complexity of previous us resident returning on 129f

[linda30 0]

Me and my fiancee met in the us and he was a legal resident at the time from previous marriage. we were together 2 years and waiting for his divorce to get married, but he left to go back to colombia when his status was expired. He has been in colombia 2 yrs and we had a long distance relationship waiting for his divorce. Now we want to be married and dont know if 129f or marrying there and doing 130 is best process. We have been through a lot and just want to be together. He previously overstayed a tourist visa to get in us in 1999, but became legal in 2003 when he married his ex. is this previous overstay going to affect his approval to come back? And what process should I take?

[JimVaPhuong 4,863]

Me and my fiancee met in the us and he was a legal resident at the time from previous marriage. we were together 2 years and waiting for his divorce to get married, but he left to go back to colombia when his status was expired. He has been in colombia 2 yrs and we had a long distance relationship waiting for his divorce. Now we want to be married and dont know if 129f or marrying there and doing 130 is best process. We have been through a lot and just want to be together. He previously overstayed a tourist visa to get in us in 1999, but became legal in 2003 when he married his ex. is this previous overstay going to affect his approval to come back? And what process should I take?

The timeline is a little fuzzy here, and I'm not sure what actually happened.

So, he entered in 1999 with a tourist visa, but he overstayed. In 2003 he married a US citizen and adjusted status, presumably to conditional permanent resident. You say he returned to Colombia when his status expired, so I'm presuming he never removed conditions and got a 10 year green card, right? Did he ever submit an I-751 to remove conditions? Was his 2 year green card expired when he left? If so, how long had it been expired?

[linda30 0]

The timeline is a little fuzzy here, and I'm not sure what actually happened.

So, he entered in 1999 with a tourist visa, but he overstayed. In 2003 he married a US citizen and adjusted status, presumably to conditional permanent resident. You say he returned to Colombia when his status expired, so I'm presuming he never removed conditions and got a 10 year green card, right? Did he ever submit an I-751 to remove conditions? Was his 2 year green card expired when he left? If so, how long had it been expired?

no he never removed the conditions because by then they had seperated. His 2 yr card expired mar 08 and he left oct 08

[Minya's wife 24]

no he never removed the conditions because by then they had seperated. His 2 yr card expired mar 08 and he left oct 08

As long as he had married in good faith, and could prove this, he was eligible to remove conditions on his own, after having the divorce decree. At this point, I'm not sure which option would be best...the "overstays" on both the tourist visa and the the time period past his GC expiration would be something that may be questioned at the time of interview. It shouldn't be a reason to deny the the I-120F or I-130 (depending on which route to take) but his previous stays in the US would have to be declared all along and may be cause for extra scrutiny.