How to list illegal employment on i-485 and i-130a?

[USC-husband]

I'm a US citizen and got married to a foreign girl who entered the US legally on a visa waiver program (ESTA) but overstayed 2 years.

Before we met she worked illegally at many short term part time (lasted from days to months) house cleaning and babysitting jobs. She did this for a year working for many different families, offices who had her number and called her in for days or weeks of work. It's not clear who gave her the jobs or who the employers were specifically.

So I have 3 questions about listing these jobs on the forms:

1) When we file i-485 and i-130a all employment history has to be listed for the past 5 years. Even if she worked without authorization and overstayed her visa waiver thing, this could be forgiven when married to me, a US citizen right?

2) How should we list all these part time jobs? We have no companies or addresses that we could specify or remember. It wasn't constant ongoing employment, she had weeks or months of gaps in between the dozen different jobs. Will this be a problem for adjusting status? if there are gaps? or if the employment history is this chaotic?

3) And what will happen to the employers that we DO list (that we have addresses and company names for) that hired her illegally? Will they be tracked down? Will they get into trouble for employing someone illegally? And will they find out that WE "reported them" and then hunt us down for getting them into trouble?

Thanks for the help!

[IssaCh]

I'm a US citizen and got married to a foreign girl who entered the US legally on a visa waiver program (ESTA) but overstayed 2 years.

Before we met she worked illegally at many short term part time (lasted from days to months) house cleaning and babysitting jobs. She did this for a year working for many different families, offices who had her number and called her in for days or weeks of work. It's not clear who gave her the jobs or who the employers were specifically.

So I have 3 questions about listing these jobs on the forms:

1) When we file i-485 and i-130a all employment history has to be listed for the past 5 years. Even if she worked without authorization and overstayed her visa waiver thing, this could be forgiven when married to me, a US citizen right?

2) How should we list all these part time jobs? We have no companies or addresses that we could specify or remember. It wasn't constant ongoing employment, she had weeks or months of gaps in between the dozen different jobs. Will this be a problem for adjusting status? if there are gaps? or if the employment history is this chaotic?

3) And what will happen to the employers that we DO list (that we have addresses and company names for) that hired her illegally? Will they be tracked down? Will they get into trouble for employing someone illegally? And will they find out that WE "reported them" and then hunt us down for getting them into trouble?

Thanks for the help!

A friend of mine had the same question, the lawyer told him to list them as "odd jobs".

[newacct]

I'm a US citizen and got married to a foreign girl who entered the US legally on a visa waiver program (ESTA) but overstayed 2 years.

Before we met she worked illegally at many short term part time (lasted from days to months) house cleaning and babysitting jobs. She did this for a year working for many different families, offices who had her number and called her in for days or weeks of work. It's not clear who gave her the jobs or who the employers were specifically.

So I have 3 questions about listing these jobs on the forms:

1) When we file i-485 and i-130a all employment history has to be listed for the past 5 years. Even if she worked without authorization and overstayed her visa waiver thing, this could be forgiven when married to me, a US citizen right?

2) How should we list all these part time jobs? We have no companies or addresses that we could specify or remember. It wasn't constant ongoing employment, she had weeks or months of gaps in between the dozen different jobs. Will this be a problem for adjusting status? if there are gaps? or if the employment history is this chaotic?

3) And what will happen to the employers that we DO list (that we have addresses and company names for) that hired her illegally? Will they be tracked down? Will they get into trouble for employing someone illegally? And will they find out that WE "reported them" and then hunt us down for getting them into trouble?

Thanks for the help!

1. It's not so much "forgiven" as it doesn't matter. Illegal employment is simply not relevant to AOS in this category.
2. She should fill in as much as she can; disclose on the form that she doesn't know the address and it was self-employment, not for a company; it's okay if she doesn't know some things
3. Who knows? If they employed her as an independent contractor instead of employee, they shouldn't get in trouble. And what do you mean "hunt you down"? Are they part of the mafia or something?

[USC-husband]

And what do you mean "hunt you down"? Are they part of the mafia or something?

They've been employing a lot of people illegally, if someone with illegal status reported them, they would come back and report them also, or maybe even harm them. They are shady people, they screw others over often... We don't wanna get into a situation where the immigration people go to them and tell them that WE reported them, that my wife testified that she did work for them illegally, and get them into trouble, and then have all those other people (that we don't even know personally) who work for them lose their jobs and get deported, etc.. if u know what i mean.

[WaitedLongEnough]

They've been employing a lot of people illegally, if someone with illegal status reported them, they would come back and report them also, or maybe even harm them. They are shady people, they screw others over often... We don't wanna get into a situation where the immigration people go to them and tell them that WE reported them, that my wife testified that she did work for them illegally, and get them into trouble, and then have all those other people (that we don't even know personally) who work for them lose their jobs and get deported, etc.. if u know what i mean.

NONE OF YOUR QUESTIONS IS ANY CONCERN TO USCIS. Your concerns should be making sure you are 100% honest on the application. I have been employed by the same company since 2015, I listed them on my application.

[UScitizenFilingforspouse]

The only major issue that could come up with reporting unauthorized employment is if you worked with a SSN that is not yours, bought one off someone in some dark corner, or if she was on the books as someone else somehow. But if you were on the books as yourself (which most companies won't do) or OFF the books completely (almost always), then you are fine.

It is best to not lie. There are no reports of USCIS chasing employers for hiring someone for odd jobs. Everyone from this forum who has listed all employment accurately has come out unscathed. I can say the same of the experiences I have read on V1sa j0urn3y.

Alternatively, if she does not remember everywhere she has worked anymore, then that is different. Just provide what you remember.

I would focus your efforts on showing concrete evidence of bona fide marriage. Many have found this thread very useful to prepare their evidence for their initial AOS filing and their subsequent interview.

All the best,

USCFFS

[ConfisTati]

Unfortunately, the situation with emigrants has not yet been resolved.

[meganbe]

thanks for the info