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When requesting Fiance visa, should I be truthful about meeting my fiance when he was in the U.S. illegally?

Asked over 2 years ago - Atlanta, GA

I met my Mexican fiance 7 years ago when he was working in the United States illegally. He moved in with me, and about 4 years ago, we moved to Mexico together. I would now like to get him a fiance visa so we can return to the U.S. to get married, and live there part of the year, and here in Mexico part of the year. In the affidavit for the visa, will there be any negative repercussions for him if I tell the truth about when and where we met, and his status at that time?

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Attorney answers (1)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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Are you actually considering lying to the U.S. government? That is a crime and I strongly advise against it, since it would put both him and you at risk of criminal prosecution. Your fiancee may very well be inadmissible for up to 10 years from the date of his departure from the U.S. as a result of his apparent unlawful presence here. The ground of inadmissibility may be waived in certain cases, but engaging in subsequent fraud or misrepresentation would only compound his problem. I strongly suggest you retain legal counsel before attempting to bring him back on your own.

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