please help. advice. important

[Southernsun]

my girlfriend from brasil entered the u.s. 2 yrs ago illegaly.
in order to better her life, and obtain a future green card in the u.s., we decided she should go back to brasil "undetected" through mexico.
she took many flights starting from new york, and finally crossed the border to mexico by car from el paso.

now, she is in mexico city, and they did not let her board her international flight. she must pay a penalty for overstaying her visa for mexico (she does not have the money), but she can still use the ticket to leave the next day for brasil. i will bring her back to the u.s. on a k-1 visa with the help of an immigration lawyer.

my question is this: will u.s. customs/immigration find out that she was in the u.s. illegaly when we process the fiance' visa (k-1)?

i hope someone can shed some light on this delicate situation here.
we know that it's wrong to enter illegaly, but all we wanted was for her to get her green card the right way again. thank you

[constructus]

Originally Posted by Southernsun

my girlfriend from brasil entered the u.s. 2 yrs ago illegaly.
in order to better her life, and obtain a future green card in the u.s., we decided she should go back to brasil "undetected" through mexico.
she took many flights starting from new york, and finally crossed the border to mexico by car from el paso.

now, she is in mexico city, and they did not let her board her international flight. she must pay a penalty for overstaying her visa for mexico (she does not have the money), but she can still use the ticket to leave the next day for brasil. i will bring her back to the u.s. on a k-1 visa with the help of an immigration lawyer.

my question is this: will u.s. customs/immigration find out that she was in the u.s. illegaly when we process the fiance' visa (k-1)?

i hope someone can shed some light on this delicate situation here.
we know that it's wrong to enter illegaly, but all we wanted was for her to get her green card the right way again. thank you

Hi I feal for you. I have no definite solution or response to this but thought I would reply, first of all to bump your question back to the top so maybe someone who knows may answer correctly, but I also wanted to give my thought on the matter.

Since she entered the US, and left the US illegaly (without being inspected) that means that the US shouldn't know that she was ever here.

Unless she told the Mexicans that she was in the US and they reported it to the US the only problem she should be getting (if any) is if she wanted to ever go back to mexico.

Call, or write an email to a lawyer, and make it sound like you will be requiring his or her services later, and tell them the situation, they will give you an answer. Call more than one, because some will sound like everything is ok (which it should be), just because they want to get paid, and others will be honest. Call a few its free consultations on the phone, then you should have a good idea.

My fealing still is, the US doesn't know she was here, so everything should be good.

[bbqchickenrobot]

I agree with constructus. If they don't know then they can't deny your marriage. The K-1 is the way to go, just be aware that they are going to ask questions like where were did you meet, how long have you been together, ect... during the interview. From your post, Im going to assume that you guys met while she was in the US illegaly? So, you will have to come up with some "creative" responses during the interview lol. I'll let the lawyer's handle that part... anywho - you won't know until you try right? I say go for it!!! Keep coming back to this forum and get help when you need it!!!

[Southernsun]

yeah. first thing monday i will call a lawyer to initiate the k-1 visa process and in hopes that the u.s. will not ever find out despite the problem in mexico. thanks guys. see u soon.

[constructus]

Originally Posted by bbqchickenrobot

I agree with constructus. If they don't know then they can't deny your marriage. The K-1 is the way to go, just be aware that they are going to ask questions like where were did you meet, how long have you been together, ect... during the interview. From your post, Im going to assume that you guys met while she was in the US illegaly? So, you will have to come up with some "creative" responses during the interview lol. I'll let the lawyer's handle that part... anywho - you won't know until you try right? I say go for it!!! Keep coming back to this forum and get help when you need it!!!

Nice one there bbqchickenrobot, I had not thought so far ahead about when the question arises as to how you guys met.

The lawyers will probably advise you better, but I think that should be an easy one to fix. You could easily get a plane ticket to brazil (if USC) and travel there for a week or so, then make sure you have some pictures taken also. Then you will easily be able to show that you met in Brazil and your passport and plane ticket could serve as proof.

Anyway, call lawyers and ask. I hope everything goes well for you.

Disclaimer: Lying to a federal governement agent is a crime... So don't quote me on anything you do. But it should be fine.

[PraetorianXI]

The lawyer can not "answer questions" for you during the interview. If she is asked have you even been to the US? then asked how did you enter? how long were you here for? what is she going to say? (lie is not a good idea).

[TheRealCanadian]

Originally Posted by bbqchickenrobot

So, you will have to come up with some "creative" responses during the interview lol. I'll let the lawyer's handle that part... anywho - you won't know until you try right? I say go for it!!!

It's easy to suggest that other people engage in immigration fraud and perjury. Not nearly so easy when you would be the one deported and facing a lifetime, non-waiverable re-entry bar, eh?

[constructus]

Originally Posted by TheRealCanadian

It's easy to suggest that other people engage in immigration fraud and perjury. Not nearly so easy when you would be the one deported and facing a lifetime, non-waiverable re-entry bar, eh?

That's why I said in the disclaimer that lying isn't a good idea and a crime. He probably has to go to brasil and start all over and like nothing prior happened. In a way (re) start his relationship all over and make it as legal as possible.

Lying is not a good idea. What about starting all over legally which is what he wants to do?

What would you guys do? Just forget the girl and try to find another one? Just asking. Help him out...

[Southernsun]

hey all,

yes, i will be going to brasil in november for 5 days. then in 2008 i will spend more time there as well. we have things to prove such as, emails. we will say that we met, through an internet chatroom (although we really met in a disco) we have phone cards, and post cards that we sent to her house in brasil while she was in the united states. we have started the process months ago, so we have some things already to provide immigration when they ask. it will be as if we never met in the united states.

thanks to all for providing info. she will be getting out of mexico today! ciao!

[Amerikanus]

Originally Posted by Southernsun

my question is this: will u.s. customs/immigration find out that she was in the u.s. illegaly when we process the fiance' visa (k-1)?

You should ask her if she ever had been fingerprinted (e.g. been arrested/booked, or cleared through police/CJ/FBI for any job (like childcare), or taken fingerprints at a CBP road block) while in the U.S.
If she had, then your chances are tough, because her fingerprints will stay in her file forever and eventually will pop up on their 'radar screen'.

Other things that can be checked by CIS: driver license database, SSA, medical records, HUD records, credit agencies' records. If she ever had any credit, then they would go to credit originator and check all records down to transaction level. That's an extreme case, of course, and would be done under NSL, but that's what they do nowadays.