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

Get a lawyer...............a good one.

Whether you petition for a spousal visa or fiance visa won't change anything initially. He will eventually need to return to Brazil to go through consular processing and waiver filing. He WILL need to stay there while the waiver is being processed -- there is no option for EWIs to adjust status in the US. When he is denied at the interview due to his illegal presence, he will be told if he is eligible to file a waiver. If so, you are required by law to prove extreme hardship to you, the USC, if his visa is denied. Waivers are available to fiances, but some people might find a bit easier to prove extreme hardship if they are married. For example, if their spouse contributes a large portion of the income.

Where you get married also doesn't matter. Check the laws in your state for a marriage license. They aren't going to report him to immigration. In addition, on any visa petition you will be telling the truth about where he currently lives and his illegal entry, so they will know. The petition will still be approved. They will not find him and deport him, but keep in mind that he is currently deportable and any number of things can happen that could result in deportation, completely separate from filing immigration forms.

You are required by law to tell the truth on all forms. If someone entered the US LEGALLY, overstayed their visa, married a USC and adjusted their status in the US, the overstay is forgiven. In addition, overstays of under 180 days have no ban. Lying to immigration only leads to much more serious consequences i.e. charges of misrepresentation.

Suggest you spend your time on www.immigrate2us.net in the 601 waiver forum, where you will find many other people with experience filing in Brazil. (You don't need a lawyer to go through the petition or waiver process, but it's strongly recommended that you consult with someone experienced in waiver filing in Brazil so you are 100% clear on exactly what you are facing).

The original question is how does she go about getting her boyfried "legal". They WANT to do it legally. And the process does involve them being separated to wait out the waiver process. It is in no way a "shortcut". They will probably be waiting a LOT longer because of that.

None of us are angels, and if you make a mistake in your life and then genuinely want to make it right, help is available.

Your situation is quite common. And there is lots of support out there from others going through the waiver also for illegal presence.

Thank you so much KitKat &USNoiva. I really do want to do this legally, so I will check out immigrate2us.net to see what info I can find & will keep trying to find a good lawyer.

Thanks again.

All the best,
Nicole

And for those of you who wrote nasty comments, that was not really needed. My bf did not get a SSN, he got a tax id # wich anyone can get. Also we are not trying to do things illegally - we want to do things legally now, I was just looking for advice. And you do not know my history & my bf's history of why he came here illegally in the first place.

I am suprised that people would be so judgemental on this site, especially when we are dealing with people from all different cultures. Sometimes things are communicated and/or interpreted in the wrong way & perhaps the reason is cultural. I was only coming to this site for help.

Thank you again to those helped.

Best,
Nicole & Wilson

Nicole, be sure to read your PM -- now you know why VJ is NOT the place for anyone trying to go through the correct legal process and channels to legalize their fiance/spouse's status.

I wish you the best of luck - defending your position in the other thread fell on deaf ears, but I wish you nothing but success with whatever path you choose.

This site is very judgemental (and I fear that drives so many people away) - I've been told on here that my husband I got his adjustment "illegally" because he was on a tourist visa. While our journey was not as difficult as your's will be, if you ever need to talk, PM me.

Again, best of luck.

You can PM me too. I am actually a mod over on the other site.
When I first started my journey 3 years ago, I received very nasty feedback from people that were here back then. I will never forget that.

That's how it works on VJ. If you fell in love with someone who entered the country illegally or had some kind of visa ineligiblity, apparently it's your fault here. The details of the situation make no difference -- whether it was a simple legal tourist visa overstay with extenuating circumstances that make the overstay completely understandable, or a child who was brought into the country at the age of 9 months when s/he had no say in the matter, on VJ that makes you, the USC, a criminal of sorts. If you are going about the process to legalize your fiance/spouse and make things right, once and for all, apparently here that is overlooked completely.

That's why there's very little help in regard to waivers here and that's why people end up bailing and going to other more supportive sites (where they can find accurate and helpful information).

Yeah, I think education is the key here. (and the people that have been through it)

Outside of this "computer world", I am sure that a lot of people do not obey the law religiously either.

