Marry Illegal Immigrant

[rough400]

Hi all,
I am on H1 here with clean history. My fiancee overstay in us for 5 years.He had valid visa but overstay 5 years from his entry on I-94. Currently he works in Singapore on work permit.He has new passport bt old passport number is stamped on last page of his new pasport. We plan to get married and get him here on H4. Does anyone forsee any issues?Please advice..
Thanks...

[txh1b]

He is subject to a 10 year ban and cannot enter on a H4 or qualify for a visa.

[rough400]

But how can they prove he has overstay illegally?..he came before they were taking finger prints.Also he had legally come n retuened within lgeal time on I-94.Only on his 3rd visit he stayed back.So how will they know especially if he has new passport?

[txh1b]

Very naive of you to think that getting a new passport will erase older overstay. I-94 is what it goes by not passport.

[rough400]

Thanks for responding to my questions. I know what you are saying about I-94.But the point is how can consulate know about it when you have no SSN?When you goto consulate what documental proof will they have to doubt/pove that he overstayed.Unless they check their database for similar names and check pictures.Do yo agree?Thanks again for responding quickly

[rough400]

My point is how will they know if I-94 belongs to the same person who is currenly applying for visa,just because of the name and if so there will be so many with same names.

[txh1b]

If you are asking about how to defraud the system, I don't have an answer. One has to declare any overstay on the visa form. Lying on a visa form will lead to permanent ban.

[mgm11]

Hey, Talk to a lawyer. Marriage is a serious issue and you must consult a lawyer to determine your fallback options in case you need it.