adjustment of status question

[Brooklyn Guy 0]

Hi everyone, i want to get some advice from you guys on my case which goes like this. I entered USA in 2002 with H1 visa, My company filled bankruptcy and i was not able to apply for my green card so i was out of status.

i was married briefly before coming and she traveled on H4 visa and after coming to usa she told me that her family forced her to get married and that she wanted divorce. i was shocked but had no choice but to annulled the marriage and after that i met this girl fell in love got married but that marriage didnt work out as well so i filled for divorce.

but i didnt apply for any immigration benefits from that marriage. i am married now to a girl we dated for almost 3 years and recently got married and now we are thinking of applying for my adjustment of status.

so my questions are.

1- Will my previous divorces make it hard for me to get through the interview.

2- The first marriage was annulled and nothing was register here in usa, should i mention that marriage on the forms.

[teeak 224]

1 - It may make the IO look at your marriage more closely and with more scrutiny -- which is why it will be important to provide as much proof as possible of a bonafide relationship and marriage with your initial AOS application

2 - Yes, marriage is marriage even if it wasn't on US grounds -- as long as it was legal in the country where it took place.

[NigeriaorBust 4,087]

If your first wife came to the US based on a marriage to you then you must report it and you must also show that each marriage was properly terminated before you entered into the next.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Biyah&Hussain 2]

WOW! That's a lot going on, in all truth I think you should get a lawyer. They're the ones who will be able to defend you. I don't think with so much history, from the failed business and with multiple marriage and divorces. That you can fight this battle alone. Do you have any children? Is your wife Pakistani Origin? That would give you a better way for them to verify this marriage is legitimate. Pls Note... When you open up the box of immigration there is a chance they can put you into removal proceedings. Especially, After seeing you overstayed in the USA so long. After a few years, of being here you automatically get a 10 year ban. I think you should find a lawyer they'll probably discuss options for the 601 waiver.

[SM & EF 41]

I think you should go for it. It might be a bit scary to file paperwork with immigration when you are out of status, but the only way to move forward is to go through the AOS process.

No one knows if your previous divorces will make for a harder interview, but you can't change the past so try not to worry about it. As for your first marriage, I agree with the others who say yes, you should mention it.

[SM & EF 41]

WOW! That's a lot going on, in all truth I think you should get a lawyer. They're the ones who will be able to defend you...When you open up the box of immigration there is a chance they can put you into removal proceedings. Especially, After seeing you overstayed in the USA so long. After a few years, of being here you automatically get a 10 year ban.

I would also recommend getting a lawyer, but please know that even with an overstay of many years, you will not automatically get a 10 year ban and be placed into removal proceedings when applying for AOS after marrying a US citizen.

[Starkilla09 366]

WOW! That's a lot going on, in all truth I think you should get a lawyer. They're the ones who will be able to defend you. I don't think with so much history, from the failed business and with multiple marriage and divorces. That you can fight this battle alone. Do you have any children? Is your wife Pakistani Origin? That would give you a better way for them to verify this marriage is legitimate. Pls Note... When you open up the box of immigration there is a chance they can put you into removal proceedings. Especially, After seeing you overstayed in the USA so long. After a few years, of being here you automatically get a 10 year ban. I think you should find a lawyer they'll probably discuss options for the 601 waiver.

You're wrong and misleading. First it doesn't matter whether OP has been an overstayer for 1000 years, he's still eligible to adjust his status as spouse of a U.S. Citizen since he entered the U.S. legally. Again there's no need for him to start panicking about an I-601 waiver though he's an overstayer, as his ban doesn't kick in UNTIL he departs the U.S. voluntarily or involuntarily (through removal). OP's main elephant in the room is proving his current marriage is bona fide, and given the history of multiple marriages he might just have a high BUT not impossible bar to meet. He's subject to removal as an overstayer, however; there's no guarantee he will be put to removal proceedings provided he can establish his bona fide marriage and adjust status, as well as provide documentation that previous marriages were legally terminated. Though an attorney sounds good, he's still good to adjust on his own. He just needs to provide more documentation.

Edited December 22, 2015 by Starkilla09