I came to the US in 2005. I finished school and worked as OPT. But after OPT I overstayed here until 2016. In 2014 I got married and divorced in 2015, I didn’t file the paperwork for immigration at that time. In 2017 I came back to my home country. In 2018 I came to the US with a F1 visa, however I didn’t go to school any day. Now I get married to us citizen. I wonder what chance of getting a green card with uscis is.
You are going to need a lawyer.
The problems you have to overcome are many, including:
- A multi-year overstay
- A previous marriage and divorce, which will cast doubt on your current marriage
- An apparent violation of the terms of your current F1 visa
On the positive side, you were granted an F1 visa, which means US immigration does not appear to view your previous overstay as a major problem (or does not know about it).
Only a qualified immigration lawyer is going to give you anything like an accurate assessment of your chances of a Green Card, and you will need one to guide your application process.
Since you are immigrating as the spouse of a US citizen, you are in the Immediate Relative category, so all that is needed is that you entered the US legally (which you did). Whether you are in status right now doesn't matter.
A bigger potential problem might be misrepresentation relating to your second F-1. You said that you didn't go to school for a single day. That makes it seem like you had no intention of going to school when you came on F-1, which would be a misrepresentation since you must be coming to go to school when you enter on an F-1 visa. (That's unless you can somehow prove that you intended to go to school when you entered but something unexpected happened between entry and the start of school to cause you not to be able to go.) Misrepresentation would trigger a lifetime ban, and if you have that, you would need to apply for a waiver together with your Adjustment of Status application.
I would like to first point to DJClayworth’s post for the list of problems I was planning also to address: they are all valid points. Right now, I have a friend in a situation similar to yours, and here is what happened to him.
Because you are legally married to a U.S. citizen, the government is obliged to issue you permanent residence, if you can prove your marriage is legitimate. Because of the divorce and re-marriage, they told him to wait until he’s married for 2 years before applying for a Green Card.
Because of your status violations, you are very likely to be deported. My friend’s are not as bad, but they told him that if he wants a chance to have a Green Card, he must leave the U.S. voluntarily. So he ended up finding a job at the Czech Republic (though he is from the Ukraine, and doesn’t even have entry rights; but, his lawyer arranged to where they allowed him in since he came from the U.S.).
A violation of the F-1 visa is an exceptionally serious violation. I have a close relative who said he was going to look for a college to attend, and they allowed him in on an F-1 Visa (from Germany, so he was allowed to enter simply with an ESTAA). The next time he tried coming in, they asked him, which colleges he applied to. He didn’t, so they banned him from entry for 5 years, starting with the second visit; all of the minors who accompanied him were also deported, but not banned. This can easily happen to you when you try to apply for a Green Card.
So again, the DJ’s suggestion of getting a lawyer is a good one in your situation. That being said, being more familiar with the situation you describe, I thought I would share my experience.
Last caveat: the two situations above were both under Trump. Biden has said that he will increase immigration (though neither of my friends have had an update in the status yet). So most likely, if you wait a few more months, under Biden it will be even easier than under Trump.