marrying someone who has overstayed

[americanbride 0]

My fiance came to the US as a minor and overstayed his visa for almost 2 decades. He has the original paperwork to prove he didn't jump a fence or anything. He has a legitimate social security card that is not valid for work. However, he has used a doctored electronic copy of this card with the INS permission required part removed. He also previously used a fake SS card to work, and on his college and work applications he signed that he was a US citizen. His taxes are taken from his paycheck, but he doesn't file. We'd be happy to file (and actually he'd probably get some money back).

I am an American citizen. We don't have any children yet and aren't planning on any for a few years, but this is definitely not a sham marriage.

From what I've read in an outdated immigration book, I learned that if he marries me in the US, his overstay could be forgiven. He hasn't been convicted of any crimes, so I believe he will be eligible for a temporary green card, then a permanent green card, and eventually citizenship. I also read that he won't be allowed to leave the country until he receives a temporary or permanent green card, or he would be subject to a 10 year bar from entering the country and might possibly be barred forever.

We are planning to get a lawyer anyway, but I am very worried about his prior claims that he is a US citizen and also his forged documents. Does anyone have experience with this situation?

Thanks!

[YuAndDan 153]

Consult a good immigration attorney!

You are very correct about the 10 - Life bar, the government may also want back taxes.

Edited September 14, 2006 by YuAndDan

[rebeccajo 14]

***ten-foot pole***

Please consult an attorney.

[americanbride 0]

aw that makes me want to cry.

***ten-foot pole***

Please consult an attorney.

[rebeccajo 14]

aw that makes me want to cry.

***ten-foot pole***

Please consult an attorney.

It just means that your situation is more complex than we should be answering.

[JenT 0]

Sorry... Rebecca is right. Stock up on some Kleenex. You may be in for a rough time. The overstay is a huge issue, but the fact that he intentionally lied, falsified documents, and misrepresented himself will be a huge obstacle to overcome, if he even can.

If you are that serious about him, you'd better be prepared for the possibility of having to live in Mexico.

Jen

aw that makes me want to cry.

***ten-foot pole***

Please consult an attorney.

[rebeccajo 14]

Jen....it simply means it's complex. Nothing more.

My post was as much an implied warning to others thinking of posting as is it to the OP that she shouldn't rely on answers here.

[JenT 0]

Jen....it simply means it's complex. Nothing more.

My post was as much an implied warning to others thinking of posting as is it to the OP that she shouldn't rely on answers here.

Even so, I stand by what I said. Consider it an elaboration of your implication of 'complex'. But I completely agree about the need for an *** experienced *** attorney in this case.

Jen

[meauxna 15]

My fiance came to the US as a minor and overstayed his visa for almost 2 decades. He has the original paperwork to prove he didn't jump a fence or anything. He has a legitimate social security card that is not valid for work. However, he has used a doctored electronic copy of this card with the INS permission required part removed. He also previously used a fake SS card to work, and on his college and work applications he signed that he was a US citizen. His taxes are taken from his paycheck, but he doesn't file. We'd be happy to file (and actually he'd probably get some money back).

I am an American citizen. We don't have any children yet and aren't planning on any for a few years, but this is definitely not a sham marriage.

From what I've read in an outdated immigration book, I learned that if he marries me in the US, his overstay could be forgiven. He hasn't been convicted of any crimes, so I believe he will be eligible for a temporary green card, then a permanent green card, and eventually citizenship. I also read that he won't be allowed to leave the country until he receives a temporary or permanent green card, or he would be subject to a 10 year bar from entering the country and might possibly be barred forever.

We are planning to get a lawyer anyway, but I am very worried about his prior claims that he is a US citizen and also his forged documents. Does anyone have experience with this situation?

Thanks!

While you might turn up some stories online, I've never seen them at this website. It's sufficiently complex that cases like yours take years to resolve, and people just don't post all about it online.

I've bolded the things I think you have issues with. You might look up a lawyer called Laurel Scott. If she can't take your case, ask her for a referral.

Point for you: Fiance's age now is important. time under age 18 is not judged as harshly.

google the group alt.visa. us.marriage-based for 'jerome' + emily. It's the closest case I can think of to yours, and they did succeed. Hang in there.

[Boiler 45,949]

Where on earth do you get this information from?

Overstays are forgiven on adjustment through marriage to a USC.

The only issue I see is the possibility that he may have through impersonating a USC, but it does not seem to have been to the Federal authorities for Immigartion benefit, using a forged SSN is not exactly unusual, at least it was his own..

I would certainly go with the Lawyer, there may be other relevant snippets that need to be explored.

Link for Laurel:

http://www.visacentral.net/

Sorry... Rebecca is right. Stock up on some Kleenex. You may be in for a rough time. The overstay is a huge issue, but the fact that he intentionally lied, falsified documents, and misrepresented himself will be a huge obstacle to overcome, if he even can.

If you are that serious about him, you'd better be prepared for the possibility of having to live in Mexico.

Jen

aw that makes me want to cry.

***ten-foot pole***

Please consult an attorney.

[JenT 0]

As Rebecca said, you will receive a variety of opinions from us. Treat them as such and go investigate your own facts.

Best wishes,

Jen

[Boiler 45,949]

As Rebecca said, you will receive a variety of opinions from us. Treat them as such and go investigate your own facts.

Best wishes,

Jen

Scaring people when you really do not know is a bit much in my book.

Another site worth looking at is Immigrate2us, most of the people have your issues and more including deportation, criminal history and illegal entry. Some all 3.

Post there and many will think you have easy issues! Legal entry is a big plus.

Edited September 15, 2006 by Boiler

[Traviesa 0]

Definitely consult with a good immigration attorney. I will go ahead and recommend ours: Laurel Scott at www.visacentral.net ; she is very knowledgable about the ins and outs of this kind of immigration law. The thing that concerns me most about your case is the impersonation of a USC. When this is done for an immigration benefit, that triggers a lifetime ban with no chance for a Waiver; what exactly decides if this has been done is at the discretion of DHS.

I am not as familiar with the aspects of overstay. I have heard that time spent out of status as a minor does not count against you, nor does time before a certain year (and I believe that year is 1997). On the other hand, I have also heard that overstays are forgiven for spouses of USCs when they adjust in the US.

Best of luck in getting the information you need-the thing I would be worried the most about is the impersonation of the USC. Once you get the answer on that, you can begin to decide how to proceed.