If someone marries an illegal immigrant

[GabachaYucateca 0]

Going home and saying that he never entered the US is the fastest way to a lifetime ban with no possibility to file a waiver. "doing it right" would be fessing up and being honest about his illegal entry and subsequent illegal presence.

Perhaps but in the current climate, they're in for a very hard time. It's not like he overstayed. He entered illegally with the intent to immigrate.

I'm just speculating here, and of course have no way of knowing, but I say that he no doubt uses false identities, perhaps false SSN's to gain employment, all of which he's going to have to "fess up" about to USCIS, and some of which is criminal, and again in the current climate, I think that the act of submitting the petition will prompt the USCIS to notify the INS.......If they contact him, they will no doubt want to know "who" he is, and how he came to live here for so long.....

I'll bet that this isn't a simple case that's just a matter of somebody that's illegally immigrated but there's possibly some criminal behavior in addition; forgery, identity theft, and possibly more.

In "fessing" up he's liable to find himself in more hot water than he ever contemplated, and if he's deported he'll get that lifetime ban to boot!

Like I said, perhaps it's best for him to go home and then they can "work" the details to bring him here legally.........

If he went home, they would still have to file a waiver. I have followed the cases of dozens and dozens of people who have filed waivers on behalf of their spouses who were illegally present in the US.

With all due respect, the statements that you've made show that you know little to nothing about the waiver process.

Encouraging him to lie is the worst possible advice ever. He will be found out. Whereas, if she petitions for him (whether he's in the US, Guatemala, or Guam), he will have to returnt o Gaute for the interview, at which the visa will be denied because of his illegal presence and he will be told whether or not he is eligible for the waiver. He will then wait in Guate, and his family member will be notified when the waiver has been adjudicated.

[mawilson 2,133]

Encouraging him to lie is the worst possible advice ever. He will be found out.

Really? Are you saying that no-one has ever gotten away with lying to a consular officer?

People lie to USCIS all the time. Don't be all holier-than-thou and pretend that they don't or that they always get "found out."

[Peikko 1,575]

I think as far as this forum goes, the advice is sound. Any deviance from telling the truth should be discussed off site.

[GabachaYucateca 0]

Encouraging him to lie is the worst possible advice ever. He will be found out.

Really? Are you saying that no-one has ever gotten away with lying to a consular officer?

People lie to USCIS all the time. Don't be all holier-than-thou and pretend that they don't or that they always get "found out."

Holier than thou? I'm sorry that I came across that way, as I didn't intend to.

But lying about where you spent a big chunk of your life is bound to get you caught. Especially when the waiver process exists so that unlawful presence can be forgiven vis-a-vis marriage to a USC.

[kaydee457 13]

Going home and saying that he never entered the US is the fastest way to a lifetime ban with no possibility to file a waiver. "doing it right" would be fessing up and being honest about his illegal entry and subsequent illegal presence.

Perhaps but in the current climate, they're in for a very hard time. It's not like he overstayed. He entered illegally with the intent to immigrate.

I'm just speculating here, and of course have no way of knowing, but I say that he no doubt uses false identities, perhaps false SSN's to gain employment, all of which he's going to have to "fess up" about to USCIS, and some of which is criminal, and again in the current climate, I think that the act of submitting the petition will prompt the USCIS to notify the INS.......If they contact him, they will no doubt want to know "who" he is, and how he came to live here for so long.....

I'll bet that this isn't a simple case that's just a matter of somebody that's illegally immigrated but there's possibly some criminal behavior in addition; forgery, identity theft, and possibly more.

In "fessing" up he's liable to find himself in more hot water than he ever contemplated, and if he's deported he'll get that lifetime ban to boot!

Like I said, perhaps it's best for him to go home and then they can "work" the details to bring him here legally.........

If he went home, they would still have to file a waiver. I have followed the cases of dozens and dozens of people who have filed waivers on behalf of their spouses who were illegally present in the US.

With all due respect, the statements that you've made show that you know little to nothing about the waiver process.

