Heres the situation:
My son's father is a Canadian citizen that has been in the US(living/working in the state of CA) for the last 10 years on a TN work visa that he has renewed each year.
When I met him, he was working in compliance with the terms of his visa, however that changed when I became pregnant with our son.
For the past 5 years he has been running his own business, and getting around the rules by setting up a dummy corporation "on paper", who signs off on his immigration documents each year. This is of course, is completely illegal.
For the last few years, he was able to renew it no problem, but this December when he went through the border at Tijuana, his visa renewal was denied. The reason his visa was denied is because this time the border agent actually tried to verify the work information he provided, all of which was false.
He was then told he had 10 days to either return to the border with a bunch of documents (i.e. W2, pay stubs, etc.) to prove he was not committing fraud, or leave the US and return to Canada.
Now, heres my question:
Since the business he listed as his employer is bogus, and he indeed was committing fraud, he could not try to fight the denial of his visa. Instead, he decided to just disregard the order all together, insisting that the state of California is "too broke" and they are not going to come and look for him.
His plan is to find someone to marry him, because he believes that this is the magical fix that will make his entire situation just "disappear".
Is he right?
What does this mean for him in terms of ever legally living and working in the US again?
Is it that easy that he will be able to just walk into a California court house, marry a US citizen and be on the fast track to getting a green card? He cannot hide the fact that he is not a citizen when he goes to apply for a marriage license, and since he was ordered to be deported for fraud, what are the chances he will be granted a marriage license and there will be no repercussions?
Also, should I worry about any possible consequences befalling me? If he does get caught, could I be charged with something?
If INS knocks on his door one day and he has our son, what is going to happen?
If by some miracle he does manage to escape all consequences, and actually marries a US citizen, would he be able to try to fight me for custody of our son while his immigration status is in the process of being changed/approved?
He has threatened to take our son away from me because I would not help him (by marrying him).
Do you think I should file for sole custody of our son now, before anything else happens?
I just do not trust him at all- he's shady, and petty. I want to make sure that whatever happens, I am able to protect myself and my son. I have given him a lot of time to get himself together, but he has simply refused to do things in a legitimate manner.


