Beamsy

Im a UKC in USA for past 8 years. I have been working but no proof of me working to my knowledge hence ive never filed tax returns.

im getting married soon and want to know any information. i know the steps i need to take. i have spoken to a couple of lawyers and did say i should be ok but theres always risks.

any information given is welcome.

im freaking scared thats why i waited so long.

she also has a kid.
i have a sponsor too.

slummymummy

I did read recently about some British girl being denied AOS from VWP because she had overstayed her VWP. But there are also many more cases which succeed. Which state do you live in? Apparently there can be differences from area to area. I think someone in NY who successfully did AOS from VWP recently said "they always forgive overstays". And if there is no record of you working it might be a good idea not to volunteer that information.

Good luck...

Beamsy

colorado

slummymummy

Ok. I'm not an expert but maybe someone else will know about that area. I might try googling for you later if I have nothing better to do!

ian-mstm

This is pretty much a duplicate thread from the USA forum.

Ian

ian-mstm

Once you're married, your USC wife will be your sponsor. Your USC wife must be your sponsor.

Ian

Beamsy

ok, then file the i-130 etc etc. now i can get medical records & police report(not a pinch of anything) to help me out which costs $200 if i need it?

Michael

Because of your overstay, you should use an immigration lawyer. It is not recommended to "do it yourself" as the lawyer can coach you as to the best way to proceed, the best way to handle the interview, and make sure that everything is filled out correctly. The last thing you need is a possibility of more problems.

country_canuck

You don't need a police report on AOS unless you had issues with the law and had been arrested. Then you need all the supporting court records, police reports etc.

You will need a medical by an approved civil surgeon.

You will also need to get a current passport.

Make sure that your taxes have been filed for all 8 years that you have been here, if your income is enough to require filing, see IRS minimum income.

You do NOT need a SSN to file taxes. The IRS will take anyone's money no questions asked! ;-)

Michael

I'm not sure that is best advice since he has been working illegally. A lawyer should indicate the best way to proceed to try to guarantee the best chance of success.

Noorah101

The OP does not need a current passport. Having a current passport is not an AOS requirement. He only needs a current passport if he's planning to travel outside the USA *after* he gets his green card safely in hand.

Rene

Noorah101

That's not an excuse for not filing tax returns. Even cash money earned illegally under the table should be reported.

There isn't any more information other than this, that we can give. You will be getting married. You say you know the AOS process. The lawyers have given you correct information.

What exactly do you need to know, besides the odds of being successful (which no one here can possibly predict)? Can you be more specific?

Unfortunately, waiting so long is what's put you in this predicament. If you had adjusted status way back when you first arrived, you would have had a higher chance of success. Even better, if you had not overstayed at all, but had gone home and done a K-1 visa, or gotten married and then gone home and done an Immigrant Visa, you'd have avoided all this as well.

Whatever you do, don't leave the USA now, as you'll incur a 10 year ban. If you're going to leave the USA, let USCIS be the ones to remove you.

Rene

Beamsy

i aint going anywhere. i know ill get accepted and i dont foresee any problems. it risky i agree. thats why i havent done it because right now im safe. im the most honest hard working family man you'll know. not got a criminal record, avoids confrontation.

but that dont matter.

ill look into filing back taxes and try to work a way and see how much i owe irs. ill have to obviously get an ITIN number to file taxes too.

a lawyer will be consulted with and ill take it form there.

md95065

While I completely agree that the OP should definitely consult with an attorney, I do believe that he will, in the end, need to file tax returns. The IRS requires you to report all income (specifically including illegal income) so, while working in the US illegally is bad, failing to pay taxes on your illegal income makes it even worse - just ask Al Capone ...

ian-mstm

No, you're not.


No, you're not. You might be hard working, but you're not honest.

Ian