if your boyfriend comes into the states illegally then you are going to be really screwed. What no problem said is accurate as long as the immigrant entered the USA legally (via some sort of visa) regardless of whether they overstayed or are currently out of status.

If you truly want to marry your boyfriend you should marry him in Mexico and file for an I-601 waiver for him (was he deported too? if so an I-212 waiver is necessary as well).

This is a long and expensive task, but it is your only real possibility.

x, are truly an idiot. If he declares he's worked with a fake SSN they'll ask him for a waiver which most likely won't get approved. He has to lie to the INS in order to be granted the green card. He should not mention at all that he's worked.

Thank you for your kind words and attempt to aid my understanding of the immigration law, but unfortunately, I must confess something to you. They know a person who has overstayed is most likely working. It is very common for people to invent social security numbers and/or use green card holders social security numbers. The problem really doesn't lie in this, the problem lies in claiming citizenship (which is a big problem).

Now, there is another potential problem. You lie on INS forms and you get caught! What do you think happens then? Well you have MAJOR problems!
You can have major problems even after you have been granted a green card if you are found to have lied/committed fraud on these forms.

I do not suggest that anyone advertise that they used a fake social and I especially recommned that they try to hide any false claims to citizenship. However, you want to be intelligent, you mention it so that they won't notice it is in your application and period. It is there, they don't realize it, but if you ever get questioned about it - you have no problem. If your green card is approved with this information included in the petition, then the US government has technically approved it regardless of that information, which means that you do not have to live in fear for the rest of your life.

If you lie to the INS you are committing Fraud and especially with todays fears about terrorism you don't want to make things any worse.

In this particular situation (if I understand correctly) the person has been working under a false social security number with his own name. This means that if the government ever gets organized and combines tax documentation and immigration documentation this person could face serious problems when they apply for citizenship (or other services).

You want to cover your bases. You want to make sure that when you becoem legal there is nothing that can fly up in your face and destroy you later on. That doesn't mean you have to flaunt it, just include it.

A sentence a phrase or a couple words may be enough. But if you don't think about the future you really could feel like an idiot later.

And for your information. I included a job that I worked at under a fake social on my I-130 form. They approved it without any problems and never even asked me a question about it, but it helps to cover my bases

Claiming on I-9 Form that you're an USC does not amount to "false claim to US citizenship".

http://discuss.ilw.com/eve/forums?a=tpc&s=691603441&f=902603441&m=3356085991&r=6656082102#6656082102

It's not such a big deal.

http://discuss.ilw.com/eve/forums?q=Y&s=691603441&a=tpc&f=902603441&m=9636006912&r=9816049912#9816049912

the link that you have provided does not seem to work for me. Could you tell me exactly which posting that was (i.e. who posted it, the name of it, and the date of the last posting). I believe that is probably accurate, but I would still be hesitant to take the risk in today's political atmosphere.

Does anyone know exactly what is defined as claiming to be a USC or is that like most immigration laws somewhat vague and up to the interpretation of the reviewing officer?

My friend had similar problem. He adjusted status with full job disclosure. Filed Employers letter and pay stubs. Was mildly asked if company asked for proof of employment. Told them truth. I-9 question never came up..Approved..Citizen Now..
As per INA, claiming US Citizenship when you are a Permanent Resident is an inadmissible crime. If you are non-immigrant, it is NOT. Believe me or not, ITs the law...Good Luck and do not worry a thing...You have three kids to support..you shall be more worried about that..not these petty things about what you did years ago on I-9.

As per INA, the employer has to keep I-9 until three years of date of hire or one year since you quit the job, which ever is later. If you quit today and you were employed for more than three years, the I-9 will be destroyed than. thus no record available. Just a thought.

It's not that strange to have stayed in the U.S. illegally and not have worked -- you may have been supported by a family member of yours.

ok whatever... I get the point. Married worker - take my advice if you feel that it might help, otherwise don't. Same to the rest of you, it was just a suggestion based on my personal experiences and opinions, I am not a lawyer nor an INS official, and frankly they don't seem to have it all down either. So please forgive me.

Goodbye!

hmmm...

Please be careful in this situation and speak to a lawyer. Marriage to a USC provides no protection for you especially if you have made any false claims to citizenship or misrepresented yourself. My husband was deported to Mexico for this and they won't ever let him come back so I have to move to another country to be with him. Speak to a lawyer first, speak to several! Don't have anything to do with the INS until you are represented by someone!!!

to "x"
If my boyfriend comes back illegally, how will they ever know that he ever left? He could just still be here from his former visa, just overstaying and not working. My question is, how does a U.S. citizen marry someone that has overstayed their visa?

oh, and no he was not deported.

boyfriendinmexico

You could risk having him re-enter illegally and claim that he just overstayed. However, you must consider a couple factors - #1 did he leave illegally or did he leave through a normal port of entry. Assuming it is the latter, it is most likely that there is a record of his leaving the country. #2 - even if he left illegally, there is always a good chance that he will be caught upon re-entry and will be deported to Mexico. This could screw you both up even more, and I think you would want to avoid that at all costs.

