Does this look like a case that will qualify for AOS?

[winner 0]

My very close buddy who happens to be blk and out of status (came on F1 and dropped out of school yars ago) recently married a USC who is at least 20 years older than he is and of a different race.Its the 5th marriage for the lady. They just filed AOS,may months after a marriage he told no one about-he just told me about it, to my shock-. Does it seem that they will have AOS issues-thats what he asked me to find out for him.

[KarenCee 3]

Sounds like a case for a good Immigration Attorney.

[Robin28 2]

My very close buddy who happens to be blk and out of status (came on F1 and dropped out of school yars ago) recently married a USC who is at least 20 years older than he is and of a different race.Its the 5th marriage for the lady. They just filed AOS,may months after a marriage he told no one about-he just told me about it, to my shock-. Does it seem that they will have AOS issues-thats what he asked me to find out for him.

First of all age and race have nuthing to do with qualifying for AOS .. Nor does the amount of times one or the other has been married .. If they are married and happy ect ect thats all that really matters. As far as keeping the marriage private ? who knows .. From what i understand any overstay in the usa is forgiven with marriage to a USC so thats not an issue either .. As far as the actual AOS process when it comes time to be interviewed ( if they are interviewed ) they will of course need to prove they have a legitimate marriage .. And of course .. there is no harm in getting advise from a qualified lawyer when you have concerns about your case

Edited February 17, 2007 by Robin28

[meauxna 15]

If either of them entered into the marriage for the sole reason of securing an immigration benefit, then yes, they should be concerned.

[Dr_LHA 3]

First of all age and race have nuthing to do with qualifying for AOS ..

True, but cases are often based on the officers gut feelings, they have to make a determination as to whether a marriage is bonafide. In this case, a young black African who marries white woman 20 years his senior with a history of broken marriages, I would expect such a marriage to be extremely highly scrutinized by USCIS officiers, because it sounds like a textbook case of immigration fraud.

[Nancy2015 2]

If they truly love each other and want a family together - then I don't see a problem with it.

[tiberonsuave 0]

Sooner or later a gut feeling has to be converted and ascribed to an applicable statute. Then you can deal with the issues.

t

First of all age and race have nuthing to do with qualifying for AOS ..

True, but cases are often based on the officers gut feelings, they have to make a determination as to whether a marriage is bonafide. In this case, a young black African who marries white woman 20 years his senior with a history of broken marriages, I would expect such a marriage to be extremely highly scrutinized by USCIS officiers, because it sounds like a textbook case of immigration fraud.

[Dr_LHA 3]

Sooner or later a gut feeling has to be converted and ascribed to an applicable statute. Then you can deal with the issues.

An IO can deny AOS if they believe the marriage is false, they don't have to prove it. The statutes come into play only when lawyers and immigration courts come into play.