20+ year B-2 visa overstay, now married to US citizen

[Lucas Janer 0]

I have a basic understanding of Petition for Alien Relative and Adjustment of Status, etc forms and processes. I am asking as the beneficiary, having recently married a US citizen.  What will USCIS ask about my overstay of more than 20 years?  What complications will arise?  I have no criminal record or legal issues at all other than those related to immigration status.  My spouse has sufficient income required to show ability to provide support.  Other than my I94 and some visits to my consulate to keep my passport current, there may be no official documentation that I’ve been in the US for 20 years, including no banking, no tax or employment records, no lease, no driver license, etc. I’ve supported myself through sporadic part time work paid in cash and some support from my family overseas – only ever enough to get by.  At times I’ve lived with friends and previous romantic partners who didn’t charge me rent. At times I lived in sublets with people in similar status where I paid minimal rent.  I’ve known my spouse through mutual friends for many years but in the past few years became romantically involved and got married. We’re a same sex couple so for me marriage to anyone wasn’t possible until 2015. What are the risks to me and my spouse?

[NikLR 13,220]

Strangely none provided the relationship is genuine.  Overstay is ignored for USC spouses. Even overstay of 20+ years. 

[payxibka 10,044]

16 minutes ago, Lucas Janer said:

I have a basic understanding of Petition for Alien Relative and Adjustment of Status, etc forms and processes. I am asking as the beneficiary, having recently married a US citizen.  What will USCIS ask about my overstay of more than 20 years?  What complications will arise?  I have no criminal record or legal issues at all other than those related to immigration status.  My spouse has sufficient income required to show ability to provide support.  Other than my I94 and some visits to my consulate to keep my passport current, there may be no official documentation that I’ve been in the US for 20 years, including no banking, no tax or employment records, no lease, no driver license, etc. I’ve supported myself through sporadic part time work paid in cash and some support from my family overseas – only ever enough to get by.  At times I’ve lived with friends and previous romantic partners who didn’t charge me rent. At times I lived in sublets with people in similar status where I paid minimal rent.  I’ve known my spouse through mutual friends for many years but in the past few years became romantically involved and got married. We’re a same sex couple so for me marriage to anyone wasn’t possible until 2015. What are the risks to me and my spouse?

None really.   A few questions but that's about it 

[HRQX 4,145]

15 minutes ago, Lucas Janer said:

I have no criminal record or legal issues at all other than those related to immigration status.

As long as you haven't made a false claim of US citizenship you are fine: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Quote

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

• The applicant is now employed or has ever been employed in the United States without authorization; 

• The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

• The applicant has ever violated the terms of his or her nonimmigrant status.

 

[Nat&Amy 623]

The only struggle I see (with all your financial transactions been done under the table) is what kind of evidence you will provide of financial commingling, cohabitation, etc. In other words: what do you have to show as evidence of relationship? 

[Lucas Janer 0]

8 minutes ago, Nat&Amy said:

The only struggle I see (with all your financial transactions been done under the table) is what kind of evidence you will provide of financial commingling, cohabitation, etc. In other words: what do you have to show as evidence of relationship? 

Thanks for the replies, everyone.

 

Our marriage is 100% real and we've begun building, quite naturally, that evidence.  Our concern is the 20+ years before marriage where I have nothing/no one to provide evidence of how I lived here for 20 years.  Most people I had contact with would not want to talk to USCIS nor would I want to or could I identify past roommates, boyfriends, "employers" (in quotes because I never had a "documented" employee/employer relationship - only under the table), etc.  Won't USCIS investigate my 20 years and ask lots of questions?

[Crazy Cat 39,658]

I assume you originally entered the US legally.  Either way, you are in danger of removal until you file a proper I-485.

Edited September 20, 2020 by Lucky Cat

[Nat&Amy 623]

39 minutes ago, Lucas Janer said:

Thanks for the replies, everyone.

 

Our marriage is 100% real and we've begun building, quite naturally, that evidence.  Our concern is the 20+ years before marriage where I have nothing/no one to provide evidence of how I lived here for 20 years.  Most people I had contact with would not want to talk to USCIS nor would I want to or could I identify past roommates, boyfriends, "employers" (in quotes because I never had a "documented" employee/employer relationship - only under the table), etc.  Won't USCIS investigate my 20 years and ask lots of questions?

It's not going to look good, but overstay and illegal work are forgiven for spouses of US citizens so you are not going to get a denial for that. They can ask questions, of course. And depending on the officer you get, yes, you are going to get asked a lot of questions because they will be trying to catch you lying - and lying can and will get you a denial, so always tell the truth.

[Orangesapples 1,954]

1 hour ago, Lucas Janer said:

Thanks for the replies, everyone.

 

Our marriage is 100% real and we've begun building, quite naturally, that evidence.  Our concern is the 20+ years before marriage where I have nothing/no one to provide evidence of how I lived here for 20 years.  Most people I had contact with would not want to talk to USCIS nor would I want to or could I identify past roommates, boyfriends, "employers" (in quotes because I never had a "documented" employee/employer relationship - only under the table), etc.  Won't USCIS investigate my 20 years and ask lots of questions?

Unlikely to be a problem unless you were involved in criminal activity or you claimed to be a US citizen. 

 

If I remember correctly, there is a question about your work history on one or both of them forms, you should provide this even if the work was under the table - hopefully the jobs were not stuff like drug dealing or human trafficking. I am not aware of USCIS ever asking about past boyfriends or roommates unless they are somehow relevant to your marriage or your criminal history, which doesn't seem to be the case. 

Edited September 20, 2020 by Orangesapples

[JFH 12,189]

I find it interesting that you claim “no criminal record or legal issues” other than your illegal status but then make mention of illegal working. That is a “legal issue”. It won’t cause a problem for your AOS, unless it was criminal activity such as smuggling. But it’s still illegal to work on a B-2 visitor visa. You must declare this work on your forms. If you’ve managed 20 years without being caught, you’ve been lucky. But theoretically until the I-485 paperwork is accepted by USCIS and a receipt generated, you could be deported. Will that happen? Unlikely. But it’s possible. 

[INF 96]

Wow! 20 years? Are you Canadian? I’m shocked ICE didn’t come looking for you! Glad too! 

[African Zealot 1,453]

55 minutes ago, INF said:

Wow! 20 years? Are you Canadian? I’m shocked ICE didn’t come looking for you! Glad too! 

Thousands of people like OP. Tens of thousands if not millions. For all the noise ICE makes the vast majority of overstayers/undocumented are flying under the radar.

[Lucky2Lucky 2,526]

1 hour ago, INF said:

Wow! 20 years? Are you Canadian? I’m shocked ICE didn’t come looking for you! Glad too! 

Most likely not Mexican.. 

[usmsbow 796]

1 hour ago, Luckycuds said:

Most likely not Mexican.. 

There are plenty of Mexicans and Central Americans who have flown under the radar. 

 

Here is an article in the NY Times about some employees at a bar in Oakland, CA. One of the employees, from Mexico, has been here since 1998. Another from Guatemala became a legal resident last year, but sounds like he was here illegally for over a decade. 

 

https://www.nytimes.com/2020/06/11/business/coronavirus-california-lockdown-small-business.html

 

And that's just 1 small bar in Oakland. I imagine that's par for the course for many in the bar/restaurant industry.

 

 

[jlc201 47]

And most important: DO NOT LEAVE THE COUNTRY UNTIL YOUR STATUS IS LEGALIZED. Otherwise, you will trigger a hefty ban and be barred from returning for 10 years, regardless of your marriage.