When LPR is not allowed to return to USA

[Greengo]

Hello @ all, I need your advice to the following case:

A man immigrated into USA legally and got a Green Card which was valid for ten years. He stayed outside USA for a few years, but he could return to USA easily several times without getting any problems because at the PoE he was never questioned how long he stayed out of USA. This was before 9/11. In 2002 he left USA and at that moment officers noticed him. An investigation was started. Therefore the man did not return to USA but stayed in his home country. He returned his Green Card to the American General Consulate together with form I-407. Half a year later he boarded a plane to USA because he wanted to spend his vacation in USA. His citizenship zllows him to visit USA under the Visa Waiver Program. As soon as he arrived in USA he was questioned for several hours. The result was that the officers refused him to enter USA and forced him to return to his home country and get a visa from the US embassy.

Meanwhile he is engaged with a US citizen and they want to marry. Because of obvious reasons he cannot enter USA with a tourist visa and make an AoS in USA when he marries his American fiancee. Nevertheless, they want to marry in USA.

However, as he is not employed at a company it is unlikely for him to get a tourist visa from the US embassy. That's why they might marry out of USA.

The question is whether he is allowed to enter USA with a tourist visa AFTER he has married his American fiancee.
The second question is whether he would be allowed to stay in live in USA and get a Green Card.

He has doubts because he thinks that he could be regarded as a criminal as he used his Green Card and stayed in USA even though he was out of USA for more than one year.

He has a clean record and nobody had ever sued him. However, he was refused to enter USA once. This is stamped in his passport.

[TheRealCanadian]

Originally Posted by Greengo

The question is whether he is allowed to enter USA with a tourist visa AFTER he has married his American fiancee.

Highly unlikely, since he intends to immigrate.

The second question is whether he would be allowed to stay in live in USA and get a Green Card.

Unless he is inadmissible for health/criminal reasons, probably. The only wrinkle is what affect his voluntary abandonment of US permanent residence will do.