Q: if my spouse worked self employed and paid taxes do we still mark worked without authorization on the I485?

A: If your spouse is a foreign national and does not have (a) an employment authorization document or (b) a status that allows employment then you must indicate in the FORM I-485 that the self-employment was without authorization.

A: Yes. Because your spouse is adjusting through you, a USC, he is forgiven for working without authorization. He however is not forgiven if he did not pay taxes; so the fact that he did is good.

A: Dear Husband,

Your wife must answer any question on any immigration form truthfully. If she worked without authorization and is adjusting as the spouse of a US citizen, that in itself will not make her inadmissible; she should be able to adjust her status to that of a lawful permanent resident. But if she is adjusting status on another basis, like employment-based through you or herself, working without authorization is a ground of inadmissibility, and she may not be able to adjust. If you have any questions or doubts about the application process, I strongly recommend consulting with an experienced immigration attorney. As part of her adjustment application, she needs to show that she has good moral character (GMC), and the fact that she filed taxes may help her show she possesses GMC, but it depends on the legal basis for her adjustment application.

Best,

Patricia C. Wall

Practice Limited to Immigration & Nationality Law