The best thing you can do is try to apply for a fiance visa from Mexico. If they have no record of his overstay, perhaps this will be approved with no further problems, however, if it is not approved you will need to look into the I-601.

To get married either in the USA or in Mexico... all you have to do is show identification and possibly show proof that you are not currently married.

Therefore, getting married to a person who has overstayed does not involve a great deal more effort than marrying a USC - it is the process of Adjustment of Status, waivers (if necessary), etc. etc. etc. that is a real pain in the rear end.

I hope this helps you a little!

deport umesh

Thank you "x" for your advices. I put my "invalid SSN" job on the papers together with other little jobs I did on a side. I think it looks pretty good and might go unnoticed with no further questions. My question now is about income tax return. I have never filed any. Is true that if you make under $ 26,000 a year you don't have to file at all? Or should I get me an acountant and request to credit my work with IRS and SSA with my new SSN, get some money back and pay some taxes on the other jobs I had. I never made 26,000 a year. Any accountants thank you in advance!

U dont have to file taxes if you make 5000 or less in a year not 26000

married worker, good luck!

to "x"
thank you very much for your reply.
I'm pretty sure he left without being documented.
I just want to clarify. If he makes it back here and we get married, will this prevent him from being deported if an overstay shows up when I try to adjust his status. Am I much safer doing the fiance visa while he is still in his country even with an overstay?
Thanks to anyone that can answer this.

Exclusive: ‘God’s Will is Stronger Than US Weaponry’
Mohammed Alkhereiji, Arab News War Correspondent


AMMAN, 1 April 2003 — There are over 40,000 Iraqi exiles already in Jordan, but since the start of the war it has become obvious that predictions of thousands more arriving as refugees were Iraqi gross miscalculations.

What in fact appears to be happening is the opposite. Huge numbers of the Iraqi exiles who initially left Iraq because of political reasons have decided to return to participate and fight side by side with their Iraqi brothers.

According to the Iraqi Embassy in Amman, 5,700 Iraqis have left Jordan to go and fight what they believe is an invasion and potential occupation of their home country.

“We have catered to these 5,700 Iraqis to get their documents in order,” said Jawad Al-Ali, the Iraqi Embassy’s press attache, in an interview with Arab News. “Some have lost their passports or their papers have simply expired,” Al-Ali added. “On the first day of the war, we processed the papers of 2,500 Iraqis, and they are still coming.”

Large groups are taking buses from midtown Amman for $17 per person in order to make their way back to Baghdad.

But what of the past? “I’ve lived in Jordan for the last 10 years,” Azziz Alzumaan, 42, who owns a small kabab shop in downtown Amman, told Arab News. “I left for political reasons and to find a peaceful life, but those things are not important anymore.”

“I’m going home to be with my family and to fight the invading aggressors, and God willing we will win or die trying,” he added. Azziz left on the morning bus to Baghdad. A 12-hour ride to his past, present and future.

Also, the first free bus to Baghdad left here yesterday, courtesy of one of Saddam Hussein’s sons, with 50 Iraqi men on board.

“It was too expensive for me to leave before, but now the trip is free and I’m going back to fight for my country,” said Samir, a 35-year-old construction worker.

He added that he was going back to Basra, the main southern Iraqi city partially controlled by the US/UK forces where pockets of Iraqi resistance still remain.

Also yesterday, dozens of “volunteers” left Beirut to take up arms in Iraq, proclaiming they were ready to embrace death to expel US and British forces from Arab land, witnesses said.

The mostly Lebanese young men, enraged by gruesome television images showing Iraqi civilian casualties of the 12-day-old war, left by land via Syria to join the fight. Witnesses saw 36 volunteers cross the Lebanese border into Syria in a bus. They said they were on their way to Iraq.

And some 15 young Algerians gathered yesterday outside the Iraq Embassy in Algiers, proclaiming themselves ready to die as martyrs to defend the “honor and dignity of Arabs and Muslims” as the “enemies of humanity” wage war on Iraq.

“I don’t know the first thing about using weapons, but I learn quickly,” said Ali, who, judging by his peace-fuzz beard, couldn’t be a day over 20.

Next to him, a self-assured Samir piped up: “I know how to use a Kalashnikov and an RPG (rocket launcher). I did my military service. The Kalash is a great weapon.”

They and a small group of youths from throughout Algeria had gathered outside Baghdad’s embassy in Algiers to show their willingness to defend Iraq against “Bush and Blair, enemies of humanity.”