N-400 Suggestion if this strategy is full proof.

[aromeo456 0]

Hi there, thinking to apply for N400 4 years from now just to be safe as I did not work for the sponsor company before or after the GC.

 

I had many phone consultation with lawyers regarding my case and they recommended to wait another 4 years before applying for N-400 to avoid any risk. I got my GC approved on 2016 but I never worked for the sponsor firm. The RFE was issued on August and the RFE was replied on September 2016 for updated EVL and then GC was mailed in October 2016.  To make matter worst the Investment firm is going to get dissolved by end of this year. I did call them over the phone on 2017, but they replied over the phone currently no job is available. So I decided to look for something same and similar, but was un-employed. Unfortunately I was unable to find anything. Then in 2023 I started working for the E-commerce that my Girl Friend created.

 

During I-485 was pending in 2008 I worked as Credit Analyst and Research Analyst as 1099 consultant using EAD card. I don't know if that is considered as AC21.  I can try to pull up tax transcripts or pay stubs that far behind during 2009-2012. I will try to find if I can get the tax transcript, if not I can print email threads for documentation.

 

Also when I do apply in 4 years the N-400 employment history I will list Senior Financial Analyst of the E-commerce brand that my girlfriend hired me. Currently we have 5 full-time employees, consultants and looking to expand to VC investors. I believe the sponsor job description in the GC file should be Accountant.

 

 

Also, I am planning to get married with my long-time girl who is US Citizen soon. That way N-400 I will list Employment history as Financial Analyst, Marriage Certificated for over 3 years. In addition will have W2 Paystubs, Tax Transcript, Updated Offer Letter as Financial Analyst that should be similar job as an Accountant.

 

I read most times employment history never shows up. If some IO officers ask to list my employment all the way back to sponsor, which will be 12 years. I can give oral explanation about job chance and show updated similar job offer if they do ask.

 

I believe I should be fine. Just asking..

Edited May 1 by aromeo456
spelling mistake

[Boiler 45,451]

My first question is do you have a specific reason to go through the naturalisation process now, is it that desperate?

 

If it is not sure I would do it in your circumstances without a Lawyer involved.

 

Obviously there are a lot of gaps and I am filling ion your story

[aromeo456 0]

15 minutes ago, Boiler said:

My first question is do you have a specific reason to go through the naturalisation process now, is it that desperate?

 

If it is not sure I would do it in your circumstances without a Lawyer involved.

 

Obviously there are a lot of gaps and I am filling ion your story

I am not desperate to file for naturalization today, but I do want to be naturalized one day. As I mentioned in the thread I did speak with lawyer and they recommended to apply in 2028. During that period I will get married to US Citizen and have same or similar job. Until then I will renew the GC next year and then apply naturalization in 2028. That way I will be married with US Citizen over 3 years, have same or similar job like the GC on file. So that way I am fully protected just incase if the IO goes back 12 years and ask why I did not work for the sponsor company. I can mention I did not work as the company shut down and currently working as a financial analyst. Even if they don't like my answer not working for the sponsor, I am still protected as I am married to a US Citizen so they can't deport or revoke my GC. Hope that make sense. Any thoughts. That is what one lawyer have mentioned to do? Any thought.

Edited May 1 by aromeo456
edit

[OldUser 6,616]

21 minutes ago, aromeo456 said:

Even if they don't like my answer not working for the sponsor, I am still protected as I am married to a US Citizen so they can't deport or revoke my GC. Hope that make sense. Any thoughts.

My thoughts are... You are very optimistic in thinking marriage solves everything. It's not true.

 

The best case scenario - employment will never come up. But because you got GC based on employment, the chance is it may come up.

 

A slightly worse case scenario - USCIS will try to take the GC away. If succeeded, you'll have to become an LPR again and may have to go through waiver process to become admissable.

 

The worst case scenario - you will lose the status, will be ordered to leave the country and will get a forever ban for getting any immigration benefit if fraud was found.

 

Immigration benefit is a privilege, not a right. USCIS, if can prove there was fraud involved, may strip all immigration benefits and never issue them again. Marriage to a US citizen is not a silver bullet solving all problems, especially if fraud is involved.

 

I'm not accusing you of anything, just listing potential bad scenarios and their outcomes.

Edited May 1 by OldUser

[aromeo456 0]

49 minutes ago, OldUser said:

My thoughts are... You are very optimistic in thinking marriage solves everything. It's not true.

 

The best case scenario - employment will never come up. But because you got GC based on employment, the chance is it may come up.

 

A slightly worse case scenario - USCIS will try to take the GC away. If succeeded, you'll have to become an LPR again and may have to go through waiver process to become admissable.

 

The worst case scenario - you will lose the status, will be ordered to leave the country and will get a forever ban for getting any immigration benefit if fraud was found.

 

Immigration benefit is a privilege, not a right. USCIS, if can prove there was fraud involved, may strip all immigration benefits and never issue them again. Marriage to a US citizen is not a silver bullet solving all problems, especially if fraud is involved.

 

I'm not accusing you of anything, just listing potential bad scenarios and their outcomes.

