My girlfriend (soon to be fiance, illegal from Mexico) applied for a good job with a company, that upon the initial interview, only needed one photo ID. The second interview with the HR department required her to show a green card and SS#. Even with an ITIN #, she will not get the job without the green card and SS#. She has a fake SS# and Green Card. If she presents these, she will be hired. What do we do? We don't want to jeapordize our soon-to-be-started I-129 process. Will they ever know?

Get her to go home to mexico and you file for K1 is what she should do...


Kezzie

They will find out and she will get a perm ban for it. Send her home and do things right.

She will get a ban if you dont act now. Do the right thing.

You cant be serious....of course they will find out. The going rate where I live for a false SSN card is 1500. Many have been terminated after the SS Administration has contacted the employer saying that the SSN is false and is being used by dozens of people.

Good way to get a lifetime ban and removed from the US.

It's already in jeopardy and could get worse.

It doesn't matter if 'they' will ever know. At some point, the applications are going to ask her those specific questions, and they must be answered truthfully.

Look, you're already in a situation where the Miss has shown disregard for US law. Now she is going to state that she's turned over a new leaf (part of the waiver process). She needs to do things that are consistant with that statement, and bending/breaking one more US law is not going to improve the situation.

She "should" wait until she's legally able to work in the US to go after "good jobs". If all this logic escapes you both, there's probably a reason you are in the situation you are, and you might consider living abroad, where penalties are less severe for rule bending/breaking. No, seriously.

I agree with what everyone else has said so far. Even if you know people who may have gotten away with similar things in the past, just remember there is a heightened awareness of illegal immigrants and especially workers right now. Don't jeopardize your future!

You are on the wrong web site if you expect anyone here to condone any illegal activity and trust me when I tell you you're not going to want to push this with everyone's sensitivity to timelines being heightened right now.

Follow the advice already given and start saving for a reputable immigration attorney.

Jen

Sorry, but people here are right... I seriously doubt that anyone here is going to say 'go for it' when it is clearly people like your fiancee that make this process more difficult for those who want to go to the USA legally...

Good luck on your journey!

Edited for typos

What is more important?

Her having a job with fake SSN and Greencard and living in fear knowing that she could be deported and never allowed back into the US (although I doubt she lives in fear since she is already here illegally)

or

Sending her back to Mexico for a couple of months to spend time with family while you file for her to come and live in the US legally and to obtain a REAL SSN# and Greencard and live happily every after.


I'm not going to answer this one for you but I think you get the point.

Good luck.

sarah and hicham et.al.,

Wow - so many people saying that she should leave the country without knowing any of the important details beyond that she's in the USA illegally ....

Guess rgmx didn't like that advice (nor should he, under the circumstance).

Yodrak



rgmx,

If you're still around, you want to be having a consultation with an experienced immigration attorney who does family-based immigration work. You don't want to start an I-129 process I'm sure, and you may not want to start an I-129f either.

Yodrak

Are you serious? Do you really expect it will only be a couple of months? I think you are way off.

Nice.

fake SS# and fake greencard? You are kidding, right? I wonder....dont they see if the ssn is faked. Sorry for jumping out the line here (maybe) but get her home to mexico and do what needs to be done. That is just ridiculous, sorry. Many many people wait and wait and wait for the legal processing and she just has a freakin FAKE ID. Sorry, those things get me mad.

Oh and you as her soon to be fiance....how can you support these things? Am I in the wrong movie here? How to switch the freakin channel? I hope they catch her and ban her for lifetime. People just like this woman making this whole immigration process so hard. How can you honestly expect and *good* suggestions here? I really admire the people who already answered so politely.


Isabel

Don't send her home until you've talked to an immigration attorney. She could be facing a ban here that will go into effect once she leaves and you'll have to get a waiver before she'll be allowed to get her visa to return. There may be a way to adjust status since she's already here, but you'll have to get with an attorney to figure out how to do things the right way, which doesn't include working with a fake ssn!

I can't believe this.
Why would you even ask this of anybody? If she has this fake paperwork that she has probably used them allready. This would not be the first time right? How did she get a fake ID and SSN and Green Card.

Seee someone has stolen my greencard and it took me 2 years to get a new one. I wonder if she or someone like her has my greencard and they use it to get JOBS in my name.

yikes

Sorry Yodrak..
I dont understand how you could even question why anyone would want to understand the details of why she is in USA ILLEGALLY.... it is still ILLEGAL..... would it really matter what the reasons would be..?

Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.

It seems to me that all of US HERE who are doing things right.. waiting .. for proper channels... doing it LEGALLY..... get questioned....

