Brazilian illegal in US wanting to wed US citizen

[Clarky and Tarah 0]

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

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.

[athena_ny 1]

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!

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.

[andi598d 0]

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!

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.

[athena_ny 1]

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!

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.

[Boiler 47,452]

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.

[andi598d 0]

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.

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.

[Boiler 47,452]

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.

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 anbed/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.

[maore 0]

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 !