Form I-485, Part 8, Items 16, 17, and 25.

[thomasbcolley]

We are answering "Yes" to Part 8, Item 16 because my spouse has worked without authorization.

We are answering "Yes" to Part 8, Item 17 because we answered yes to Item 16, and also because my spouse has overstayed her visa.

My question is regarding Part 8, Item 26 which asks if my spouse has ever committed a crime of any kind whether or not she was ever caught.

We believe we should answer "No" to Item 26, but since we answered "Yes" to Items 16 and 17, we are uncertain.

Do the answers given to Items 16 and 17 count as "crimes" or is the question in Item 26 specifically referring to crimes that have not already been addressed by previous questions?

[newacct]

No. Overstay and unauthorized work are not criminal offenses. However, if she presented a fraudulent ID to work or something like that, that could be a criminal offense.

[Johnny6751]

We are answering "Yes" to Part 8, Item 16 because my spouse has worked without authorization.

We are answering "Yes" to Part 8, Item 17 because we answered yes to Item 16, and also because my spouse has overstayed her visa.

My question is regarding Part 8, Item 26 which asks if my spouse has ever committed a crime of any kind whether or not she was ever caught.

We believe we should answer "No" to Item 26, but since we answered "Yes" to Items 16 and 17, we are uncertain.

Do the answers given to Items 16 and 17 count as "crimes" or is the question in Item 26 specifically referring to crimes that have not already been addressed by previous questions?

-Part 8 item 16 YES Item 17 YES
Item 26 NO

-Has she ever been pulled over by the police and/or given a ticket? If so, YES to item 25 and brief explanation in "additional information" part 14.

Good luck!

My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.
-12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
-12/05/2020: Biometrics appointment scheduled for December 21st 2020.