Hypothetical case

[Allaboutwaiting 2,503]

Just read a post that made me wonder the following: 

If someone overstays a tourist visa, gets married, doesn't file for adjustment, divorces and gets married again, can they still file for AOS?

[JeanneAdil 6,671]

simple yes,  but all marriages and divorces have to be listed on application so it is going to look suspicious,  right?   like the person was green card shopping and had to return an item that did'n't fit

[Quarknase 1,072]

Happens. A friend of mine actually did this. He got married very young while in the US on a J1 visa. The parents of his spouse were suspecting that he only married their daughter for papers so he refused to file for AOS. During the entire 5 years of marriage  He then lived here for some years as divorcee (and illegal immigrant), and only after he re-married he filed for AOS with his now wife as petitioner.

 

[millefleur 5,047]

**Moved from General Immigration-Related Discussion to AOS from Work, Student, & Tourist Visas**

[Allaboutwaiting 2,503]

2 hours ago, JeanneAdil said:

simple yes,  but all marriages and divorces have to be listed on application so it is going to look suspicious,  right?   like the person was green card shopping and had to return an item that did'n't fit

Agreed; it would look quite shady.

My guess is that the only possible reason for denial would be that the marriage was not entered in good faith. Or which other grounds of inadmissibility could apply in such case? 

 

1 hour ago, Quarknase said:

Happens. A friend of mine actually did this. He got married very young while in the US on a J1 visa. The parents of his spouse were suspecting that he only married their daughter for papers so he refused to file for AOS. During the entire 5 years of marriage  He then lived here for some years as divorcee (and illegal immigrant), and only after he re-married he filed for AOS with his now wife as petitioner.

 

Was he approved or is he still in the process?

[Quarknase 1,072]

52 minutes ago, Allaboutwaiting said:

 

Was he approved or is he still in the process?

He was approved. With a prior 5 year marriage without ever filing for AOS, then single for 5 years after divorce, then getting married to girlfriend of almost 2 years the suspicion was probably not really big.

[JeanneAdil 6,671]

never know if such a person would be approved or denied but ICE has its hands full without looking for more trouble 

so,  the officer might give him/her a hard time and make them wait and approve 

really hard to say

seen some strange things happen when it comes to immigration 

 

[wagecuck3 31]

The main issue is that you should try to get married and file the adjustment application before DHS notices that you are out of status and places you in removal proceedings. Otherwise you will be in a lot of trouble, though it's still possible to get approved.

 

The prior marriage does not matter as long as it was legally terminated. There is no law that says something like "if you are out of status and applying for a green card based on marriage to a US citizen then that person has to be the first person you married since you went out of status".

 

If someone really has been in the US for years and years without status, it's quite possible that they were already ordered removed in absentia since DHS sent the notification to their last registered address and they did not receive it. This would be the worst scenario of all in terms of likelihood of approval.