Please help! Unknowingly used false French passport in the past. CR-1 or K-3 effects

[Georgia Peach 1]

Hello all,

I need some serious help. My husband and I currently live in France and he has lived here most of his life. He was born in Senegal. Long story short, his parents forged documents and got him a fake passport/identity, unbeknownst to him. All of his younger siblings are legal French citizens. He has been living his life thinking that he was a French citizen and FOUR years younger than his real age. He discovered the truth last year and after the shock he went ahead got permanent residency in France. So his legal woes are straightened out in France. We had put the shock behind us and didn't give it a second thought until recently.

I want to move home (USA). For several reasons it just makes more sense for us to live in the US. Today it dawned on us that my husband traveled to the US twice last year and the year before on a FAKE French passport. I met him on the first trip. He only stayed a couple of weeks each time. But of course he was fingerprinted upon entry into the US. When he tries to return, with his Senegalese passport, he will be fingerprinted again and the system will pull up his fake identity. I am at a complete lost of what to do! Even if he can get approved for a K-3 visa (I'm still learning the types of visas) he will likely be turned away at the airport. The approval of a visa application means nothing if he can't even enter the country.I don't even know where to begin. I was thinking of going back to the US and petitioning for his immigration there and adding in an I-601 form; But what good would that do for the border issue? I'm infuriated with my in-laws right now! My husband had no desire to move to the US and would have preferred that we stay in France but I really need to move back home. He's only ever visited the US as a tourist! Any help is greatly appreciated. Does anyone know how the border control handles situations where someone has previously traveled on false documents but are currently legal?

[p-ana 933]

The databases will be connected. If he gets an immigrant visa, he'll be able to enter with it. Problem is getting the visa now. I'd contact an experienced immigration attorney before attempting anything.

Good luck

[Ryan H 3,790]

Lawyer up, this is not a DIY situation.

You wouldn't be able to file an I-601 until after a visa has been denied.

Edited November 23, 2016 by Ryan H

[Hypnos 6,576]

Do nothing until you've talked to an experienced immigration attorney versed in fraud and waivers.

[Georgia Peach 1]

WOW!!!! Gosh I was hoping that this wouldn't be the responses that I'd get. Now I'm even more infuriated with his parents!

Should I just move back home and get a lawyer in the states or can I start the process in France? Just two days ago I thought we could start the process here in France but now my world is upside down. I'm afraid of leaving him here and France and then not being able to see him for several months or more. I'm far from old but I'm no spring chicken either and we are actively trying to start our family. A year apart would definitely put a dent in those plans. This is all so overwhelming. Maybe I should just stay in France.

Thank you for your replies

[pushbrk 12,106]

You don't need to move to hire a lawyer. For this kind of case, I would have an initial telephone consultation with Marc Ellis.

http://marcellislaw.com/

[Boiler 43,431]

You have to list all the aliases and previous entries anyway.

Obviously not a quick process, but you can start the process by filing now.

For the waiver you need to do a lot of research or employ a competent waiver lawyer.

Filing the waiver is sometime off so you have plenty of time to research.

[Georgia Peach 1]

You have to list all the aliases and previous entries anyway.

Obviously not a quick process, but you can start the process by filing now.

For the waiver you need to do a lot of research or employ a competent waiver lawyer.

Filing the waiver is sometime off so you have plenty of time to research.

Thank you very much.

Are you saying that I should go ahead with the normal visa process even though he'll have problems at the border? Like apply, get denied, and then file the waiver type of thing? I'm just trying to make sure I'm understanding your suggestions correctly?

[Boiler 43,431]

Apply

Denied

File a waiver

Get a visa

[Georgia Peach 1]

Apply

Denied

File a waiver

Get a visa

Got it. Clear as day :)

[Hypnos 6,576]

But speaking to a lawyer should really be the first action you take, to see how much of a problem using false documents will be.

Just because there may be a waiver available doesn't mean he would actually be approved for it.

[Cathi 5,610]

even if he didn't need a waiver(which he will) you will be separated for at least some of the time. The CR1 process takes about a year, K-3 visa is not an option because they are rarely, if ever granted anymore

[TBoneTX 43,058]

If Marc Ellis isn't readily reachable, try this gigantic immigration-law firm:

http://www.fosterquan.com/services/individuals-and-families/

[caliliving 606]

Wow! I would not do anything until you speak with a highly experienced 601 waiver lawyer...

Try lizz cannon lizz@lizzcannonlaw.com.

She will tell u exactly what u need to do!!! You need a lawyer before u figure out what the best approach to do is.

[pushbrk 12,106]

Wow! I would not do anything until you speak with a highly experienced 601 waiver lawyer...

Try lizz cannon lizz@lizzcannonlaw.com.

She will tell u exactly what u need to do!!! You need a lawyer before u figure out what the best approach to do is.

She would be OK too. Don't file ANYTHING until consulting the kind of immigration attorney that specializes in this kind of problem solving.