Hi. First, thank you for everyone who uses this site. It's great! And forgive me if I am posting this in the wrong place - this is my first time joining any kind of forum. And forgive me if anyone has asked a similar question, but I could not find anything like my situation (although I'm sure I just didn't look long enough :-)).

I have been dating my boyfriend for roughly 1 year. I am a US citizen. He is from Brazil & came to the US illegally (via Mexico) and has been here for 3 years. We want to get married and are not sure if we should try for the fiance visa or spouse visa I am worried that the government/consulate will find out that he has been in the US illegally and will bar him for 10 years. He aquired a tax id # & driver's license in the US (license has since expired). When getting his license somehow a authorization form to work in the US was filed in his name.

I assume either visa we apply for we will have to do the waiver, but does anyone have any suggestions on what is the best thing to do? I have spoken to so many lawyers & they each give me a different answer. Should we do the fiance visa? Spouse visa? If we marry, is it better to marry in the US, Brazil, another country?

Also, I read on one of the postings that someone told the truth on their forms - that they stayed in the US illegally after their visa expired - and they were approved the visa. Is it better to "lie" of tell the truth?

Sorry for the long post. I'm just so overwhelmed! Thanks in advance to all!

Nicole & Wilson

You should check out the Waiver section and post your questions there. There's more experience in that section than you'll find here. Good luck!

Oops :-) Thanks so much!!

I am just amazed how someone here is illegal and ends up obtaining a SSN and Driver's License I wondered who the rightful person of the SSN feels being victimized this way?

ITIN is not the same as an SSN. ITIN is available to non-residents.

Looks like you have your cake and maybe will be able to "eat it" too.
LOTS of us had to do the process while separated for long distances and long periods of time.
To me your man is here illegally and should be deported and banned.
!

Plus from what you've explained there is a GOOD chance your BF is looking to do anything he can to get a GC!


LOTS of ladys have been taken for a ride. Guys also!

You go Beckypua!

Please go look at the waiver section. You will get nothing but nasty comments and judgements in the K1 or AOS forums. You are in for a lengthy process, and I think your best bet would be marrying here, submitting AOS, which will be denied, then filing the appropriate waivers. He will have to return to his country - the waiver will be for the permanent ban (EWI does not incur a 10 year, but a lifetime ban). Trying to hide the fact he entered without inspection is very unlikely to work.

As for the comment that the boyfriend only wants a green card - that's the OPs decision to make, and entering illegally and then marrying or wanting to marry a USC does NOT always mean the USC is being used. My husband was out of status for 4 years, for circumstances that were unforeseen when he entered as a visitor. The only thing he wanted was to wrap up a lawsuit and return home to his country, but ###### happens and he met me.

As for the question as to whether to lie or tell the truth - as my husband's I-94 was expired, we had to tell the truth because it would be obvious come adjustment, and he also worked without authorization (let's not make any comments about stealing SSNs or driver's licenses, he had his own ITIN and own driver's license which he was able to renew multiple times), which we also told the truth about, and it had no bearing on our adjustment. He was approved with no problems (and because he'd entered with inspection, there were no waivers or anything to file). I'd always recommend the truth, if you lie and it comes to light after he's gotten the green card, he can be deported due to obtaining his residency through fraudulent means.

Good luck, and I hope you find the support you need/are looking for in the waiver forum.

Why r people so bitter!! The girl is in love and trying to find a way that she can be with her faince.. its great that you did the long process and got what you wanted but for god sake listen to yourself!!

People are bitter about someone being here illegally? Then asking advice how to "shortcut" the system to THEIR benefit asking advice from those of us doing this legally? Absurd!

This is a double topic, so I'm going to lock this one and direct anyone who wishes to give the OP advice to here:

http://www.visajourney.com/forums/index.php?showtopic=79268

Thank you.