Meanis

Not only she would need to know this for the process of K1 or CR1 (if thats more important for you), but also she should know it as your girlfriend, fiancé, or wife. 

If you are his wife trying to dob him in for working illegally - all I can say is if you remained married over 10 years and somehow avoided processing his paperwork there's an issue more with you than the man.  either the wife should have left him or helped with processing papers.  Not simply had 3 kids and leave him in limbo with threats.  his life is obviously messed up as he can't live in Italy or the US easily now.  If you are the wife - note he likely does have his papers sorted and is not informing you.  Its unlikely ESTA has been allowing him to visit over so many years without questioning it. 

If it's proven that he committed a crime (using a fake SSN) then he could face a fine/jail time depending on circumstances.  
The employer could also be in trouble at that point too,  if proven that he provided the fake document.
 
Another thing to note----earlier you said the wife has "never granted him a green card", and that was the main reason behind the divorce...the way you worded it sounds like she was holding his immigration status (or lack thereof) over his head at times...  He may be continuing his AOS under a VAWA waiver as well (physical/mental/emotional/financial abuse) if he has proof of that and proof of entering the marriage with bonafide intent.   
 
Of course it's all speculation at this point without hearing directly from him/the wife as to the facts.

Stop writing in ALL CAPS

Yemen is banned and this has been confirmed by the supreme court. Only waiver can help and those are rare.
Until the near future, most Yemeni will be excluded from immigrating. This is good also, as they can not be vetted.
I worked in Yemen, and you can simply buy any kind of fake paper, starting from passport to police certificate.
I fully support that people coming from countries where there is no way to verify if they are criminals or not should
not be able to immigrate to the US or any other country.

Always is.

even more specific from previous website 212a, 2 a II
 
(2) Criminal and related grounds.- 
(A) Conviction of certain crimes.- 
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of- 
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or 
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible. 
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if- 
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or 
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). 
 
 
 

even more specific from previous website 212a, 2 a II
 
(2) Criminal and related grounds.- 
(A) Conviction of certain crimes.- 
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of- 
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or 
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible. 
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if- 
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or 
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). 
 
 
 

Slow down. Meet first and see how it goes. 
 
The quickest way isn't always the best way. Especially for couple who will have only met once. Take time to compare ALL aspects of the two visa types before making a decision based purely on lust and the thrill of a new relationship. 

Make sure wife number 6 knows all about wives 1-5. 
 
Takes me back to schooldays and having to memorize Henry VIII's wives. 
 
 
 

You were ordered by the government to leave. Your wife went by choice. 
 
It's all down to poor planning on your part. You started an immigration procedure you couldn't afford to complete. You must have known the costs of this when you started? A spouse visa would have been cheaper. But what's done is done. At least you have the waiver option. 

Fill out the I130 petition with exactly what they ask for and submit it.
 
From another thread this morning I posted in reflecting two (approved) I130's because we filed twice.
 
I130:
Petition
G325A (mine)
Passport copy and BC copy (mine)
G325A (hers)
Passport copy (hers)
Marriage book copy (which is the legal document we got when we got married)
Translation of the marriage book copy (from a random local translator we paid)
Photos - passport size
Check for payment
 
I think that today there are a couple of other things they ask for.  Something about social media accounts now?  That's a new one to me.
 
If you want to add something throw in a couple of wedding photos.  Proof of relationship is established when you exchange rings.  This isn't a K1 application and we seem to be lately tying all the evidence of all the steps of the whole immigration process together and confusing each other as to what gets submitted when.
 
The extra proof of relationship that the I130 is asking for relates to non-immigrant visa -----> AOS submittals where the immigrant has been living in the US.  It is not possible and they do not expect couples across borders where the beneficiary has never lived in the US to submit evidence of joint / co-mingling of assets. 
 
They want to know:
Are you a criminal?
Have you participated in prohibited activities?
Are you medically fit?
Were you legally eligible to get married?
Are you legally married?
Can the USC sponsor the beneficiary?
Is there potential to become a public charge?
 
IF they want to discuss your relationship they'll ask you about it at the interview - months down the road.  USCIS processors do not want to discuss your relationship.  They want to check you against their list of eligibility requirements and the I130 petition and instructions advise you what to send in so that they can do it.

They took much evidence but the co  didn't look at them
She visited him one time
His wife tall English and but he doesn't speak it much he just learning. 
 

Here is previous thread concerning the OP:  Very interesting case.
 
 

Tell us your gripes, fears, hopes. (And we'll quickly put you down.)
All are welcome -- chew the fat her, pass the time.
 
A brief history of this thread: it started off as a place for VJers to rant, vent, talk. It has evolved into an everyday friendly conversation.
 
THE RULES of the thread, from the undersigned.
 
1. We like each other here. So don't be a jerk..
2. No Facebook links.
3. This thread is not for debates, not for fighting.
4.. This is a conversation. Keep it light-hearted.
5.. If you see antagonists, just put them on ignore.
6. Many. If you think that your stinkiness don't stink, please stay out.
7. Not everyone on the planet is going to agree with you, so don't push issues.
8. Please don't push your political and religious beliefs here.
9. If you don't like the people here, please don't post here. VJ is full of other threads.
10. Please don't post anything that'll link anything to your identity. We've had problems in the ancestral threads.
11. Have a sense of humor, don't be such a stiff. Remember? humor?
 
