(names have been changed to protect privacy)
Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).
Angela and Leonardo decided to come back to the USA this past July. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of December, 2009. Upon his entry in Laredo TX, the Officer never asked him anything about his marital status, just asked him where he was going, and Leonardo told him Atlanta, GA. I guess the officer saw that Leonardo has been in the USA before and never overstayed, so he just let him go.
A few situations in Mexico transpired after 1 month of Leonardo being in the USA (he found out it wouldn't be as easy to get a job as a teacher in Mexico once he returned). So, he decided it would not be wise to travel back to Mexico, rather he and Angela went ahead and submitted the Adjustment of Status paperwork, filing the i-130/i-485/i-765 simulateously.
My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA. [/SIZE]
Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).
Angela and Leonardo decided to come back to the USA this past July. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of December, 2009. Upon his entry in Laredo TX, the Officer never asked him anything about his marital status, just asked him where he was going, and Leonardo told him Atlanta, GA. I guess the officer saw that Leonardo has been in the USA before and never overstayed, so he just let him go.
A few situations in Mexico transpired after 1 month of Leonardo being in the USA (he found out it wouldn't be as easy to get a job as a teacher in Mexico once he returned). So, he decided it would not be wise to travel back to Mexico, rather he and Angela went ahead and submitted the Adjustment of Status paperwork, filing the i-130/i-485/i-765 simulateously.
My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA. [/SIZE]
