I94 not return from prior exit would affect marriage green card?

[alipep]

Hello,

My boyfriend, Carlos, entered the US with a B2 Visa arriving on June 04th 2001. He overstayed his tourist visa, worked, had a son with then wife, lived here, etc and he left at the end of 2006. He never had any problems with police or immigration. The I94 form was not collected at the departure by the airline staff (Tam airlines), he still has it. Unfortunately he didn’t save the boarding passes/ flight information from his departure in 2006, and Brazil didn't stamp his entry... so he can't prove his departure in 2006. I'm aware that he is under the 10 year ban for overstaying his tourist visa.... the bann is coming up at the end of 2016. He has been living in Brazil since 2006. We know each other thru her sister, that also lived in the US at the time, we met in 2002 when I first came here myself. I was married for 10 years to an american and I have all my papers correct, I'm an american citizens since 2010. So after I got divorced, Carlos and I started dating last year and we have the intention of getting married and have him come live with me here in the US. We will wait to marry around the middle of 2016 in Brazil so we can time it for his immigration interview to be after the October 2016 (end of his ban). We are not interested in trying the waiver process for his ban since is hard to get it and we are really close to the end of his ban now.

My question is since the USA didn't receive the I94, how can they know his departure? Will that be a problem?
Do you foresee any problems with our case or should be straight forward marriage adjust of status?

We are trying to get his records of departure from FOIA. We requested on June 12, 2015, so far just waiting, no answer yet.

Thank you so much for your help

Alice

[Bastad]

Hello,

My boyfriend, Carlos, entered the US with a B2 Visa arriving on June 04th 2001. He overstayed his tourist visa, worked, had a son with then wife, lived here, etc and he left at the end of 2006. He never had any problems with police or immigration. The I94 form was not collected at the departure by the airline staff (Tam airlines), he still has it. Unfortunately he didn’t save the boarding passes/ flight information from his departure in 2006, and Brazil didn't stamp his entry... so he can't prove his departure in 2006. I'm aware that he is under the 10 year ban for overstaying his tourist visa.... the bann is coming up at the end of 2016. He has been living in Brazil since 2006. We know each other thru her sister, that also lived in the US at the time, we met in 2002 when I first came here myself. I was married for 10 years to an american and I have all my papers correct, I'm an american citizens since 2010. So after I got divorced, Carlos and I started dating last year and we have the intention of getting married and have him come live with me here in the US. We will wait to marry around the middle of 2016 in Brazil so we can time it for his immigration interview to be after the October 2016 (end of his ban). We are not interested in trying the waiver process for his ban since is hard to get it and we are really close to the end of his ban now.

My question is since the USA didn't receive the I94, how can they know his departure? Will that be a problem?
Do you foresee any problems with our case or should be straight forward marriage adjust of status?

We are trying to get his records of departure from FOIA. We requested on June 12, 2015, so far just waiting, no answer yet.

Thank you so much for your help

Alice

Does he have ANY OTHER STAMP on his passport? Did he travel ANYWHERE ELSE in the world with his passport after he went back to Brazil?

Or he can ask the airline (if he remembers the airline and when he flew out of the US back in 2006) to see if they can give him a copy of his records, showing he boarded the plane. This is a very, very long shot.

Otherwise - for all intent and purposes, he's still here in the US . . . he's never left.