Washington, DC asked in Immigration Law for District of Columbia

Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she continued to work in 2019 w/out a visa or contract from 6/30/19 -12/30/19 for cash from same family. We do not want any deportation risk at the Permanent Residence interview nor de we wish repercussions for her previous employers or the Bank. Should we file the cash on the Federal taxes or just stay with the W-2 up to the last contract day of June 30, 2019?

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1 Lawyer Answer
Robert Roy Klein
Robert Roy Klein
  • Immigration Law Lawyer
  • Newport Beach, CA

A: This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized employment, but they do need to know about it. Do not try to hide anything. They also do not consider her failure to maintain legal status.

For potential problems with the bank, it depends on what her contract with the bank said, if there was a contract. If no contract, I don't see a problem. If there was, then you should consult with a lawyer in your state about this.

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