Encouraging him to lie is the worst possible advice ever. He will be found out. Whereas, if she petitions for him (whether he's in the US, Guatemala, or Guam), he will have to returnt o Gaute for the interview, at which the visa will be denied because of his illegal presence and he will be told whether or not he is eligible for the waiver. He will then wait in Guate, and his family member will be notified when the waiver has been adjudicated.

Well, I've been dealing with the U.S. Government all my life and can tell you that the USCIS are amateurs compared to the military, and defense industries in terms of investigations.

Try applying for a DISCUS Top Secret clearance, lol.

Anyway, I find your post somewhat naive. They (the USCIS) don't have superpowers, and I say that what they don't know isn't going to lead to the chaos that you portend to "know" as the path they should take.......

Filing for a waiver I'm quite familiar with as I've perused these forums for many years now. I'll reiterate. This is not the same circumstance as an overstay whereby the spouse had legal status at one time and continues in employment, pays taxed, etc.

This is an illegal alien that no doubt has lived on the fringe of the law since entering, never having had legal status, ever.

I can guarantee you that his stay here will be scrutinized and he'll have to demonstrate how he subsided for so long without using false identities.

To the OP. Take it for what it's worth, this advice is free, and of course could be totally wacko

........

[Caladan 19]

Encouraging him to lie is the worst possible advice ever. He will be found out.

Really? Are you saying that no-one has ever gotten away with lying to a consular officer?

People lie to USCIS all the time. Don't be all holier-than-thou and pretend that they don't or that they always get "found out."

People lie, but this is a big one to pull off.

Is the guy going to sneak back illegally, too? Because if he takes a plane, there's going to be a record of him leaving the country. And establishing a bona fide relationship is going to be tricky given that the couple would have to construct an entire history of how they met. So she'll have to fly down there to get some receipts and such. I'm not going to bet that the guy doesn't slip up and mention he's met her family, or that he knows her really well, especially if the CO starts pressing him on whether their relationship is real, since they're getting married after one meeting. Not to mention that it involves not just omitting to mention things to the CO, but actively constructing a written history on the G-325A. Where's he been working all these years?

kaydee, with respect, you're not really clear on some issues here. Having worked illegally is not grounds for a ban from the country, and it's not a bar for AOS based on marriage. One does not necessarily incur a lifetime ban for being deported; it depends on any number of things, including how the person got here, under what circumstances they came to the attention of ICE, whether they were permitted voluntary departure, etc. And the guy isn't under any kind of deportation proceedings.

The only issue here, assuming he hasn't been convicted of any crimes, will be the EWI. That's something plenty of people have received waivers for based on a hardship to the USC. It's a tough process, but one that's likely a safer bet, and has the advantages of being completely legal!

[GabachaYucateca 0]

Going home and saying that he never entered the US is the fastest way to a lifetime ban with no possibility to file a waiver. "doing it right" would be fessing up and being honest about his illegal entry and subsequent illegal presence.

Perhaps but in the current climate, they're in for a very hard time. It's not like he overstayed. He entered illegally with the intent to immigrate.

I'm just speculating here, and of course have no way of knowing, but I say that he no doubt uses false identities, perhaps false SSN's to gain employment, all of which he's going to have to "fess up" about to USCIS, and some of which is criminal, and again in the current climate, I think that the act of submitting the petition will prompt the USCIS to notify the INS.......If they contact him, they will no doubt want to know "who" he is, and how he came to live here for so long.....

I'll bet that this isn't a simple case that's just a matter of somebody that's illegally immigrated but there's possibly some criminal behavior in addition; forgery, identity theft, and possibly more.

In "fessing" up he's liable to find himself in more hot water than he ever contemplated, and if he's deported he'll get that lifetime ban to boot!

Like I said, perhaps it's best for him to go home and then they can "work" the details to bring him here legally.........

If he went home, they would still have to file a waiver. I have followed the cases of dozens and dozens of people who have filed waivers on behalf of their spouses who were illegally present in the US.

With all due respect, the statements that you've made show that you know little to nothing about the waiver process.

