Unlawful Presence in the US. However, I left the country to marry my fiancée. Are there any consequences?

I entered the United States illegaly in te year of Two Thousand and lived there for eleven years and got a driver's license and an Individual Taxpayer Identification Number (ITIN).
Three months ago I decided to leave the country and will get married to an american citizen in my home country, Brazil.
Will I be able to come back without trouble after the petition for a K-3 Spouse Visa?
Will the US immigration authorities be able to know that I was once in the country illegally?



Phil's picture

Thank you for posting this

Thank you for posting this question. This is a common issue. Since you entered the U.S. illegally and stayed for more than one year you will be subject to a 10 year bar. There is a strong chance that the immigration folks will have a way of finding this out. However, it doesn't really matter because you will be required to disclose it on your application for an immigrant or K3 visa. Not being honest on this form is NOT a good idea. If you get caught lying about this you will have much bigger problems. Since you will be married to a U.S. citizen you will qualify to apply for a waiver of the 10 year bar. Waiver cases are complicated and there's a lot at stake so this is something I would strongly encourage you to seek legal counsel on--it's not the type of issue many people can successfully handle on their own. If you decide you would like some help with your case please feel free to send me an email and we can discuss it in more detail.

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