AOS- visa overstay and working without permit

[nina1790 6]

Hi.

I am new here and have some questions and concerns regarding my fiancé who is from Mexico and overstayed his work visa.

I am a green card holder going through the process of obtaining a US citizenship right now (forms approved-just waiting on the interview. I originally obtained my green card through marriage to a citizen but we got divorced a long time ago)

After I become a citizen we are going to get married and file the I-130 and AOS right away (that’s what we need to do correct?).

He came here legally with a work visa 5~6 years ago which expired 2 years ago. His SSN is not working anymore of course but he has a TIN number and files taxes.

However, he is worried that working here illegally these 2 years without a work permit will effect everything (plus the overstay) and thinks it’s going to take a long process and won't be able to do it without a lawyer.

Me, on the other hand, think it will be fine since he will be married to a citizen and will be forgiven….or am I wrong?

The filing fees of $1500 are pretty high so I think we should do it without the lawyer and by looking at those 2 forms (I-130 and AOS) it doesn’t look that difficult.

I have read somewhere that someone has been denied because she overstayed her visa so that does scare me a little though. Is that true that you could get denied because of the overstay?

He also thinks that being a Mexican will make it harder for forgiveness and that officers are stricter with them compared to other people from other countries…which I don’t believe at all but...

Also, would the fact that I became a citizen right before our marriage or me being divorced from a citizen in the past going to raise any issues? (ex. she became a citizen just to give him a green card... etc???)

I hope not, we have been living together for the last couple years and we have all the proof that our relationship is real.

If anyone knows anything regarding this or went through something similar please let me know.

thank you!

Edited November 1, 2015 by nina1790

[newacct 688]

He cannot get denied because of overstay. Unless he has some other issues that you've not mentioned, it should be pretty straightforward.

p.s. An SSN is valid for life and he should have been filing his taxes with his SSN the whole time. Someone with an SSN is not eligible for an ITIN, so he should not have been able to get that in the first place.

[nina1790 6]

thanks for the reply!

I feel a lot better now.

We don't know anyone with the same situation so we were worried.

you're right- he does use the same SSN for filing taxes (for some reason I thought he was using a TIN but I was wrong...i'm glad to hear that they can use the same number for life), it just won't work if he wanted to renew his driver's license or something like that since his visa has expired...

Edited November 1, 2015 by nina1790

[Hypnos 6,576]

His SSN is not linked to his driver's licence. What he lacks right now is lawful presence; that is what prevents him from obtaining a driver's licence or ID card in most US states.

Get married (before or after you become a US citizen makes no difference) and then follow the guide: http://www.visajourney.com/content/i130guide2