my EAD, is there any action ir process needed from my end to get that. Thank you in advance.

  • 11 months later...
WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
9 hours ago, ratatouille93 said:

Hello, I know I'm a bit late asking this but I am going through a similar issue. I have worked in the past but I'm not working without authorization now. Has your case been accepted by USICS irrespective of the work issue?

https://www.visajourney.com/forums/topic/702221-does-unauthorized-work-affect-aos-through-marriage-with-us-citizen/

 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

  • 3 months later...
Misspippin Contributor

Misspippin   2

Posted
Timeline
Posted
On 9/13/2017 at 9:37 AM, banana_princess said:

As long as she didnt claim to be a us citizen on i9 she is fine. I know a lot of people who worked without authorization (including myself, also got ssn through J1), it's not a reason to deny.

Did you work unauthorized WHILE your AOS was pending?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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