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  1. #1
    Join Date
    Oct 2009
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    Default F1 Married to U.S. Citizen and Working Without Authorization

    Quote Quoting goldenflowers
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    Hi,

    Thanks for the information. Surely will let you know the questions.

    goldenflowers
    hi everyone. I am F1 student. I came here with J1 visa and I get my SS#. when I changed J1 to F1 my authorization to work expired. now I dont have it so I cannot use my SS.
    I am married to US citizen. I want to apply for green card. I know I have to submit I-130 and I485 but DO I HAVE TO SUBMIT I485 SUPPLEMENT A because I am working (I am using my SS# and I do not have valid authorization)
    If I cannot use I485 supplement A do I have to submit any other form?

    Thank you for your answers.

  2. #2
    Join Date
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    Default Re: F1 Married to U.S. Citizen and Working Without Authorization

    No, you do not have to submit the supplemental I485 form. There is a note on page 1 of the instructions for I485A that states if you are the spouse of a US citizen, and you entered legally on a VISA that was NOT C1 or S immgrant VISA, you do not have to file the supplement form.

    http://www.uscis.gov/files/form/i-485supainstr.pdf

  3. #3
    Join Date
    Oct 2009
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    4

    Default Re: F1 Married to U.S. Citizen and Working Without Authorization

    thank you for your reply.
    I read this note. but I just got confused. in some parts I find that I dont have to submit this for because of the note you just recall, in other part I read that alliens who work without authorization have to use I485 supplement A.
    what will happened with my application? can they deny my green card because I am working using my SS without authorization?
    thank you.

  4. #4
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    Default Re: F1 Married to U.S. Citizen and Working Without Authorization

    I can say from experience that my wife was not denied simply because she was working illegally.

    However, it is worth asking about your tax filings? Have you been filing your tax returns correctly? Sometimes people think that if they are working illegally, they should not file returns or they will get caught. If you have W2's reported to the IRS and you did not file a tax return, that could give you problems.

  5. #5
    Join Date
    Oct 2009
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    4

    Default Re: F1 Married to U.S. Citizen and Working Without Authorization

    yes I have been filing my taxes. I have all W2. I did it by myself when i was single and last year with my husband. We have our tax man and always do taxes with him.
    So I beleive I should not have any problems and I do not have to file I 485 suplement a, right?

  6. #6
    Join Date
    Feb 2006
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    Default Re: F1 Married to U.S. Citizen and Working Without Authorization

    No, you should not have to file a supplement and I don't think you should have any problems based on what you have told me.

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