I need a legal risk assessment and strategy for the following situation:
Background
* Individual entered the U.S. on F-1 status and completed OPT.
* Before OPT expiration, they applied for a STEM OPT extension.
* For the STEM OPT application, they used an offer letter from an E-Verify company and submitted required paperwork, including Form I-983.
* In reality, they did **not actually work for this company**, performed no job duties, and received **no wages** (no pay stubs, W-2s, or tax records exist).
* The STEM OPT extension was approved and an EAD was issued based on that application.
* On paper, it appears valid employment existed, but there is no underlying employment activity or compensation.
Current situation
* The individual has **not yet filed for adjustment of status (Form I-485)**.
* They are **married to a U.S. citizen** and are planning to file AOS based on that marriage.
* They may now have a **legitimate job offer/employment** moving forward.
What I need to understand
**Legal classification**
* Whether the STEM OPT issue is treated as status violation vs. misrepresentation vs. fraud in practice
* How serious this is in the context of future immigration benefits**Impact on future AOS (marriage-based)**
* Whether marriage to a U.S. citizen mitigates any consequences
* Whether this issue can lead to denial of AOS
* How likely it is to be discovered during adjudication or interview**Waiver requirements**
* Whether an I-601 waiver would be required if this is deemed misrepresentation
* How strong or weak such waivers tend to be in similar fact patterns**Risk management**
* What documents or evidence should be preserved now
* What actions could worsen the situation
* Realistic worst-case vs most likely outcomes
I appreciate the advice!