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I-485 #10 D&E : Entered legally, then lived and worked illegally - consequences?

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  • I-485 #10 D&E : Entered legally, then lived and worked illegally - consequences?

    Situation:
    My wife entered on a tourist visa 4 years ago, stayed, worked, and paid taxes.

    I-485 #10 D and E state that she is ineligible!

    Questions:
    1. Do i file the I-485 with the I-130 or wait?

    2. What will be the consequences of her working/living here for 4 years prior to the marriage and after her visa expired?

    3. Any benefit to keeping her work history off of the G-325A, Bio Info ?
    or would this make it worse?

  • #2
    Originally posted by KTF View Post
    Situation:
    My wife entered on a tourist visa 4 years ago, stayed, worked, and paid taxes.

    I-485 #10 D and E state that she is ineligible!

    Questions:
    1. Do i file the I-485 with the I-130 or wait?

    2. What will be the consequences of her working/living here for 4 years prior to the marriage and after her visa expired?

    3. Any benefit to keeping her work history off of the G-325A, Bio Info ?
    or would this make it worse?
    This immigration is not easy stuff, but a lot of us do it ourselves cause there's no complications, in which case it can be done. However, when things get a little bit more difficult, it's very recommended to get a lawyer.
    Now please note I'm not a lawyer. I-485 can be filled with different other forms and applications. When you fill it with I-130, and she becomes your immediate relative, they usually overlook the overstay and illegal working. However, don't know if she paid taxes all this time. If she did, and she has a I-94, even expired, I'd say you should go for it. I was in the same situation, overstayed almost over 1 year, and worked all this time, but paid taxes. And everything good so far, got my EAD month and a half ago, plus interview coming on the 17.
    Again, your situation might be different than mine, so do yourself a favor and DOUBLE CHECK WITH A REAL LAWYER.

    Comment


    • #3
      oh yeah, and my advise is not to lie in those forms. if they catch on somehow, u're in trouble. if she paid taxes you can't hide the fact she was working, she has w2's and stuff, right? like i said, see a lawyer, 2000$ can save u much more in the future

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