Encouraging him to lie is the worst possible advice ever. He will be found out. Whereas, if she petitions for him (whether he's in the US, Guatemala, or Guam), he will have to returnt o Gaute for the interview, at which the visa will be denied because of his illegal presence and he will be told whether or not he is eligible for the waiver. He will then wait in Guate, and his family member will be notified when the waiver has been adjudicated.

Well, I've been dealing with the U.S. Government all my life and can tell you that the USCIS are amateurs compared to the military, and defense industries in terms of investigations.

Try applying for a DISCUS Top Secret clearance, lol.

Anyway, I find your post somewhat naive. They (the USCIS) don't have superpowers, and I say that what they don't know isn't going to lead to the chaos that you portend to "know" as the path they should take.......

Filing for a waiver I'm quite familiar with as I've perused these forums for many years now. I'll reiterate. This is not the same circumstance as an overstay whereby the spouse had legal status at one time and continues in employment, pays taxed, etc.

This is an illegal alien that no doubt has lived on the fringe of the law since entering, never having had legal status, ever.

I can guarantee you that his stay here will be scrutinized and he'll have to demonstrate how he subsided for so long without using false identities.

To the OP. Take it for what it's worth, this advice is free, and of course could be totally wacko

........

I truly know the difference between those who never had legal status here and those who overstayed and then adjusted status based on marriage to a USC. And thousands of people who entered w/out inspection go through the waiver process al the time successfully. So I just don't understand why someone would make the recommendation to return to one's country and lie about ever having been illegally in the US when there is a remedy.

[mawilson 2,133]

People lie, but this is a big one to pull off.

Is the guy going to sneak back illegally, too? Because if he takes a plane, there's going to be a record of him leaving the country. And establishing a bona fide relationship is going to be tricky given that the couple would have to construct an entire history of how they met. So she'll have to fly down there to get some receipts and such. I'm not going to bet that the guy doesn't slip up and mention he's met her family, or that he knows her really well, especially if the CO starts pressing him on whether their relationship is real, since they're getting married after one meeting. Not to mention that it involves not just omitting to mention things to the CO, but actively constructing a written history on the G-325A. Where's he been working all these years?

I'm not saying it's easy - just that maybe it's easier than the waiver route, if done right.

Of course they'd have to rewrite history and get their stories straight, but it's not rocket

science - you come up with a story and stick to it no matter what. Requires discipline, that's all.

As for sneaking back... I don't know how. The guy managed to sneak in here, I imagine

sneaking back is easier.

[Caladan 19]

EWI isn't a crime of moral turpitude and as a result is considered one of the 'easier' reasons to need a waiver. You still need one, it's not easy, but it's not like trying to get a convicted murderer back into the U.S.

Laurel Scott's run numbers on this based on her own cases and the approval rate for someone in Latin America, excluding Mexico, who needs a waiver due to EWI and doesn't have any deportation complications and the like: 85% Link here.

It's just her cases, of course, and she's a well-known lawyer in these circles, but she does note that she thinks this is a reliable sense of one's own chances. Think the chances that they don't poke holes in the backstory are greater than 1 in 5?

[kaydee457 13]

People lie, but this is a big one to pull off.

Is the guy going to sneak back illegally, too? Because if he takes a plane, there's going to be a record of him leaving the country. And establishing a bona fide relationship is going to be tricky given that the couple would have to construct an entire history of how they met. So she'll have to fly down there to get some receipts and such. I'm not going to bet that the guy doesn't slip up and mention he's met her family, or that he knows her really well, especially if the CO starts pressing him on whether their relationship is real, since they're getting married after one meeting. Not to mention that it involves not just omitting to mention things to the CO, but actively constructing a written history on the G-325A. Where's he been working all these years?

I'm not saying it's easy - just that maybe it's easier than the waiver route, if done right.

Of course they'd have to rewrite history and get their stories straight, but it's not rocket

science - you come up with a story and stick to it no matter what. Requires discipline, that's all.

As for sneaking back... I don't know how. The guy managed to sneak in here, I imagine

sneaking back is easier.

This is certainly the route of least resistance.......There's no scrutiny crossing the border into Mexico. Going home, and then having his GF join him after sometime, is the best way to proceed.

