Hi Everyone,

I posted this same question on the Middle East forum, but noticed that there were some topics regarding Turkey, so I thought I would ask the same question on this thread.

My fiance is from Turkey and while I was gathering everything for our I-129F form, I have some complicated issues with his G-325A form.

While he was in the U.S., he overstayed his visa by 1 year 8 months. (He did leave on his own, no one from the government even approached him about leaving). To only complicate things more, while he was here, he got a driver's license, and he also worked (I am sure without an AED), but to even complicate things more (if that is at all possible) he paid Income Tax, mind you, he did not have a social security number.

So when he filled out his G-324A form and it asked for his address within the past 5 years, he only wrote his Turkish address. So we talked and it was decided that I should have his addresses in the U.S. with the dates. Now this is only going to show that he was here for almost 3 years. Then I was thinking when it asked for jobs within the last 5 years, we are probably going to have to put his U.S. jobs down since he went and paid Income Tax and the U.S. addresses show that he was here for almost 3 years and if they don't see any U.S. jobs listed that may be odd.

I am just so confused, very disheartened, and I feel that our case is hopeless. Has anyone had anything even slightly similar?

Thank you,

Wendy

Hmm,..My only advice to you would be to get a good immigration attorney. Maybe somebody else can offer a different piece of advice. Your situation does seem rather complicated. I'm sorry I can't be more help...

How did your fiance pay Income Tax if he did not have a SS#?

Wendy,

The G-325A is the least of your problems. Fill it out accurately. Then go find an immigration attorney who has experience with the consulate in Turkey to start planning for the waiver he'll need to submit when his visa application is denied a few months from now.

Yodrak

Your questions tend to raise a lot of questions, you probably don' t want to answer in a public forum. I suggest you consult with an immigration attorney before your file any petitions. People do not pay income tax without some kind of tax identification number, even if it is not their own. All taxes employers withhold are tied to a tax ID number. You'll want to dig into just how he paid taxes.

Yeah, this sounds like one of those attorney cases - not everyone needs one, in fact most don't, but given the length of his overstay, some consultation at least would be helpful for you.

Make sure you find a qualified immigration attorney with experience in FAMILY BASED visas (and their related petitions and, in your case, waivers, probably). Try calling the state bar for your home state and asking for a referral. Set up a meeting and take with you all the documentation you have. An attorney should chat with you BEFORE asking for any money to see if he/she is qualified and able to take your case. Some lawyers will talk to you over the phone and then ask for a flat rate (a "retainer") to deal with your problems, or they may charge by the amount worked (by the hour, etc). In most states, lawyers are required to tell you exactly what kind of work you will be getting for your money and what is included for the price (ask about things like copies and various misc fees).

Google the attorney's name and see if there's any information out there, good or bad, that can help you make an informed decision.

If you are concerned about cost, first call whomever you think you'd most want and explain the situation and be frank about your ability to pay. Some attorneys can help you pro bono (for free). Otherwise, google up some legal aid services in your area. There are a lot of resources out there for legal help even for those without a huge amount of money to spare on legal services.

Best of luck.

Hi Wendy,
Don't despair. It really sounds like you're going about this the right way. As long as you're honest about him having overstayed his visa--that's the most important thing. A friend of mine married a German man who had overstayed his visa in the US. When they asked him upon his arrival to the US on a trip to visit her (prior to their marriage) whether or not he'd overstayed his visa in the past, he said he didn't know (because he didn't want to get in any trouble). Moments later, they were accusing him of lying to the United States government, which is considered treason, and then a permanent bar was placed on his passport banning him from forever after entering the US. My friend married him anyway, in Canada, and then they hired an immigration attorney and wrote my friend's representative in Congress. It took a few years, but he now has a green card, and I'm not sure the lawyer helped them all that much.

Needless to say, it doesn't sound like your fiance deliberately tried to deceive anyone, and I think that has to count for something. Just submit the application on your own. Be honest about the fact that he overstayed, but also show that he had a job, paid taxes (he might have had an individual taxpayer ID #-ITIN), and therefore was able to support himself. Those are all plusses. And then see what happens. If you have trouble, that's when it seems it would make sense to consult an attorney.

Of course, I am not a lawyer and have no experience with immigration law, so please don't take my advice as any kind of legal advice. But I wish you luck. Let us know what happens.

Best wishes,
Mary

Don't give up hope, Wendy!!!! It will take a bit longer, but you guys will be approved.

Like others, I support your being completely honest on the G325 - and all the forms. Find a good attorney who knows what s/he is doing. Your fiancee has clearly demonstrated that he can find sustainable work. Moreover, he paid taxes(!). You guys will be fine. It'll take longer because of the extra petition review - that's all. Disclose the truth on the forms. Have COURAGE. Odd as it sounds, telling the truth will give you confidence. You guys will be fine!!

Here's to all of us who have fallen in love with a Turk ...

I agree with the others about being honest on the G-325, because they can check up on the details, and you could have more trouble than need be.

But on the topic of him paying taxes, he had to have either a SS# (which was possible to obtain in some states while on tourist visa, just to get a drivers license, but then people started working under those SS#'s) or an IRS number. You can't pay taxes without them going under a number. Make sure you get more info from him.

The payment of taxes is really not an issue in this situation. The USCIS won't much care one way or another if he paid or not. They will primarily be interested in the basis on which the beneficiary entered the US, and how long the period of overstay. After that, of secondary importance is whether he worked unlawfully, obtained any benefit such as a driver's license and if so, by what means, and whether in the process of any of the above, used fraudulent documents, particularly making any claim to suggest or assert that he was a US citizen. Of rather lesser interest will be the payment of taxes, but then it's possible to get a tax ID number from the IRS even without an SSN, so unless he used a fake or stolen SSN, it won't matter much. If he DID use a fake or stolen SSN, then it just adds to the weight of the problem of overstay, unlawful work and obtaining of drivers license etc.

Given the situation, it's imperative to be honest and provide all the details, Failure to do so would make the case even harder than it is already is any such were subsequently discovered - and with a lengthy period in the US it would be hard for them not to be discoverable. The probability is that a visa will then be denied on the basis of his ineligibility to enter the country. Depending on what other details may exist, that waiver could be relatively simple or very difficult. Waivers of a finding of ineligibility would require the demonstration of hardship caused to US citizen(s) if the denial of entry was sustained. A good immigration attorney is essential - waivers are tough enough to get approved, and a good immigration attorney can make all the difference between being hopeless and getting approval.

Is your fiance still in the US? If he is, you may not even need to file a waiver...

I would suggest going to immigrate2us.net and reading up on the waiver I-601. Lots of people on that site need the I-601 and there's a lot of information/experiences.

How your fiance worked (SSN, ITIN, paid in cash, whatever) in the US is not at all at issue in the G-325A.

Overstay and unauthorized employment is only forgiven automatically (at the moment) through marriage to a US citizen. Since you aren't married, contact a qualified family based immigration attorney -- you will no doubt get denied and need to prepare a I-601 waiver.