Returning to US after failed emigration and divorce

[jackson.arw 0]

All,

this is a pretty hard message to write - I moved to the US in May 2007, my then fiancée and I got married, and after a short time things between us went very sour. Im not going into any details as they arent important for this topic and its my personal life. I left the US with 3 bags to my name and returned to the UK on June 2008 as i wasnt going to stand being treated the way she treated me any longer. Ive been back in the UK ever since but would like to visit a friend in the US. What Id like to know is if there is likely to be anything to prevent my doing this, and if there is a way to check. Im not sure if we are divorced yet as I havent heard anything final and my ex was very vindictive indeed so I am unsure if she might have fabricated some nasty things about me as she did do in the divorce papers - something nice at the border maybe !

If anyone knows anything I would very much appreciate the help.

Thanks

Adrian

[zainab786 1]

We are at the same boat.. da ques u asked is abt visiting back to US? for dat its necessary to know the status when u came back.. you went in K1 visa? did u guys adjusted da status? or was in process?

All,

this is a pretty hard message to write - I moved to the US in May 2007, my then fiancée and I got married, and after a short time things between us went very sour. Im not going into any details as they arent important for this topic and its my personal life. I left the US with 3 bags to my name and returned to the UK on June 2008 as i wasnt going to stand being treated the way she treated me any longer. Ive been back in the UK ever since but would like to visit a friend in the US. What Id like to know is if there is likely to be anything to prevent my doing this, and if there is a way to check. Im not sure if we are divorced yet as I havent heard anything final and my ex was very vindictive indeed so I am unsure if she might have fabricated some nasty things about me as she did do in the divorce papers - something nice at the border maybe !

If anyone knows anything I would very much appreciate the help.

Thanks

Adrian

[Kathryn41 3,205]

All,

this is a pretty hard message to write - I moved to the US in May 2007, my then fiancée and I got married, and after a short time things between us went very sour. Im not going into any details as they arent important for this topic and its my personal life. I left the US with 3 bags to my name and returned to the UK on June 2008 as i wasnt going to stand being treated the way she treated me any longer. Ive been back in the UK ever since but would like to visit a friend in the US. What Id like to know is if there is likely to be anything to prevent my doing this, and if there is a way to check. Im not sure if we are divorced yet as I havent heard anything final and my ex was very vindictive indeed so I am unsure if she might have fabricated some nasty things about me as she did do in the divorce papers - something nice at the border maybe !

If anyone knows anything I would very much appreciate the help.

Thanks

Adrian

First, I'm sorry that things didn't work out for you.

You entered the US in May 2007, got married, then left the US 13 months later in June, 2008? Did you apply for your green card, and how soon after your marriage did this happen (if it did)? Did you receive your green card before you left?

If you applied for your green card but left before it was approved then you should be alright to visit the US. You may wish to contact the US Consulate/Embassy in the UK and verify with them that you abandoned the green card process by returning to the UK in June 2008.

If you received the green card, you may or may not have a difficult time entering the US. It depends if you have surrendered the green card or not. You will need to surrender the green card as you abandoned your status when you left the US. You can surrender the green card at the US Consulate or at the border when you present yourself to request entry as a visitor. If you decide to surrender it at the border when requesting admission, you may be allowed in as a visitor, or you may not. It would depend on the border guard. You would not be able to use the green card to enter the US due to the length of time you have been out of the US and the fact that you abandoned residency in the US.

If you did not apply for a green card before you left the US or applied for it after you had been in the US for 6 months after the I-94 issued with the K-1 expired, then you will have a problem. The K-1 gave you valid status in the US for 90 days only. Once the I-94 expired, if you had not applied for the AOS which would automatically extend your legal status in the US, you became out of status. If you accumulated more than 180 days but less than 360 days out of status you triggered an automatic 3 year ban on re-entry to the US when you left. If you accumulated more than 360 days out of status then you triggered an automatic 10 year ban on re-entry when you left.

Hope this helps,

Kathryn

Edited January 18, 2010 by Kathryn41

[Kathryn41 3,205]

Moved from K-1 forum to General Immigration Forum as a more appropriate location

[Gary and Alla 3,694]

All,

this is a pretty hard message to write - I moved to the US in May 2007, my then fiancée and I got married, and after a short time things between us went very sour. Im not going into any details as they arent important for this topic and its my personal life. I left the US with 3 bags to my name and returned to the UK on June 2008 as i wasnt going to stand being treated the way she treated me any longer. Ive been back in the UK ever since but would like to visit a friend in the US. What Id like to know is if there is likely to be anything to prevent my doing this, and if there is a way to check. Im not sure if we are divorced yet as I havent heard anything final and my ex was very vindictive indeed so I am unsure if she might have fabricated some nasty things about me as she did do in the divorce papers - something nice at the border maybe !

If anyone knows anything I would very much appreciate the help.

Thanks

Adrian

There should be nothing that would prevent you from visiting the US under the VWP. You need to find out about this divorce thing and get that finalized just for your future peace of mind. Check into a lawyer when you visit.