I did preface this with the assumption that he has no criminal record, or any other "hard" evidence that demonstrates he resided here to begin with. This assumes that he's using an alias here, which he probably is……..

They would have to meet all the requisite requirements for a K3 following that. I don't advocate they marry impromptu, but have the "normal" elapsed time courtship, with documentation, and then marry.

She can at that time proceed with a K3.

You're right, this isn't rocket science! Going the other route, you're behind before you ever get started and IMO, he'd be deported replete with ban regardless of his marriage to a USC.

Anyone remember the woman holed up in a church in Chicago, deported to Mexico ignoring her USC children?

What makes anyone think that marriage to a USC will make this case any different?

That's the climate we're in now.

Edited April 20, 2008 by kaydee457

[Caladan 19]

Because U.S. law specifically allows for the filing of a waiver of unlawful presence under certain circumstances, including marriage to a USC? And EWIs overall generally have a high waiver approval rate, even if they worked illegally?

Assuming the guy's eligible (one EWI), the guy will go home, file for a K-1 or K-3, and be denied. Then they'll file the necessary waiver, and he stands a very good chance of coming back. And he'll be clean, and have no need to worry.

[Caladan 19]

e.g., the difference between him and the woman in Chicago was that she was a multiple EWI, under deportation proceedings, and her immediate relative didn't have the standing to file.

Otherwise, exactly the same as a single EWI not under deportation proceedings with a bonafide relationship! Um.

[mawilson 2,133]

Assuming the guy's eligible (one EWI), the guy will go home, file for a K-1 or K-3, and be denied. Then they'll file the necessary waiver, and he stands a very good chance of coming back. And he'll be clean, and have no need to worry.

But why confess to a crime when you don't have to?

Let's say you stole an expensive painting from a museum and replaced it with a fake.

Two years later, you realise it's wrong and want to return the painting. Should you

1) go to the police, confess and surrender the painting, or 2) break into the museum

again and put it back? I think option 2 makes more sense - if no-one noticed the

switch, no harm done.

Back to our illegal alien - he can try and sneak back into Mexico. If he gets caught,

he will always have the "legal" waiver option. Not so the other way around.

[Caladan 19]

Assuming the guy's eligible (one EWI), the guy will go home, file for a K-1 or K-3, and be denied. Then they'll file the necessary waiver, and he stands a very good chance of coming back. And he'll be clean, and have no need to worry.

But why confess to a crime when you don't have to?

Let's say you stole an expensive painting from a museum and replaced it with a fake.

Two years later, you realise it's wrong and want to return the painting. Should you

1) go to the police, confess and surrender the painting, or 2) break into the museum

again and put it back? I think option 2 makes more sense - if no-one noticed the

switch, no harm done.

Back to our illegal alien - he can try and sneak back into Mexico. If he gets caught,

he will always have the "legal" waiver option. Not so the other way around.

In your hypothetical example, is their a legal Stolen Artwork Return program with a sky-high approval rate, and would I have to get my spouse to help break in?

Nah. If he gets caught sneaking out, he's now just complicated his situation, especially if they put him into deportation proceedings. And that's not the end of it. They'll have to wait and establish their bonafide relationship because they're going to pretend they just met, and if they get caught, he's not coming back ever and she could face jail time.

Do it the legal way, and there's a risk they don't get approved. But it also means that when the ban is up, three or ten years down the road, they can reapply and get approved, should they choose. Do it your way, and if they get caught, they're done.

[mawilson 2,133]

Nah. If he gets caught sneaking out, he's now just complicated his situation, especially if they put him into deportation proceedings. And that's not the end of it. They'll have to wait and establish their bonafide relationship because they're going to pretend they just met, and if they get caught, he's not coming back ever and she could face jail time.

How is it getting caught crossing the border any worse than confessing to crossing the border earlier?

Also, time apart is an important factor. The USC can file the I-129F while the alien is

still here, and they can wait together for its approval. Once the case is approved and

forwarded to the consulate in Guatemala, he can sneak back out, go straight to the

Consulate and get his K-1.

Dunno, maybe I've been watching "Prison Break" too much

Edited April 20, 2008 by mawilson