Explanation for Overstay and Unauthorized Work

[Tommi 0]

Hi guys, I am currently applying for AOS concurrent filing with i-130 from my husband, a US citizen. My grace period just ended last month from my F-1, and in the past year I have done some work without a proper CPT…My question is what would be the best way to explain these violations on the i-485 form? (ref: page 10, part 8, 16&17) There’s part 14 that requires me to write explanations and I’m not sure what would be the approach for this. Thank you all in advance.

[azblk 338]

what kind of work? more important what did you put on i-9 for those jobs? Generally immediate relatives of USC wont get in trouble for working illegally .

Edited May 11, 2018 by azblk

[Tommi 0]

It's self employed actually. We never had i-9..

[azblk 338]

7 minutes ago, Tommi said:

It's self employed actually. We never had i-9..

Just right an honest explanation. Since you are the spouse of a US citizen unauthorized work is not gating.

[Tommi 0]

Thank you. My lawyer is advising to include my tax return to show that have paid taxes (which I have)...I'm not sure if that's necessary, and if I filing recently would pose a concern.

[azblk 338]

15 minutes ago, Tommi said:

Thank you. My lawyer is advising to include my tax return to show that have paid taxes (which I have)...I'm not sure if that's necessary, and if I filing recently would pose a concern.

What are his/her reasons for that? Personally i don't see any reason for that unless as evidence of bonafide relationship if you filed together.  I can not think of any reason to be concerned though i think it is unnecessary.

[EM_Vandaveer 2,417]

No explanation is necessary. As long as you did not lie about working (put it on the forms, if asked, talk about it at the interview), you don't have anything to worry about.

[KeratNY 76]

I just went through this. I checked "yes" to unauthorized employment (you have to be honest), and my description was simply "I had to work to survive." No problem. You should not include your own tax return that has no positive impact on your application UNLESS you have 10 years of US tax statements to show