What will happen?

[createdone 0]

Overstay is forgiven for spouses of US Citizens who adjust while in the US. Getting married by itself does not protect the beneficiary, but filing a concurrent I-130/I-485 package will. He should not travel abroad until he has his GC on hand, because exiting the country will give him a ban for overstay. From your info, it should be a normal AOS from student visa case.

Does the "annulment for visa fraud" reasons appear on the annulment decree? This is the only issue I would be wary of in filing the AOS as this may raise some red flags when the IO inspects your papers. Just prepare to explain this thoroughly on the interview with all available evidence to back up your story. Other than that, it seems like everything's pretty standard.

Ok... So that helps... As hollgolightly said, Yes, it looks like AOS from expired student visa, overstay should be forgiven... Be prepared to answer some questions if it documented anywhere about suspect of fraud... Plan for him to stay put here in the USA until complete...

It will look odd that he is on his third marriage with a US citizen, especially if the first wife did lodge a complaint with USCIS (even if they did not act at the time, the fact that he is now married to another USC and trying to AOS may cause them to re-consider). What is the timeline here, other than the first marriage was in 2006? Ie how long was each of the marriages, and how long between them? That can make this red flag worse, or better...

Are you the US citizen or is he?

So, we were finally able to get a hold of the annulment decree. It states "....marriage between AB and CD has been annulled. Plaintiff claims defendant announced after the marriage that he was married to avoid deportation and had no intentions of being her husband...."

How bad is this potentially? He has never been ordered removed or had any proceedings against him. (also factor in that they lied about him being deported)

[AnotherLostSoul 167]

The fact that they lied about him being deported? Who? Anyway, that should not be a problem, USCIS would see the record if he was ever deported...however, the claim/statement that " he announced after the marriage that he was married to avoid deportation and had no intentions of being her husband" does have a huge impact and might going to raise some eyebrows in the USCIS community. First of all, that record indicates, he was committing visa fraud. Then even after his divorce, he never decided to leave back, but stayed here illegally. Now that itself would not be a huge problem, but with his "background" that also might make them frown. Then he remarried in 2012, and god knows how long that lasted but by 2 years he is ready to marry you the "love of his life". I am not trying to question your relationship here, but more of how USCIS might going to view this. It all seems kind of shaky having a background as such he built for himself. You guys will definitely have to tighten that belt, and have very very strong evidences to convince USCIS that it is worth to grant him a GC. USCIS might worry two years from now he'll dump you since he'll already have his GC. So be prepared for the worst, and be happy if it'll be easier than you prepared for. All the best!

[HollyGolightly 72]

So, we were finally able to get a hold of the annulment decree. It states "....marriage between AB and CD has been annulled. Plaintiff claims defendant announced after the marriage that he was married to avoid deportation and had no intentions of being her husband...."

How bad is this potentially? He has never been ordered removed or had any proceedings against him. (also factor in that they lied about him being deported)

Did they acquire the annulment judgment ex parte? I am curious as to why your husband was unable to oppose the grounds for annulment, particularly: "plaintiff's claim that defendant contracted marriage for immigration purposes". He should have been informed of the annulment proceedings and should have been able to counter their claim of marriage for immigration reasons. Since it is specifically noted in the annulment decree that your husband's previous marriage was contracted in order to avoid deportation, you may have to overcome that with a good explanation and contrary evidence. You will have to explain that the marriage was real and was just dissolved due to issues you noted on your post. Good luck and keep us posted.