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Subject: Re: Husband working without work permit (I-130 form questions) Posted on: Thu, 28 Feb 2008 05:13:07 +0000 (UTC)

Mara wrote:
> My husband (we married Dec of 2007) had a "conditional SSN" when he arrived
> in the US 2 years ago to work for one certain company.

There's no such thing as a "conditional SSN". Once a person has an SSN,
it's theirs for life. Having an SSN has nothing directly to do with
being authorised to work.

> Since this time he is
> not working for this company any longer, and is employed by another company
> using this SSN even though technically it isn't valid for this second company.
> Since this time his J-1 visa (student) has also expired- we're working to get
> his visa status changed but it hasn't been done yet (so I guess technically
> he is now illegal).

He's been illegal since whenever he stopped working for the company
under who's sponsorship he was in the USA. There's nothing "technical"
about it. He's also been working illegally, which is a separate thing.

> He is paying taxes at this job he has.

Good, as he should be. If he weren't he be committing another offence.

> The thing is, when I filled out his I-130 (petition for alien relative) form
> I didn't realize he was being taxed and working as if he were legal (though
> he is not) at this second company. So, when we did his biographical
> information form (G-325) I didn't include this job under his past employment
> history.

Not sure I understand the logic. The form asks about employment history;
how does being taxed come into it?

> But, how he's being taxed and is going to file his income taxes and
> I figure the government is probably going to put 2 and 2 together and realize
> that this G-325 I filled out is incorrect. How do I fix this? I JUST sent it
> in and I wish I had found out that he was being taxed sooner so I could have
> included it. Is there a way to amend this form quickly so it doesn't result
> in the case being backed up as it probably hasn't even been processed yet?

Probably best to leave things be, and give corrections during the
interviews along the way.