(Names have been changed)
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 and live in the USA. 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 their arrival to the USA, Angela went ahead and petitioned for Leonardo, by 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.