I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?
Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.
Any advice would greatly be appreciated.
Full Version: Anybody else been in a similar situation? Advice?
QUOTE(KIM100 @ Apr 10 2008, 01:01 PM) 
I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?
Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.
Any advice would greatly be appreciated.
Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.
Any advice would greatly be appreciated.
i dont have any idea but im sure someone will know at least where to begin ............but i wanted to wish u good luck and i hope it all turns out great for u.........
QUOTE(KIM100 @ Apr 10 2008, 01:01 PM)
I am a USC married to a Canadian Citizen. We got married in the US and want to apply for AOS. I met my spouse in the US last year. He has been living in the US for the last 5 years. Also, he has been working in the US illegally and filing tax returns. What would the implications be if we did apply for AOS? What would be the bestway to legalize my spouse without him having to leave the country?
Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.
Any advice would greatly be appreciated.
Will there be a problem because he has been residing in the US for the last 5 years? Also, when he originally entered the US, he just drove over the border. SO there is no documentation indicating when he arrived.
Any advice would greatly be appreciated.
How was he filing tax returns if he was in the US as a visitor? The USCIS has a record of all entries to the US, they just don't have a record for exits unless the visitor was on some sort of visa that required the surrendering of it before leaving the US. Overstaying a B2 for 54 mos. might be a problem, that and the working illegally. Maybe someone has some good advice but all I can think of is to contact a good immigration lawyer. Sounds like you are going to need one.
Agreed with what my brother just told you (we're brilliant in this family) --- you should consult with a competent immigration attorney.
is he in the country illegally or just working illegally?
why the hell is he filing taxes if hes working illegally?
Lots of illegals do. Even with fake SSNs.
I'd say that if he's been here in the US illegally for 5 years, and working illegally, you will defintely need to at least consult with a competent lawyer.
I'd say that if he's been here in the US illegally for 5 years, and working illegally, you will defintely need to at least consult with a competent lawyer.
Yes you have some major Red Flags on this one. If he is working in the US illegally that can really screw up your process all along the lines. You do realize he is risking a deportation and possible ban from the US for doing what he is doing. You also would be indicted possibly as harboring an illegal alien yourself. So you as well could really get into some serious problems with the authorities...
QUOTE(warlord @ Apr 11 2008, 05:26 AM)
Yes you have some major Red Flags on this one. If he is working in the US illegally that can really screw up your process all along the lines. You do realize he is risking a deportation and possible ban from the US for doing what he is doing. You also would be indicted possibly as harboring an illegal alien yourself. So you as well could really get into some serious problems with the authorities...
Ditto all of those. You need to consult and attorney my dear friend; and fast. Before filing anything.
good luck!
Now things do get waived once you are married and applying for AOS, but that is generally things like entering the country illegally (saying it's a vacation but really intend on marriage) or things such as that. 5 years though is a very long time. You might get lucky, definatly do the lawyer for this as everyone has suggested.
If he ever plans, however, to apply for citizenship then this will have a huge bearing on it and will most likely be denied. So he might have to be stuck on a green card from here on out if you are lucky to even get that far.
The big issue now is you are knowingly and willfully harboring an illegal as he is still an illegal alien, marriage or not at this point. So you seriously could be facing some very stiff charges. So make sure you get a very competent lawyer...
If he ever plans, however, to apply for citizenship then this will have a huge bearing on it and will most likely be denied. So he might have to be stuck on a green card from here on out if you are lucky to even get that far.
The big issue now is you are knowingly and willfully harboring an illegal as he is still an illegal alien, marriage or not at this point. So you seriously could be facing some very stiff charges. So make sure you get a very competent lawyer...
Hi,
I think that the advice you have gotten is very good. I think that you will have to answer alot of very difficult questions. You might want to think about living in Canada as a option as well. It really doesn't sound good for your situation. Again, I'm not an expert but based on the little that I know you are doing something so wrong. Did it not occur to you that you are doing something that is "just not right"? I really do wish you alot of luck in this case. You might want to try praying as well. Just a suggestion.
I think that the advice you have gotten is very good. I think that you will have to answer alot of very difficult questions. You might want to think about living in Canada as a option as well. It really doesn't sound good for your situation. Again, I'm not an expert but based on the little that I know you are doing something so wrong. Did it not occur to you that you are doing something that is "just not right"? I really do wish you alot of luck in this case. You might want to try praying as well. Just a suggestion.
Wow. 
Working and living there ILLEGALLY and filing taxes?
I'll just keep my thoughts to myself on this one.
You'll need a lot of luck with this one I'm afraid.
Working and living there ILLEGALLY and filing taxes?
I'll just keep my thoughts to myself on this one.
You'll need a lot of luck with this one I'm afraid.
Not much here we can do, except say to find a VERY good lawyer,not the guys u see on TV,lol And one one might want to think about moving to Canada. If one KNOWS they were here illegally, well, what can ya say, you make the bed, ya sleep in it!! I dont mean that in a harsh way, but if he grew up in Canada, he must have a decent education and be able to figure things out. Best of luck
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