Aaaahh....I see now. I responded quite rabidly to people's judgemental comments about filing waivers before, not realizing that this was the norm on this site.

Thanks for the explanation. Now I know that if anyone asks about filing a waiver, they should be refered elsewhere!

While there is great advice on this site, I highly recommend getting a lawyer to help you out with the waiver process. The waiting time for most waivers is extremely long, and you'd hate to go all that time and find out that something was done wrong. My wife and I used a lawyer for her I-212 waiver and it was approved in about a year, and the only complications was that USCIS misplaced the case, but we had so much evidence I was never really worried about it being denied.

The only thing I know for certain is that your significant other will need to return to their country, and never EVER lie on any immigration document, as it can lead to a ban that can't be waived due to misrepresentation or knowingly trying to get a visa through fraud. Good luck!

Thank you bowflex!

It is much better to tell the truth, no matter what. If it is big enough to hide, they will probably find out about it.

Definitely the norm. I've been told my husband should be deported and banned (he has his residency now, though) for overstaying and working illegally (which I will never fault him for, his family is actively engaged in a lawsuit for his father's wrongful death, if they leave they can't pursue it at this point because of the overstay that's been incurred - he could now, because of the permanent residency but couldn't before). People also are always telling people that if their significant other is here on a tourist visa/VWP/etc they can't get married and do AOS, they MUST do a K1/K3/CR-1 or IR-1. K1/K3 seems to be the only accepted method, and then it's only if you followed everything to a T, who cares if there were unforeseen circumstances?

I try to be vocal about it, but it's hard when people tell someone who needs help that if they overstay their K1 they will be deported and banned. Education is the only way, and so many people on VJ choose not to be educated. They simply want to believe that they're perfect and any other way is wrong.

I've said it elsewhere on this forum - there's "legal," and there's "advisable." With that distinction out of the way, not every "legal" option is an "advisable" one. Unfortunately, certain users have issues distinguishing the two. The current climate towards immigration in the US is not helping the tone around here either, I find: If every idiot talkshow host, newspaper editor and politician raise their voice to the tune of "America for Americans, out with the foreigners," something is rotten in the USA, to borrow from Shakespeare. And to all those clamoring that the USA are a nation of laws: "just" and "legal" are two very different things. Laws and courts are concerned with "legality." "Justice" is best left to whatever gods there may be, not human error.

[quote] I find: If every idiot talkshow host, newspaper editor and politician raise their voice to the tune of "America for Americans, out with the foreigners," something is rotten in the USA, to borrow from Shakespeare. quote]

Can you quote a few, I listen to a lot of talk radio, read the papers and follow politics. Now as far as talk radio is concerned its usually only whats on in Colorado, I have heard a bit in California but can not say I have heard everything. I would have thought any Congessperson who said this would be all over the news.

I have never heard any radio host or newspaper editor proclaim America is for Americans or the equivalent. The local rags are completely the other way.

So what are you reading, watching or listening to?

Just wondering.

Locally, The Oregonian's David Reinhard, to give one example. Nationally, folks like Charles Krauthammer. As for radio, I've been avoiding it lately, but it's hardly possible to read any article on immigration without stumbling over quotes attributed to, say, Rush Limbaugh. As to congresspeople, well, what would /YOU/ call the constant increase of the burden on immigrants, if not an attempt to keep them out and/or drive them into illegality? In the past three years, the winds have turned considerably in this country - and I do not like the direction they are blowing from... or to.

http://en.wikipedia.org/wiki/Charles_Krauthammer

French!

But could find no mention of the views being ascribed to him. Have seen him on the tele a few times, did not come across as that type.

Limbaugh, nope. I have listened to him.

Not one member of Congress?

Not aware of any constant increase of the burden on immigrants by Congress, well not in the 3 years or so since I have been here. The only real pain was with how sloooow USCIS is, but not a lot new there.

people are judgemental about your situation me think because of the following :For every illegal there is a legal suffering from this. Put yourself in the shoes of someone who ve been waiting for years for their loved ones to get a simple priority date or visa number.
I wish you all the best and hope you will achieve your goal of being together !