wonderfully_made

Thank you for your opinion.  While I disagree, I appreciate you taking the time to reply since it was important to you to share that.  I disagree that each day he remains he is making things worse; there is actually nothing that supports that statement, but everyone can have his opinion.  
 
I came here to get advice from people who have more knowledge on this than I do, not to violate any rules or have anyone encourage us to do something illegal.  Rather we are trying to find out the best option for our family.  I'm not sure why one would be so hateful to someone trying to learn the best way and right way to handle a situation that directly impacts their family. 

No he is NOT using someone else's SSN to pay taxes. I'm not sure what the "pay taxes" is about, but he has always paid taxes.  Just because someone doesn't have a SSN, doesn't mean they don't or can't pay taxes.  This is inaccurate information that people who are not educated about this situation often believe.  The IRS issues undocumented people ITIN's just so they can file taxes.  Ironic, huh, they aren't allowed to be here and can't get benefits, but the government will be sure to take as much money as possible and doesn't make them leave?  No he isn't using fake ID's either.  
 
Thanks for your opinion.  

Thanks so much for the reply.  It is refreshing to hear someone with a more similar situation has been successful.  Congrats to your uncle!  I would love to know the attorney that helped him if you don't mind sharing, even in a private message if possible.  Thanks again; I'll check out the link! 

Yes, I understand immigration does; however, I'm just pointing out some of the many double standards of the immigration laws.  If undocumented people are arrested, they are not always deported. I just wish it was more black and white.  If they aren't allowed, then why allow them to be here and not always deport if it is "illegal" and why give them access to pay taxes if they shouldn't be working? These are really rhetorical; I just think there are so many double standards.  
 
Yes; however, since he is self-employed and pays taxes, there is no additional requirement for us is what I mean.  When I said no employer, I meant no other company. I should have been more specific; I was just given access to reply to everyone (apparently I exceeded my 24 hour limit yesterday since I'm a newbie) and was trying to rush through and get caught up!  
 
Thank you again! 

The person posting is a USC  asking what the possible immigration paths are for their spouse.  Nothing against the TOS for asking and advising on  how to get on the right path no matter how sideways they are at the moment.   Against the TOS would be advising places to cross the border or to tell them to lie or continue on the wrong path .   VJ regularly helps people that overstay visa or "happen" to get married on a visitors visa.  If you think a thread is against the TOS use the report button.    

He's been filing taxes...

You should post in immigrate2us.net, a forum that specializes in waivers.
 
For the I-601A, you apply for the CR-1 (if married less than 2 years) or IR-1 (2+ years of marriage) starting with the I-130. That's approved, and then you do the waiver that only waives the 3/10 year bans for illegal presence. It could theoretically be approved and then the immigrant travels to the interview only to be denied due to another inadmissibility that wasn't caught.
 
The posts about whether he filed taxes, how he was "approached at customs", etc are incorrect. USCIS doesn't arbitrarily apply bans based on whether they think you're a good person or some subjective values. They have to follow the statues. Bars aren't discretionary.
 
The concern is he seems to have a 9C ban, which is a lifetime ban for which there's a waiver after 10 years out of the US.
 
DO NOT have him leave the US to apply for anything until you have definite answers. I would post on immigrate2us.net and do consults with multiple attorneys who specialize in waivers. Not all immigration attorneys do this, which also may be a source of conflicting information.