Denied AOS from F1, out of status, then trying AOS again by marrying a USC

[Soooocal 0]

Long story short,

 

Came to the States on F1 visa, married a USC, separated before interview therefore case got dropped.

After a few years of being out of status, about to marry LPR who is a soon-to-be USC and apply for AOS again once naturalization process is complete.

 

 

Question#1 Will there be any issue regarding the previous AOS application that got denied? 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

 

 

Thank you.

 

 

 

 

Edited December 14, 2018 by Soooocal

[lummo 61]

41 minutes ago, Soooocal said:

Question#1 Will there be any issue regarding the previous AOS application that got denied?

Not an issue in and of itself. But check if there have been any immigration proceedings (e.g. deportation, etc.) scheduled for you. Call the EOIR automated hotline at 1-800-898-7180. You will need your A-number (alien number).

47 minutes ago, Soooocal said:

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

Not an issue at all for the LPR. But the N-400 asks detailed info about the LPR's spouse (see pages 7-9 https://www.uscis.gov/system/files_force/files/form/n-400.pdf?download=1). But USCIS should already know your address because both of you are legally required to provide it within 10 days; https://www.uscis.gov/addresschange:

Quote

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or the parent or legal guardian of an alien under 14 years of age who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA Section 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

 

[Khallaf 649]

56 minutes ago, Soooocal said:

Long story short,

 

Came to the States on F1 visa, married a USC, separated before interview therefore case got dropped.

After a few years of being out of status, about to marry LPR who is a soon-to-be USC and apply for AOS again once naturalization process is complete.

 

 

Question#1 Will there be any issue regarding the previous AOS application that got denied? 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

 

 

Thank you.

 

 

 

 

There will be no jepardy to the lpr, however due to being out of status you are in jepordy of being deported at any moment, and if the lpr hasnt started the processes your taking a huge risk. There is a chance your adjustment of status will be severly scrutinized. 

[ac8238 8]

20 hours ago, Soooocal said:

 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization

No issues. My naturalization process went smoothly, all I put for my out of status spouse on my N400 application was "Alien" when it asked for her immigration status.

[vivostu 17]

On 12/14/2018 at 12:46 PM, ac8238 said:

No issues. My naturalization process went smoothly, all I put for my out of status spouse on my N400 application was "Alien" when it asked for her immigration status.

"Alien" was not the appropriate answer; "Out of status" was.