[Penguin_ie 5,993]

Gary is correct, though I have heard of several Irish people who tried to visit the USA after similar circumstances and were turned back, they were told that once you have a visa, you will always need a visa and cannot use the VWP anymore. All of these people were able to bet B2 tourist visas without any problems.

[SunDrop 59]

Gary is correct, though I have heard of several Irish people who tried to visit the USA after similar circumstances and were turned back, they were told that once you have a visa, you will always need a visa and cannot use the VWP anymore. All of these people were able to bet B2 tourist visas without any problems.

Depends on the visa, surely. I had an L3 visa, when I was 20 that was valid until my 21st birthday and have entered the US on the VWP many times in the 12 subsequent years.

Also, my parents were GC holders, as they will only issue 4 consecutive L visas and then force you to apply for LPR status. My understanding is that as long as you have relinquished your GC to the nearest consulate, you are then free to enter on a VWP. Another friend received her GC through marriage (adjusting from a J1, I believe) also relinquished when her marriage ended and has very recently returned to the US for a visit on the VWP, no problems.

I jolly well hope my folks are free to use the VWP, or they won't be able to come to our wedding!

[SunDrop 59]

There should be nothing that would prevent you from visiting the US under the VWP. You need to find out about this divorce thing and get that finalized just for your future peace of mind. Check into a lawyer when you visit.

I thought if you've ended up out of status (because your I-94 expired, you never filed AOS but you were present for up to 180 days past expiration date or you continued to be present in the US after your CGC expired and you didn't file to RC) that you incur an automatic ban of 3 years that doesn't start until your first attempt to re-enter. Might have misunderstood how to 'kick start' your ban though...

Edited January 18, 2010 by SunDrop

[Rebecca Jo 1,962]

I thought if you've ended up out of status (because your I-94 expired, you never filed AOS but you were present for up to 180 days past expiration date or you continued to be present in the US after your CGC expired and you didn't file to RC) that you incur an automatic ban of 3 years that doesn't start until your first attempt to re-enter. Might have misunderstood how to 'kick start' your ban though...

Overstay the VWP by one day and it can never be used again.

There should be nothing that would prevent you from visiting the US under the VWP. You need to find out about this divorce thing and get that finalized just for your future peace of mind. Check into a lawyer when you visit.

Wrong.

[SunDrop 59]

Overstay the VWP by one day and it can never be used again.

Wasn't referring to the I-94 in relation to VWP but rather in use with a K-1. Namely, you entered on a K-1, married but didn't adjust.

[Rebecca Jo 1,962]

Wasn't referring to the I-94 in relation to VWP but rather in use with a K-1. Namely, you entered on a K-1, married but didn't adjust.

I-94 governs. No matter the visa type.

[SunDrop 59]

I-94 governs. No matter the visa type.

Right, but the PP who quoted me indicated that I was referring to overstays arising during visits where the OP was on a VWP.

So, then yes, if you overstay the 90 days and DIDN'T file to adjust, then you are going to automatically incur a 3 year ban for an overstay of under 180 days.

ETA: The PP was you. hahahaa.. ok, confusion over.

Edited January 18, 2010 by SunDrop

[payxibka 10,045]

Right, but the PP who quoted me indicated that I was referring to overstays arising during visits where the OP was on a VWP.

So, then yes, if you overstay the 90 days and DIDN'T file to adjust, then you are going to automatically incur a 3 year ban for an overstay of under 180 days.

there is no re-entry ban for overstays under 180 days... 3 yr ban kicks in at 180 days... 10 yr ban at 1 yr.

[Rebecca Jo 1,962]

Right, but the PP who quoted me indicated that I was referring to overstays arising during visits where the OP was on a VWP.

So, then yes, if you overstay the 90 days and DIDN'T file to adjust, then you are going to automatically incur a 3 year ban for an overstay of under 180 days.

ETA: The PP was you. hahahaa.. ok, confusion over.

K1 entrant from a VWP nation should find their I-94 'timeline' to be identical.

Techincalities aside, the OP's case (if she did not file adjustment in a timely manner) is an example of how the VWP can be lost.

[jackson.arw 0]

All,

thanks for all the replys - I had a 2yr Green Card but due to my ex wife lying to the Police, it was confiscated at Dulles Airport after I had visited England for some Job Training and there was a warrant out for my arrest on charges of 2nd Degree Assault which was a nice supprise - she handily failed to tell the police that she had bitten me twice, slapped, punched, kicked and spat at me! Still ... The GC was still in possession of the Immigration at Dulles when I (literally) made my escape back home with a hastily bought plane ticket and what things I could pack before the taxi arrived; while she was out of the house. So I guess the best course of action is to contact the Embassy in London and make sure they know that I have relinquished the GC and was not over staying in the US without a VISA. Hopefully they will let me know if Im ok to go.

Also I'll have to try to check on the divorce as someone mentioned, I dont want any more nasty surprises waiting if I visit - the two nights I spent in prison was quite enough! You cant get arrested or refused for going through a divorce can you ?

Thanks again for all the help.

Best regards

Adrian