Immigration: My wife worked illegally while in the US on a J1 visa, should we disclose this on the DS-230?
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Immigration: My wife worked illegally while in the US on a J1 visa, should we disclose this on the DS-230?
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I am an American citizen. I recently filed from abroad an I-130 petition for alien relative (my wife) to move with me to the US as a permanent resident. We are currently living in Austria and applying at the US Consulate in Vienna. We have a baby born in Austria - the baby is American.
Back in 2000, when my wife was 21, she entered the US on a work exchange J1 visa. After the summer program was over she applied for a change of status from within the US and got her visa changed to a B1/B2. She then illegally worked 3 or 4 different jobs over the course of the next year working as a hotel maid and waitress. Most of the jobs were cash only (no records), but one of them did take down her SSN.
How do we disclose this in the most delicate way?
In 2005 she applied for a K1 visa in order to attend our wedding in the US. We flew in, got married, and then promptly left the US again the day after the wedding. During the application and interview for the K1, they did not ask her anything about working illegally in the US.
I know that the penalty for not fully disclosing everything is severe. We don't want to find ourselves in a situation where she is banned from the US for not telling the truth.
What we want to know is how big of a deal her illegal employment in the US was. At the time she was only 21-22 yrs old and it was 9 years ago. Can we just come forward with full disclosure? What will the reaction of of the immigration officer be? Can we just pay a fine (or maybe back taxes or something) to clear it all up? How big of a delay in her application will this cause us?
Thank you for your advice!
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Any FRAUD on an immigration related issue, can result in revocation of any immigration benefit, including naturalization.
In other words, if you DO NOT disclose a potentially disqualifying fact, and it is found out, even years later, she could find herself ordered removed from the United States. She could loose her LPR status or even citizenship.
The disclosure and possible small penalties is going to be much less severe than any FRAUD would be. |
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Sweetharttt
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Do not LIE on any of your applications as you will be found out. This would result in your application being denied and a ban being placed on your wife from entering the USA.
She was an adult that chose to live here and work illegally no matter that it was 9 years ago. |
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growing inside
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As far as I know, there is no official policy on what to do if someone was here legally but working without a permit. It would depend on your immigration officer, how lenient he felt like being. My personal opinion is do not put anything down in writing, but disclose it in the interview. That way you can say that you disclosed it, and also the immigration officer has more leeway to ignore it if he wants to |
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Qextor
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If nothing came up with the K1 visa, It's unlikely anything will come up with a K3; I imagine the process is the same thing. You might want to look around for a reputable immigration lawyer, for peace of mind. |
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immigirl
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I am in a simular situation.Came on a visitors visa and got married before my i-94 expired.We didn't have enouph money to file the paperwork right away so I ended up working without EAD.It seemed like I had to do it at the time because my husband didn't want me to not work and because we needed the money.I realize now how stupid it was and I regret it deeply so I am currently unnemployed and dont wish to work untill I get my EAD.I worked illegally for less than 6 months and at the time of the interview I wont be working.I don't know if I should own up to my actions in writing-on the forms I am about to send.Will that cauze problems for my employer and how severe?He knew that I was not eligible to work but decided to keep me anyway.He took the taxes out of every unnaproved paycheck I received and we are both planning to report the taxes.I might have to report 0 and then ammend them afterwards-I have to look into that.Could I be subject to deportation because of working illegally for 6 months?Please Help!Any help or comments are highly appreciated.Thank you,
Simona |
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