It should be those who are doing as she is... .. fact..
1. HERE IN USA ILLEGALLY.
2. Using FAKE ID's Illegal documents.
3. FAKE... SSN card
4. FAKE GREEN CARD.

and you want us to open our hearts and plead for a easy time for her adjustment

I think some serious thought needs to be done with this situation... especially if they are hoping to have no problems with the process of K-1 or I-129... ... don't want to jeapordize our soon-to-be-started I-129 process.. OH MY GOSHHHHH.... hello... is this a joke.? ..

Think about it... you are on a public forum.. with people doing the process the legal way..
asking if it is ok.. or if it is possible that "thye" will find out of your INTENDED ILLEGAL ACTIVITIES...
HELLO... this whole way of thinking just burns me.....

Get a grip..... go back ...... file and wait like everyone else.... unless you have already have plans to fraud the government more.

Wow! Where I used to live it was 50 dollars. Go figure.

Wow I just noticed that apparently my opinon on going back to Mexico was not so good? Was I the only person who said she should go back?

I just figured it would be best to be legal and to get her Greencard and SS# legally, sowy.

Sarah

Wow!!!!

Surprised you need to ask that one

Tsk Tsk .. people coming here to ruin our country.. tsk tsk .. shame on you.

Sorry my momma never told me to be quiet unless I had something good to say.



I think that is a great idea.. except to stay in mexico because she obviously doesn't give two cents about america.

** listening to the sound of the OP scampering off to figure out how to spin it in his favor **

I'm looking forward to this!!

Do people just think that people in the US are corrupt or what? Or that we think doing illegal stuff is cool? Man ... maybe I like my country too much ..

That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status. (That's what allows a K-1'er to marry on the 89th day, wait a week for the certified marriage certificate, and file AOS on the 96th day -- such a person is an illegal alien after day 90.) The OP doesn't make it clear which category she falls into.

I'm not making any statement about the fairness of existing laws (they're pretty darn unfair, actually). One is always free to withold information from anyone one chooses. I'm just correcting the misstatement that "she is still not elegible for adjustment due to being here illegally."

Illegally is often used to refer to those who EWI'd, as opposed to overstay.

JanaknJanet,

I wrote, "without knowing any of the important details" (lucyrich has mentioned one of them in correcting another item that you stated incorrectly). I wrote nothing about reasons.

What makes you think I want people to open their hearts and make things easy for these people? What I want is for VJers to find out what the facts of situations and then offer appropriate information or advice.

In this case, based on the few known facts, the appropriate advice would be 'see an immigration attorney before you do anything'. Even if we knew more about the situation this case is beyond VJ - it has serious issues that need to be examined by a professional.

Yodrak





Boiler,

Agreed. In common usage the term is ambiguous. So wouldn't it be a good idea to resolve the ambiguity before suggesting a course of action?

Yodrak

Absolutely.

I would have assumed EWI in this case, but never a certainty.

** still waiting for the OP to return **

Would you?

Now on another site.

I just have to wonder how you can produce a fake green card that will pass for a real one....My GC has so many security features built into it..It's quite a work of art and impossible to duplicate..I don't know how anyone could copy it.

I have never heard of anyone doing it, much simpler alternatives.

Fake IDs and SSNs are very common because a some point you have people that work in places were you can get them for a fee. Some of the SSN's are from people that have died most likely. I had a contractor getting people off the street to come and work on a Government installation and were detained when they got to the gate for fake GC and have sence been deported.

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Dangerous advice. But remember that you have no right to rely on what the US government tells you; the Supreme Court has said so [Schweiker v Hansen].

Illegal and Out of Status are usually synomonous, both are deportable if they come to the attention of the Authorities. Passport is irrelevant once the I-94 has expired, Marriage Certificate more so as that never gives you a right of abode in the US.

There are forms of relief for people who are EWI in this country. And they can adjust status. I will list a few below.

1. INA 240(a)(b ), someone who is EWI (entered without inspection), been continuously present for 10 years, has good moral character, and have a qualifying relative who will experience “exceptional and extremely unusual hardship" if they are removed. This of course is a form of relief once you are in removal proceedings (caught) and very discretionary.

2. The other form of relief is INA 245i. If this girl had a pending I-130 (regardless of which relative filed for her) before April 2001 and was physically present in the US in December of 2000 she will also be able to adjust if she marries this person USC right now and he files a new I-130. 245i is the gift that keeps giving because she would have been grandfathered in.

