My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?
It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.