Don't take anything personally, half of the stuff said here is just jive (In the case of T-Bone, it's 100% jive).
 
From SAT, the OP.
This thread is politically incorrect. Come in come in, rant away. Let us tell you how to suffer. Let us make fun of you..
 
 

Your relationship actually puts her ROC into a complicated mess. As stated above, her ROC was filed as a joint petition which means that basically she's claiming that her marriage is ongoing in good faith. Having a boyfriend already makes proving a good faith marriage much harder. If I do my math right, she probably applied for ROC when she was at least 8 months pregnant... And if she got pregnant at the very start of cheating on her husband with you, that means that at most she only had her green card 16 months before moving on to you. And as much as we'd like to think that children are good evidence, all it proves is that you had sex. And if one of her children turn out to be illegitimate, that would make me question the paternity of ALL her kids. So you getting a paternity test will cause a headache for your girlfriend if USCIS finds it... Even if that child turns out not to be yours. And if her husband finds out that she's cheating, she'll most likely have to divorce him and file with a waiver because if not, she needs him to show up at the interview and swear it is a good faith marriage... Not something I'd be too happy to do if I'd just found out my wife was a cheater and my children might not actually be mine.

If you want the absolute best, cost be damned, you may want to look at Carl Shusterman: https://www.shusterman.com/ 
 
He, or one of his associate attorneys, would probably run you into the tens of thousands, but he may be the leading immigration attorney practicing in the US today.
 
There is also Laurel Scott and Lizz Cannon that come to mind, though they are more waiver attorneys than AWA. Perhaps there's something they could do for you though.
 
Be aware that it's going to be an uphill battle to overcome an AWA-related inadmissibility, and will cost you thousands of dollars in lawyers fees with no guarantee of success. Most attempts to overcome an AWA NOID fail, and you may wish to look into living together in a third country as a viable alternative.

Your ESTA status still says "eligible" because you haven't updated it. The terms and conditions state that if any of your answers to the questions have changed, you must go online and amend it. One if the questions is "have you ever overstayed?" Since the answer is now "yes" you must say so and then the VWP privilege will be removed from you. Forever. You will now have to apply for a B-1/B-2 but with a recent long overstay (you stayed 9 months - you will also come under the radar for the IRS now) I don't fancy your chances of approval much. You have already shown that you can't follow the rules so why should they extend another privilege to you? 
 
 
 
 

Oh how I wish VJ would change it's T&C to allow relationship/marriage advice!

Obviously a long shot, no downside trying.

If the Lawyer knew about his Criminal History, sack them and find one that knows what they are doing.
 
A well prepared waiver has a very high success rate, the overall numbers include those written on the back of the proverbial ** packet.

Were you a US citizen when she was born?
 
It does not matter if the mother does not want anything to do with you. You have to prove and acknowledge paternity. Also, you can also do this as long as she is under 18 so you should definitely move on this.
 
Here is from USCIS:
A blood relationship between the person and the father is established by clear and convincing evidence, The father had the nationality of the United States at the time of the person’s birth, The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and While the person is under the age of 18 years one of the following occurs: The person is legitimated under the law of the person’s residence or domicile The father acknowledges paternity of the person in writing under oath, or The paternity of the person is established by adjudication of a competent court 

Go online and make an infopass appointment. The people on the phone are just a call center... They don't seem to actually know anything. If you make an appointment to go into your local USCIS office they may be able to actually help you. Something has gone wrong and the call center employees clearly can't figure it out.

I know it's hard to believe... but I have a lot of friends married to, dating, or interested in dating foreign women... and on that outside edge of that friend group are a bunch of guys salivating to find a beautiful foreign wife. They're fed up with dating American women and believe that a foreign wife will make all the difference, will be younger, beautiful, not fight, all sorts of things... and anyway, my point is that hope blinds them to A LOT of red flags that they ignore and become easy targets for scammers. And the sad thing is, when you try to do them a favor and point it out, they rebuff you and double down... they don't want anything to burst their bubble.
 
We could go on for days talking about that and the psychology around it and what's right and wrong, but my point is that there are a ton of people out there "on a mission" to find someone to marry, and that makes them easy targets.
 
I can totally believe this is a real post, by a person who kept holding out hope despite was were obvious red flags to anyone else.

To me it would be a no-brainer.  Immediate divorce, withdraw sponsorship and tell her I'd go with her to the interview to support her  so she'd let me know when it was, (assuming it's before the divorce) and then tell them the truth once there.  Even bringing printed texts to show she's a conniving cheat and played you and the USCIS.   Not sure the timing of how this will play out as to which would happen first.  But if someone took away my availability to be in a loving marriage, cost me the money and energy to get a visa and played me like that and didn't care about me, I would do all that and sleep good knowing I did the right thing.