Ron Williams

I'm a US citizen by birth. My fiancee is Venezuelan, and she came to
the US by way of Mexico, crossing the border without inspection. She
has no US visa. She is currently in the US, and she has been here
less than 180 days. I understand that if she leaves voluntarily
before the 180 day period, she is not subject to the 3-year bar.

It looks like our best option to make things legal is probably for her
to go home and for us to start the K-1 visa procedure. Agreed?

My question is this: If we "come clean" about the fact that she was
here without proper documentation, will the authorities give us any
grief about this? Will they deny a K-1 Visa? We met while she was
here without papers.

Furthermore, she held a job for one month, without proper papers, and
she filed income taxes. I assume we should "come clean" about this,
if asked, too. Are they likely to ask? Will the true answer cause us
problems?

Other than these two issues, we've both been very upstanding
law-abiding citizens. In no case have either of us had any contact
with law enforcement or immigration authorities (well, I got a minor
speeding ticket 15 years ago, but...).

Ron

Rete

You are thinking of her not incurring a bannable overstay when you quote the 180 days. That does not apply to her. She did not enter on a visa so what is she overstaying. She is a true undocumented, illegal immigrant. If found, she could face more than just a 3 year ban.

Rete

DCMark

I always wonder why people think that their otherwise clean criminal record matters when they have made major violations of immigration laws!

She has done a number of serious things which will certainly cause the INS to give you 'grief'. This messageboard is not qualfied to advise you on such a complex situation. You should contact a qualfied immigration attorney immediately.

I do have one question. From your description, it leads me to believe that she has been in this coutry less than 180 days but she managed to hold an illegal job and get engaged?

immatchua

There is no cute way out of this one.
She must leave the country and go through the usual channels.
If she worked and paid taxes she probably used someone else's SSN and therefore that will not reflect on her.

But you will have problems explaining how you two met.

Mtravelkay

immatchua wrote:

    > There is no cute way out of this one.
    > She must leave the country and go
    > through the usual channels.
    > If she worked and paid taxes she probably
    > used someone else's SSN and therefore that will not reflect on her.
    >
    > But
    > you will have problems explaining how you two met.
    >

If they are going to lie about her ever being in the US illegally, then
they could just as easily lie about the original meeting, and
"meet" again. Not that I condone this, just pointing out that you can
never tell just ONE lie... The other option is to hope and pray there
is another amnesty, which is very possible.

immatchua

Just so that folks do not think that I am totally unethical, I have pronounced "good faith and intention" issues with this case.

Advice I gave elsewhere abt going around issues is based on my understanding that people have honest intentions. Folks that have been married for 5 yrs or more can hardly be said to be maliciously circumventing immigration law. On the other hand...meeting and arranging a marriage within 3 months is a little problematic.

Matthew Udall

"If" I understand the above correctly (I assume the above statement is related to the "other" thread we both participated in today), I disagree. One who is married and who is planning on entering the U.S. using a "nonimmigrant option" in order to stay (file for a greencard and live here) certainly is committing an illegal act at the POE and is blatantly circumventing immigration law while performing this illegal act at the POE (I decided to use "blatantly" instead of "maliciously" as you worded it).

For your "3 month" example above, I'm not sure if you are talking about those who want to enter using the Visa Waiver Program (90 day entry) in which to marry and file for AOS (which again would require an illegal act committed at the POE), or if you are talking about someone using a K-1 visa in which to enter and marry within 90 days (which is the correct type of visa to match their intent and does not require an illegal act be committed at the point of entry).

If the later, than if they needed more time to arrange a wedding, the international fiancée can simply delay her entry for up to 6 months (the K-1 visa is valid for use up to 6 months after issuance at the Consulate), than have 90 more days after enter in which to marry. I would think that most couples could plan a wedding within a 9 month window.

immatchua

I'm here to help folks the best way I can for someone who is not an attorney but is somewhat familiar with pertinent immigration issues.

I did suggest that she leave the country and use proper channels. What else is there to say? I never said they should lie to immigration officials but it does no harm to point out the consequences of certain actions. If she were to disclose that she worked illegaly with someone else's SSN, somebody would get into trouble? Immediate relatives of US citizens are waived from that eligibility requirement (that they must not have worked illegaly in the US).

Matthew Udall

I've not commented about any advice you have given in this thread, nor have "I" given any advice to the original poster in this thread. You posting earlier in this thread was confusing as you mentioned "Advice I gave elsewhere", and my last comment was in relation to your advice given elsewhere, not this thread.

immatchua

I meant that people who sound sincere and are trying to navigate the maze of immigration law perhaps need to be
exposed to certain possible shortcuts that needless to say, come with certain risks. The 5 yr vs 3month distinction meant to capture a contrast.

Mtravelkay

immatchua wrote:
    > Just so that folks do not think that I am totally unethical, I have
    > pronounced "good faith and intention" issues with this case.
    >
    > Advice I
    > gave elsewhere abt going around issues is based on my understanding that
    > people have honest intentions. Folks that have been married for 5 yrs or
    > more can hardly be said to be maliciously circumventing immigration law.
    > On the other hand...meeting and arranging a marriage within 3 months is
    > a little problematic.

Why would they have to have met within 3 months?
They might have met a long time ago and decided, on the spur of the
moment, that they want to get married while the non USC is visiting on
VWP. It happens. I would have married my wife the day I met her, if I
could.

Matthew Udall

Just to be clear, when you mention exposing people to certain "shortcuts" are you talking about telling others to commit an illegal act at the POE (with you taking an active role in that conspiracy) and to expose themselves to risks due to the commission of that crime at the POE?

Contrasting legal options, fine and dandy; but again, I'm curious if you also include telling others to commit crimes?

immatchua

Oh no I'd never tell anybody to commit an illegal act, specifically I'm opposed to anybody lying at the POE abt their "immigrant intent". Furthermore I am adamantly against lying on the I-130 and I-485 abt past illegal behaviour regarding taking employment without proper authorisation.

Mtravelkay

immatchua wrote:
    > I meant that people who sound sincere and are trying to navigate the
    > maze of immigration law perhaps need to be
    > exposed to certain possible
    > shortcuts that needless to say, come with certain risks. The 5 yr vs
    > 3month distinction meant to capture a contrast.

When you first mentioned they could do do this, did you mention the
risks? Your first recommendation was simply "adjust status here in the
US"... hhis is rather shortisighter, considering the couple in question
appeared to be eligible for DCF through London.

Maryanne Kehoe

OK folks we are forgetting something here.....the lady although she has
paid taxes, *holds an illegal job* in this country. If her finace "comes
clean", wouldn't that get the woman's employer into trouble? (last I
heard $25K fine for hiring illegals.)