Petitioning for mother with 10 year overstay (merged topics)

[blackeyedsusan 29]

My husband recently got his citizenship and we would like to apply for his mother. She came 10 years ago on a visitor visa and stayed in the US since then, out of status. 

 

She's had several jobs, all obviously illegal. She is scared to disclose this on the I-130 and the I-485, as she is afraid she will go to jail and the employers will be in trouble. 

 

We are trying to make her understand that we MUST disclose this on all forms. Omitting anything is not an option. She understands but she's still scared. Does anybody know what the possible consequences once USCIS finds out about her employment?

[SusieQQQ 11,586]

In practical terms, there are no consequences. She’s an immediate relative so she gets forgiven the transgression. USCIS has better things to do than go outside its remit to track down the employers.

[Boiler 45,497]

The Employers are the ones more at risk.

[JFH 12,190]

She won’t go to jail. 
 

But you are correct that she must disclose all work, even illegal work, on any forms that ask for it. 
 

It sounds worse than it is. For an immediate relative of a USC (which she is), illegal work is forgiven, as is a visa overstay. 

[Verrou 1,962]

Yes she should disclose where she worked 

[blackeyedsusan 29]

We're looking at petitioning for my husband's mother. My husband does not meet the financial requirements by himself, but together we more than meet the requirements. We always file our taxes married, filing jointly. Do I need to sign as a co-sponsor, or are the jointly filed taxes sufficient?

[aaron2020 11,651]

Your husband would file an I-864 as the petitioner. 

You would file an I-864a as a Household Member.  This will allow you to combine income with your husband to meet the financial requirements to petition his mom.

Filing taxes together is not sufficient.  You have to file an I-864a.

[blackeyedsusan 29]

15 hours ago, aaron2020 said:

Your husband would file an I-864 as the petitioner. 

You would file an I-864a as a Household Member.  This will allow you to combine income with your husband to meet the financial requirements to petition his mom.

Filing taxes together is not sufficient.  You have to file an I-864a.

Okay thank you. So just to clarify, the requirement is for the household income, correct? Neither of us makes enough on our own, but combined we're fine.

[aaron2020 11,651]

1 hour ago, blackeyedsusan said:

Okay thank you. So just to clarify, the requirement is for the household income, correct? Neither of us makes enough on our own, but combined we're fine.

As husband and wife, it's best for the petitioning spouse to file the I-864 and the other spouse to file the I-864a.  Some consular posts will required both.  Some consular posts will not require the other spouse to file the I-864a.

 

By filing the I-864 and I-864a, the couple can combine income to sponsor the intending immigrant.  

By combining income, you'll be fine. 
 

[blackeyedsusan 29]

We are getting ready to petition for my husband's mother. I have several different questions so I'll try to remain clear.

 

1) She's worked illegally in the US for the past ten years, getting paid "under the table." Will there be any IRS involvement once we disclose this to USCIS? To my knowledge she has kept no record of her income. 

 

2) Do we send in the I-864, Affidavit of Support, along with the I-130? Or do we give that at the interview?

 

3) She wants to adjust status along with filing the petition. Can we send the I-485 and the I-130 along in the same envelope?

 

4) She lives in a different state than us. Will she and my husband have to appear together for an interview, or will they be conducted separately in our own states?

 

5) We also plan to petition for his father in the future. Will we need to wait until his mother's case is resolved?

 

I thought I was done with USCIS after my husband's citizenship. But, here we go again!

[payxibka 10,045]

29 minutes ago, blackeyedsusan said:

We are getting ready to petition for my husband's mother. I have several different questions so I'll try to remain clear.

 

1) She's worked illegally in the US for the past ten years, getting paid "under the table." Will there be any IRS involvement once we disclose this to USCIS? To my knowledge she has kept no record of her income. 

 

2) Do we send in the I-864, Affidavit of Support, along with the I-130? Or do we give that at the interview?

 

3) She wants to adjust status along with filing the petition. Can we send the I-485 and the I-130 along in the same envelope?

 

4) She lives in a different state than us. Will she and my husband have to appear together for an interview, or will they be conducted separately in our own states?

 

5) We also plan to petition for his father in the future. Will we need to wait until his mother's case is resolved?

 

I thought I was done with USCIS after my husband's citizenship. But, here we go again!

4.  Your mom is the applicant. Its her interview,  your husband is not involved in that part

[blackeyedsusan 29]

11 minutes ago, payxibka said:

4.  Your mom is the applicant. Its her interview,  your husband is not involved in that part

So my husband won't be interviewed, even though he is the petitioner?

[payxibka 10,045]

Just now, blackeyedsusan said:

So my husband won't be interviewed, even though he is the petitioner?

No.  Petitioner isn't a party to the i485.

[payxibka 10,045]

1.  I don't believe any information is shared

2.  I485 not the i130

3.  Yes

5.  You can petition for the father any time.   No need to wait.

[Boiler 45,497]

How did she enter.