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  1. #1
    Join Date
    Dec 2007
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    3

    Post Married An Employed Overstay

    My wife and i got married 2 years ago. She has overstayed her visa for 16 years. She went to collage, got a job with the school district and has paided her taxes. I am a citizen of the US. We want to change her status using the usual documents (i.e I-130...) and do not want to hire an attorny

    The Question is this she has a SSN which states not valid for employment and several years ago she got another SSN card with her same number but without the not valid for employment statement from a "guy". She has used this card for her employment. Would we run in to any problems first with the USCIS and second with her employer?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Married An Employed Overstay

    As far as the USCIS is concerned, working illegally is working illegally. At least she's been paying her taxes.

    As she would have had to have lied to her employer about her eligibility for employment, that could come back to haunt her. I don't know how her employer would react if they found out about her lie.

  3. #3
    Join Date
    Dec 2007
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    3

    Default Re: Married An Employed Overstay

    Would the fact that she worked illegally prevent her from gaining permanent residence through marriage?


    What could we do up front to get this clear up with the USCIS?, and make the process go smoothly

  4. #4
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    Sep 2005
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    Default Re: Married An Employed Overstay

    She should be eligible to adjust her status based on marriage. Lots of people work illegally. The process can be bumpy; I wish I could guarantee you a smooth flight.

  5. #5
    Join Date
    Dec 2007
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    3

    Default Re: Married An Employed Overstay

    Thanks Mr. Knowitall you truly Know-it-all

  6. #6
    Join Date
    May 2007
    Location
    Michigan
    Posts
    19

    Default Re: Married An Employed Overstay

    Consult with good immigration attorney. They usually have more options to help people in complecated situations. It will cost you about $150 to 200 per an hour depending where you are for the initial consultation. Good luck!

  7. #7

    Default Re: Married An Employed Overstay

    I'm really glad I found this thread...

    My situation is pretty similar to MAedison's. My fiance had a student visa with a SSN with the not valid for employment statement, but went to "guy" for another one -- this one has a different SSN but has his name on it (sketchy, I know)... This was nearly ten years ago. He has been employed for the last seven years at the same employer using the fake SSN, but uses his real SSN for his credit cards, mortgage, and filing his taxes which he paid on the fake SSN (bascially he just puts his real SSN on the 1040 instead of the SSN that he is employed on).

    We are getting married in June and plan to apply for his AOS immediately. We are planning on seeing an immigration lawyer within the next couple weeks, but I'm axious and want to be prepared! Can anyone give me an indication of what sort of problems we will run into?

  8. #8
    Join Date
    Feb 2006
    Location
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    Posts
    244

    Default Re: Married An Employed Overstay

    Using a false SSN to work...my immigration lawyer told me directly that since the acquisition and use was NOT for the benefit of immigration in any way, it would not affect the adjustment of status...and it did not in our case, but you are talking about a much longer period of time in use..

    The only other part that might affect this is where immgration asks if you have been arrested/convicted of crimes....if there has been and legal type procedings based on the false SSN...or a IRS Audit/inquiry..you may have to disclose this and that would be considered...if nothing has happened, then you can honestly say no arrest/conviction and they would probably never know about it.

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