Beneficiary has lived in the US (overstayed his tourist visa)

[alipep 0]

Hello everyone,

I have been reading a lot of experiences and tips here and I have a question on our case that is as follow:

My husband (just got married on sept. 16, 2016) came to US on July/2001 with a tourist visa and overstayed his visa, went back to Brazil on Sept/2006. He never had any problems with policy or immigration. Simply left which I'm aware that triggered a 10 year bar to reenter the US.

He had a son with his ex-wife while here and a social security number (not for work, just for tourists that they had prior to 09/11).

He is now passed the 10 years bar, and we got married in Brazil Sept 16, 2016, after dating for over 2 years. We have proof of our relationship including bank account in Brazil, all the contracts and expenses for the wedding, docs of trip to Europe that we took together and all the other times I went to see him ( a total of 5 extended trips), photos of us and with family, life insurance, affidavits.

He lives in Brazil since he left the US in Sept/ 2006 and I'm a Brazilian and also US citizen.

So here are my two questions before I apply for I130 and IR-1/CR-1.

1. When I apply for his immigration now, should I explain all of this and that is passed the 10 year bar and don't need the waiver? Or no bother since he is already clear?

2. He had a SSN that was issued for tourists (prior 09/11) which is not allowed for work, do I ask for a new one? I'm listing his current number on the application since it says "if any" on the application and I want to be completely truthful.

Do you foresee any issues and what is your experience and advice?

Thank you so much

Ali

Edited October 6, 2016 by alipep

[OLee 64]

1. You don't have to explain it seperately (like cover letter), just make sure you/he fills those dates in into appropriate forms. There will be specific questions to fill out. Don't hide anything.

2. SSN will be the same for life. Fill it in too while applying. Later on when he comes here the new SSN card will be sent to him without "not valid for employment" as he has now. You will see everything step by step as the process begins.

Good luck and always tell the truth.

[OLee 64]

My experience was similar, by the way. No issues at all, but the consular did mention my overstay during the interview. But it happened long time ago and I didn't need any waiver. I also had a SSN too. After I came here to live with my husband I received new card with my married name on, the number stays the same.

[alipep 0]

Hi Olee,

That is perfect! And exactly what I thought but was insecure about it! your answer and experience makes me more relaxed. And yes! We are being very truthful about everything! Thank you for your answer! All the best