G-325A Help! Sponsor lived abroad illegally

[janandmatt 2]

Hello!

I (23F) am currently visiting my fiance (28M) in America. I'm from Canada! We're working on the initial I-129F Package. I feel that we have a unique situation that I haven't been able to find any information on!

My fiance came to Canada in 2010 and stayed for over a year. In that time we visited America together twice. In late 2011 we were both trying to cross the border into America. I got denied entry and we had to turn around and cross back into Canada and he got denied and got a one year exclusion order from Canada.

After the one year exclusion order was up, he came back to Canada for a visit and I went to America for a visit before he ultimately returned to Canada in 2013 and stayed for 3 years. During this time he was working under the table in Canada.

Now, he has returned to America, has started a new job and is in the process of re-establishing a life in America. We decided that it would be best for us to go through the process the right way. Since he already overstayed in Canada we decided the K-1 visa would be our best option.

Now in filling in the G-325A we're worried that his having lived in Canada for about 4 out the last 5 years and having worked in Canada illegally will be a problem? Does anyone know of a couple with a similar situation? Also, not having filed taxes for the years he was in Canada and the implication that might have down the line on the I-134 form. Any resources or threads would be welcome, I can't find anything similar. Thank you!

[baron555 934]

USCIS doesn't care about violations to other countries immigration laws, only the US regulations.

[rutabaga 209]

Is it US taxes that he didn't file? That might be an issue down the road and that's the thing I'd concentrate on fixing if at all possible.

Edited April 14, 2016 by rutabaga

[janandmatt 2]

Is it US taxes that he didn't file? That might be an issue down the road and that's the thing I'd concentrate on fixing if at all possible.

That's right, he hasn't filed US taxes. He just came back to the US about 2 months ago and started a job a week ago.

[EM_Vandaveer 2,369]

He has to file his taxes for the last 3 years. That said (I'm just throwing this out there) if you are in the US right now, you could just get married & file for your GC. However if you chose this, you could not leave the US for about 90 days after filing. So if you have a bunch of loose ends back in Canada, this is not a good option.

[janandmatt 2]

He has to file his taxes for the last 3 years. That said (I'm just throwing this out there) if you are in the US right now, you could just get married & file for your GC. However if you chose this, you could not leave the US for about 90 days after filing. So if you have a bunch of loose ends back in Canada, this is not a good option.

Thanks for the info! I'm not planning on getting married here before getting the K-1 visa because I have ties to Canada at the moment. I feel also that it would be visa fraud as I came here as a tourist and that filing for a GC once here would not have a good chance of being approved since that would have been a misrepresentation of my intentions.

[EM_Vandaveer 2,369]

Thanks for the info! I'm not planning on getting married here before getting the K-1 visa because I have ties to Canada at the moment. I feel also that it would be visa fraud as I came here as a tourist and that filing for a GC once here would not have a good chance of being approved since that would have been a misrepresentation of my intentions.

I totally understand. Just to clarify, it is fraud only if you plan it that way BEFORE you cross into the US. If you change your mind once you are here, it is perfectly legal. I did it from the VWP, I am a citizen since. Countless others here on VJ did it also.There is a forum here on VJ dedicated to AOS from Work/Tourist/other non-K visas.

Of course I understand that you have loose ends back in Canada & want to do the K-1.