Pine Lake, GA Immigration Law Firms & Lawyers

The short answer to your question is: yes, a U.S. citizen may petition for a fiance, notwithstanding two prior marriages, each of which had complications relating to immigration. The longer answer to your question is that you should anticipate a much heightened level of scrutiny about a third application - one that might even include additional review of the bona fide nature of your previous marriages (notwithstanding that they ended in divorces). Especially under the circumstances you mentioned, it would not be wise to pursue a new application without legal representation for you and your fiance.

Generally, a foreign national who entered the U.S. lawfully and with inspection, such as with a student visa, and who then becomes married to a U.S. citizen, may apply to adjust status to become a Lawful Permanent Resident (to get a "Green Card") regardless of whether she may have violated or overstayed her student visa. No petition for a waiver is necessary in that process (but note that until the couple properly initiates the adjustment of status process, if the former student were to come to the attention of immigration authorities she may be subject to being placed in removal/deportation proceedings). The adjustment of status application process may be more complex than it appears at first blush, and it would be wise to work with an immigration attorney.