3. Another long shot form of relief is that if she has been here illegal before January 1, 1972 she can adjust status via registry. (current statute of limitations on immigration violations).

4. Finally if she doesn't meet any of the above they can still get married and then do counselor processing. She will need a waiver (I-601) for unauthorized work and authorized stay if she has been doing either for longer than 90 days.

I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Well, options 1, 2 & 3 are rare enough to stumble across on the internet these days. And #4 is still covered because it's not Adjusting, it's going outside for CP.



Well, what is someone who arrives on a B visa and doesn't leave? Out of status, aka 'illegal'.

It's not really safe or fair to say 'there is no time limit to file AOS'. There is a time limit, the same that applies to anyone who is outside of their I-94 admitted time period. The amount of out of status time will affect their ability to re-enter the country, and the expired K-1 can still accumulate enough out of status time to incur a 3 or 10 year bar if they leave the US. Married or not.

Should something happen to the USC petitioner, the expired K-1 is in a real pickle if she has no I-485 filed.

I'm sure we could sit here all day and think of exceptions to this statement. It's a pretty broad and dangerous statement left as it is.

I think we are all right, and yes we all could come up with exceptions.

The fact remains that with a K1 visa the intention is to get married in the US and remain, therefore officials look at it as thought there was no time limit to file AOS. In fact there are several people who did not file AOS for two years to avoid conditional residency, therefore a precedent is set. I would not want to argue the point if an issue arose. But the fact is that there are people who have done it with no issue.

I would still recomend to everyone to file AOS as soon as possible, but from what I have read and been told by various officials(not clerks), there is no real time limit to file AOS.

There are people who would prefer to eliminate the term "illegal alien" entirely, replacing it with "undocumented alien" or "unauthorized alien". Whatever. I agree that the term "illegal alien" is politically charged, with negative connotations. Many people would like to reserve it for only those "undesireable" aliens without status. But the term "illegal alien" is most often used to refer to anyone who is in the US without status, regardless of how that person came to be out of status, or for how long that person will likely remain out of status.

You could have entered the US 50 years ago, legally, married and adjust now.

But it makes no difference to whether you are legality during those 50 years, just lucky not to have encountered ICE.

Let's boil it down to this:

What is the status of a non-immigrant (K, B, whatever, as long as they have a finite date on their I-94) who is in the US past the date on the I-94 and who has not filed I-485 or any type of extension (let's just say they never file anything) ?

As Boiler says, you could "live" in the US for 50 years, marry a USC and file for AOS. That does not mean that there was not an end to their legal period of stay in the US.

There was a local case in my city---woman had been her over 25 years, owned a roaring and popular downtown spot, in a committed live in romantic relationship with a USC but they didn't believe in marriage and never did the deed. She never filed for any immigration benefits and just did her own thing.
They finally married when he got terminally ill, filed for her benefits and he died.

Because they had been married for less than 2 years and she had years of illegal presence, she was bounced back to Canada. On the bus. At 60some+ years old.

Point is: there is no time limit until you are caught.

This is exactly why i am specific, if you are here illegally then that is what it should be called regardless if you intentionally overstay or are just illegal.

The distinction I am making is made by the fact that there is no legal requirement to the timeframe of applying for AOS, provided you have complied with the requirements of the K1, hence the term "out of status" .

I understand what you are saying and perhaps we should start a new one, your suggestions are welcomed.

Trust me we are sick and tired of all these cute phrases for illegals, time to call a spade a spade.

as a personal note, we did not need to file the AOS cause we were not in a hurry.

I forgot that recently there is a 5th Option.
Join the military and serve in active combat and get discharged honorably. As I understand it you can go from EWI to Citizen during the time of your military contract. Which pretty much beats out any other method in terms of speed.

"Section 329, INA
This section applies to members of the U.S. Armed Forces who currently serve or have served in active-duty status during authorized periods of conflict as outlined in the INA (WWI; September 1, 1939-December 31, 1946; June 25, 1950-July1, 1955; and February 28, 1961-October 5, 1978) or any additional period designated by the President in an Executive Order.*

* Recently, the President signed an Executive Order identifying September 11, 2001 and after as an authorized period of conflict.

Have you served honorably in the U.S. Armed Forces during an authorized period of conflict?
After enlistment, were you lawfully admitted as a permanent resident of the United States, OR at the time of enlistment, reenlistment, or induction were you physically present in the United States or qualifying territory?"

http://www.uscis.gov/graphics/services/nat...yBrochurev7.htm

Except you need PR status to get into the Forces. EWIs need not apply.

Rumour has it that they are not too fussy nowadays regarding the paperwork.