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Filed: AOS (apr) Country: Canada
Timeline
Posted
5 minutes ago, Carol000 said:

Had my interview today everything good but I did admit to working with no ead and apparently my medical might be expired..is this grounds for denial?????  Spouse is usc 

Yeaaaaah you might have a problem. You worked illegally lol 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Since this is for AOS, you should have no issues with respect to illegally working as @powerpuffstated, this is forgiven for a spouse of a USC.  For the medical, if they feel they need an updated one, it should be an RFE, not a denial.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: AOS (apr) Country: Canada
Timeline
Posted
33 minutes ago, powerpuff said:

It’s forgiven for spouses of US citizens. No problems there.

That’s actually really surprising to me. I’ve always been told it’s a huge problem. 

Posted
44 minutes ago, Dashinka said:

Since this is for AOS, you should have no issues with respect to illegally working as @powerpuffstated, this is forgiven for a spouse of a USC.  For the medical, if they feel they need an updated one, it should be an RFE, not a denial.

 

Good Luck!

So what is/are the potential consequences of working with no EAD? I don't have any intention of doing so (therefore not looking for tips, lol), but I'm curious if it doesn't come up at AoS, when would it?

Posted
11 minutes ago, AW1704 said:

So what is/are the potential consequences of working with no EAD? I don't have any intention of doing so (therefore not looking for tips, lol), but I'm curious if it doesn't come up at AoS, when would it?

ROC....(if interviewed)

N400....

Any point up until Citizenship.

Remember, you'll have a different IO each time who can have their own opinions.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
17 minutes ago, AW1704 said:

So what is/are the potential consequences of working with no EAD? I don't have any intention of doing so (therefore not looking for tips, lol), but I'm curious if it doesn't come up at AoS, when would it?

I did not say it would not come up at the AOS interview, just that I agree, the spouse of a USC is forgiven for illegally working or overstaying assuming they entered the US legally (i.e. with inspection on a valid visa).  The IO may ask about it as they verify the I485 information, but who knows for certain.  Now if the OP had not disclosed they had worked illegally, then it could cause real issues as to material misrepresentation.  Also, if they entered the US illegally, then there could be issues.

 

https://www.lawyers.com/ask-a-lawyer/immigration/is-illegal-work-and-unauthorized-stay-forgiven-if-a-us-citizen-applies-for-their-spouse-in-the-us-1600310.html

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: K-1 Visa Country: Barbados
Timeline
Posted
3 hours ago, Dashinka said:

Since this is for AOS, you should have no issues with respect to illegally working as @powerpuffstated, this is forgiven for a spouse of a USC.  For the medical, if they feel they need an updated one, it should be an RFE, not a denial.

 

Good Luck!

 

3 hours ago, powerpuff said:

It’s forgiven for spouses of US citizens. No problems there.

 

1 hour ago, Misscloud said:

its forgiven if married with USC but have to disclosed from the beginning

Hello do they give u anything after the interview??? 

Filed: Citizen (apr) Country: Russia
Timeline
Posted (edited)
25 minutes ago, Carol000 said:

 

 

Hello do they give u anything after the interview??? 

When my wife had her AOS interview, the IO gave her a form letter about the no decision at that point, and also told us if approved, it would be a 2 year GC, so we would have to submit for Removal of Conditions in two years.  Keep in mind, that was 2015, so I am not sure what they do now.

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted (edited)
2 hours ago, Dashinka said:

Now if the OP had not disclosed they had worked illegally, then it could cause real issues as to material misrepresentation.

No it wouldn't since the misrep wouldn't be material. https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "The misrepresentation is only material if it led to the person gaining some advantage or benefit to which he or she may not have been entitled under the true facts." The unauthorized work by IR is forgiven per INA 245(c)(2) and INA 245(c)(8) https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

2 hours ago, K1visaHopeful said:

ROC....(if interviewed)

N400....

Any point up until Citizenship.

Nope. It wouldn't affect those applications.

Edited by HRQX
 
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