Trev

I was married to my husband on Nov. 22, 2002. We are doing DCF through the
Auckland consulate in New Zealand. Our interview has been scheduled for
Dec. 19th (I might add as a side note that we sent in the DS-230, police
clearance request form and a letter stating the date of our upcoming
marriage and that we would like to get an interview in mid-January. The
packet was sent off on Nov. 15, 2002 for preprocessing. We received Packet
3 with our interview date on Nov. 19th!! with the interview scheduled a
month before we requested it)

Last year, my then boyfriend (now husband) was in the United States 3 times.
Prior, to those visits, he had never been outside of New Zealand. The first
time he went, he was sent by the New Zealand firm he was working for to
provide information regarding specialized equipment that was being sold to a
US firm. Six months later, he was asked by the US company to come and
assist in the installation and training of the equipment. He ended his
employment with the New Zealand firm and went to the US firm for 3 months
under the visa waiver program. He received housing, a car and monetary
compensation from the US firm. He returned by the 3 month deadline required
by the visa waiver. He came back to New Zealand for 2 weeks. He then
returned to the US for 3 months, once again under the visa waiver program.
On the forms he had to fill out on the plane, he stated that he was coming
for leisure, not business reasons - for all 3 visits.

While he was in the United States, the company applied for a petition for
him to sponsor him on an H1B Visa. The company said don't worry about
anything, we'll take care of everything regarding the visa, etc.
They asked him repeatedly to come back for a third 3 month stay, but once he
realized that the company was not well versed in dealing with immigration
issues and that the appeal was pending, he decided that he didn't feel
comfortable that the company was taking care of everything regarding the
visa and did not want to hurt any future chance of traveling to the US. By
that time, we had met and had started a relationship. He knew that he
wanted to be able to come to the US to visit.

The initial petition submitted by the US firm was denied during his second 3
month trip. It was resubmitted for appeal. While it was still under
appeal, he returned to New Zealand because the 3 months were up for the visa
waiver and he did not want to overstay. 9 months after his return to New
Zealand, he received notice that the appeal was denied.

Before the denial, he and I became engaged and had decided to do direct
consular filing. Apparently, what he did is classified as unauthorized
employment. Our question is what are the repercussions for the unauthorized
employment? Should we bring up the issue at the interview or wait for the
interviewer to bring it up and only answer the questions we are asked? We
want to answer all questions accurately and honestly, however, we do not
want to offer up excess information if not requested. Even if this doesn't
cause problems during the interview, can it still cause a problem at the
POE?

A few extra notes regarding the issue: He did not falsify any documents.
The US firm did not put him on their payroll and paid him cash directly. He
did not fill out an I-9 form. He did not file taxes. On the DS-230 for the
employment question, we answered the employment question regarding his time
in the US as independent consultant and the location as Wisconsin/New
Zealand (per the advice of a US attorney.)

Any advice would be greatly appreciated. It is my understanding that
unauthorized employment is forgiven for spouses of US citizens. However, I
have not been able to find any documentation substantiating this with regard
to direct consular filing.

Thanks a million. We are excited about the interview and returning to the
United States, but also apprehensive about this issue. This NG has been an
invaluable source of information, support and reassurance.

Thanks in advance for in advice/words of wisdom/prayers, etc.
Amy Boakes

Mrtravel

When you filed the G-325A, did you show this employment?

If yes, then the interviewer might ask about it.
If not, then you don't want them to find out later.

Trev

Yes, we stated the employment. We showed it as "Self employed" Location:
Milwaukee/Hawera (Milwaukee is the city he worked in the US and Hawera was
his permanent address in New Zealand during the time of his visits.) We
didn't state specifically the name of the company, because they did not
consider him an employee of the firm and it was not a permanent position.
It was considered a consulting or contract position.

Thanks for your input :-)
Amy Boakes

"mrtravel" wrote in message
news:[email protected]...
    > When you filed the G-325A, did you show this employment?
    > If yes, then the interviewer might ask about it.
    > If not, then you don't want them to find out later.