Hi there, I spoke with many immigration lawyer say like 5-10 they all told me being single is the most risky given my situation. If you are married to US Citizen then can't deport you at any cost or revoke your GC. Even Illegals who marry US Citizens don't get deported. So the law very strict and protect if married with US Citizen Again all Lawyers said it will be hard to prove that I did any fraud as I had intension to work and plus if anything the employer did not hire you after you got the Green Card. Worst case I can apply for a waiver so my GC will not be revoked and apply again for citizenship. Also lawyers have said sponsor employment will never come up as in N-400 application I will be listing last 5 year employment history and I will state Financial Analyst which will be similar job as the GC file. The GC file was filed under Accountant by the sponsor.  Under US Law you are allowed to work in something same or similar even if you did not work for the sponsor. Finally if for any any reason IO officer want to check further about case they will have to hire fraud unit and call the sponsor. But if the Sponson company will be shut down this year, how can they find any proof why I did not work. Just saying I think I am pretty much covered. Also normally most times they don't go back 12 years back. Just saying this is what lawyers have recommended..

[Boiler 45,451]

15 minutes ago, aromeo456 said:

Hi there, I spoke with many immigration lawyer say like 5-10 they all told me being single is the most risky given my situation. If you are married to US Citizen then can't deport you at any cost or revoke your GC. Even Illegals who marry US Citizens don't get deported. So the law very strict and protect if married with US Citizen Again all Lawyers said it will be hard to prove that I did any fraud as I had intension to work and plus if anything the employer did not hire you after you got the Green Card. Worst case I can apply for a waiver so my GC will not be revoked and apply again for citizenship. Also lawyers have said sponsor employment will never come up as in N-400 application I will be listing last 5 year employment history and I will state Financial Analyst which will be similar job as the GC file. The GC file was filed under Accountant by the sponsor.  Under US Law you are allowed to work in something same or similar even if you did not work for the sponsor. Finally if for any any reason IO officer want to check further about case they will have to hire fraud unit and call the sponsor. But if the Sponson company will be shut down this year, how can they find any proof why I did not work. Just saying I think I am pretty much covered. Also normally most times they don't go back 12 years back. Just saying this is what lawyers have recommended..

Have you appointed a Lawyer?

 

Well hopefully not one who told you the above.

[aromeo456 0]

2 hours ago, Boiler said:

My first question is do you have a specific reason to go through the naturalisation process now, is it that desperate?

If it is not sure I would do it in your circumstanc

47 minutes ago, Boiler said:

Have you appointed a Lawyer?

 

Well hopefully not one who told you the above. 

 

Like I said in the initial thread I spoke with multiple lawyers for consultation and even showed my all my documents and all lawyer mentioned to wait 4 years is the safest bet. Get married with your Girl friend who is US citizen. If you do that you should be fine in applying. I even asked if I don't work for a sponsor is that considered a fraud. He said that is not considered fraud. Fraud is when you actually paid the sponsor to get your green card. In my case I did not do that. Some IO may not like it that you did not work for the sponsor but they can't deny your application or revoke your GC. In addition if you have marriage certificate and married with US person for over 3 years long. Then your case is lot stronger. That makes your case even strong. Also, if you list in N-400 similar job like the Labor Certificate or Perm. The lawyer said the Perm is showing as Accountant and you are working currently as Financial Analyst at an e-commerce at your Wife's firm. Then you are good because it is same or similar to the sponsor job duties. In addition to that you are applying 12 years after you got the GC.  So basically there is 95-96% chance you should get the Citizenship. Worst case they may question you if anything why you did not work for the sponsor. You just have to give oral explanation and tell the truth and that should be fine. Only way Fraud can happen if you paid the company and they can find that by hiring a fraud unit. Then only you can get denied for fraud. Not working for a sponsor company is not considered fraud.  So if anything they may further questioning why you did not work at the sponsor company. That is all. That is why all the lawyers told me to wait 4 years and then apply. That way you will get married and will have same or similar job as the Labor Certificate. That is what the lawyer have said best on the document I provided to them. Right now I am not married to US Citizen and I don't have similar job in the N-400 application. That is why they said to wait and apply. Hope that make sense

 

47 minutes ago, Boiler said:

Have you appointed a Lawyer?

 

Well hopefully not one who told you the above.

 

 

Edited May 2 by aromeo456

[OldUser 6,616]

57 minutes ago, aromeo456 said:

Hi there, I spoke with many immigration lawyer say like 5-10 they all told me being single is the most risky given my situation. 

So you're marrying because if that? It's not going to look good if USCIS ever suspects it.

 

58 minutes ago, aromeo456 said:

 Even Illegals who marry US Citizens don't get deported. So the law very strict and protect if married with US Citizen 

"Illegals" (I wouldn't use the term) do get deported. "Illegals" get stuck in limbo or go through a lot of effort getting waiver. The ones committing fraud get permanent bar.

[aromeo456 0]

I am not marrying because of this. Did you read my last reply. Lawyer reviewed my document and said best is get married and work at same or similar when filling the N-400 application. If you do both of them you will be protected at all cost. If by any chance you get denied or get RFE. We can appeal and most cases they approve your case. Hope that makes sense. Again I can apply now but best wait 4 more years so your case is lot stronger and you have 96% chance of approval. Also if read my last reply. Immigration Fraud is when you paid the sponsor. Not working for the Sponsor is not considered a fraud just not recommended so be prepared to give an answer. 

Edited May 2 by aromeo456

[TBoneTX 45,260]

We aren't lawyers here, so we can't give legal advice.

This thread borders on seeking support for a disquieting decision, thus impinging on the Terms of Service.

For these reasons, the thread is closed to further comment.  Do not restart or revisit this topic.

 

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