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Spouse illegal work in overstay

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  • Spouse illegal work in overstay

    I met my wife at my workplace, where she was working under a J1 Visa. I quickly found that I felt something special for this girl, and we were crazy about each other soon enough. She gave me the hard news after a few months that she was in overstay on her visa and would be forced back to Russia sooner or later. We took a risk, not wanting to be away from each other, and got married promptly in December of 2007.

    1. We've sent in our I-485 packet twice and had it rejected twice, for errors in the money orders the first and second times. I notice the USCIS leaves a strip of print on the right edge of each page I send. Is it within anyone's knowledge whether or not they keep copies of forms that they reject? It seems reasonable, as they did keep the medical exam envelope.

    2. I searched through the forum and found a response to a post that suggested overstay and illegal work [U]may[U] be forgiven by the government, on conditions that are unclear to me. My spouse recently clarified to me that she worked illegally for months longer than I had originally believed: three, maybe four months total. She did this by continuing to work with the employer that she had begun to work for legally. We are considering seeking the advice of an attorney for this matter, but I value the opinions of the seasoned eyes of this forum. What steps have you seen other couples take that may have posted similar situations (looong time ago in an obscure place that I can't find) on this forum? Is it unheard of to submit the forms to the government listing work ending when it legally should have (on a G325-A, for example), or when it really did? What steps is the USCIS known to take to verify information? I don't want to lie to them, but I'm afraid that the situation and proof I have does not point to that fact very well. The truth is, we married because we both had a hunch that we'd be happy together, and we were right: nine months later, I'm afraid of being without her. Any advice would be appreciated.

  • #2
    Here is a valuable piece of advice.

    Do not lie to the USCIS, it will count against you.

    If you are unsure of what to do or how to complete your forms, consult a competent Immigration Attorney.

    Since your wife is a J1 visa overstay, I would consult with an Attorney.

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    • #3
      you definately need a good immigration lawyer. J1 visas are in most cases subject to a 2 year foreign residence requirement, which means she can not adjust status.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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      • #4
        Originally posted by PraetorianXI
        you definately need a good immigration lawyer. J1 visas are in most cases subject to a 2 year foreign residence requirement, which means she can not adjust status.
        No, in her case she was exempt from the residence requirement. I believe that is listed on her visa, or on another document if my memory isn't correct. That won't be a problem. Would you still advise an immigration lawyer for us? Is the case really so complex?

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