Immigration Forum / USA Marriage Base / May 2007

If his AOS gets denied, he may indeed be deported.  But we won't know
that until they marry, file the paperwork, and go to the interview.
It's up to the AOS officer.

No.  They are applying within the USA for his adjustment of status.  No
need to return and get a visa.

He won't be issued a visa, since he's already in the USA.  Along with
the AOS paperwork, he can apply for work authorization, yes.

There are no "tests", per say.  It's up to the AOS officer to determine
whether they are in a legitimate marriage or not.  His overstay will
most likely be forgiven if he's married to a USC.

Yes, it's possible.

Since he entered the USA legally (with inspection), even though it was
so long ago, he has a chance at a successful AOS.  If he had entered
illegally (without inspection), that would be a different story.

The biggest concern I would have for your friend, is that she will be
filing an I-864 affidavit of support on this guy's behalf.  This is a
legally binding document.  She will be under the obligations on the I-
864 even if they later divorce.  She should read the I-864 VERY
CAREFULLY and fully understand its obligations and implications.  He
might never meet any of the qualifications for ending the I-864, which
means she'll be on the hook for the rest of her life.

Best Wishes,
Rene

He is a documented alien in overstay.  Not the same as an illegal alien
who entered the US without inspection and who cannot adjust status
within the US even if married to a USC unless they can be grandfathered
under the expired Section 245(i).

You think it is a mockery of the immigration system but they might well
be entering into marriage out of love and respect for one another.  It
is up to the adjudicating district officer to make the decision on the
validity of their marriage based on the evidence they present at the
time of their interview.

If the evidence does not prove the legitimacy of their marriage, the
adjustment will be denied.  He might or might not have the option of
appealing the decision. If not he will have to leave the country.  Will
they come and pick him up?  Doubtful.  Thousands of immigrants have been
ordered to leave the US but continue to stay.

He will not be made to go back to obtain an immediate relative visa as
he can do that from here.

The work document is automatic once you file for adjustment of status
and the appropriate I-765 for the employment authorization document.  He
and she will be filing for his residency status, not a visa.

9 years is not much of a difference.  My husband is 7 years older than
me.  His second wife was 19 years younger than him; they married when he
was 38 and she was 19.  My father was 11 years older than my mother and
she immigrated just fine.

You need to distinguish between documented and undocumented aliens.  The
distinction is what allows for adjustment.  A documented alien can; an
undocumented alien can't unless certain criteria is met.  Documented
means you entered with inspection; undocumented meant you cross the
border without inspection.