Hello! My name is Anastasia,, I've been in USA for 2 years already. I'm getting married soon and me and my fiancee are planning to apply for ajustment of my status after the ceremony. But I have a problem- I've already been married twice on the US territory - first time to US citizen, lasted 3 months, divorce initiated by me, and we didnt apply for any documents. Second time- to an exchange student with russian citizenship, lasted 9 months, divorce initiated by me. So, when I apply for the green card, will I have a huge problem with this marriage history? Do the immigration check the history and does it influence the decision?
Best wishes upon your upcoming marriage. In the Adjustment of Status application process, it will be necessary for you to identify both of your previous marriages and to supply certified copies of both divorces. Your marital history in that regard will not disqualify you from adjusting status through marriage to your third spouse, but it is likely that the USCIS may apply a fairly high level of scrutiny to the evidence you provide to prove that you and your new husband are living together in a bona fide marriage. It would be wise to engage an immigration attorney to assist you in assembling as persuasive set of evidentiary documents as possible.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
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