Re-entry into US after divorce

[wannab2gether 0]

Dear VJ friends,

I am very sad that our relationship is close to ending. My husband filed for a spousal visa for me to come and stay with him in the US a little over a year ago right after our marriage. Previous to our marriage, I overstayed my tourist visa by 4 days prior to leaving the US when I was here visiting him. We left the US on a vacation for 10 days and my husband (then not married yet) hoping that I would receive a re-entry permit. Upon our return I was detained, found inadmissable, and was set onto a flight back to the Netherlands Antilles (my home country). We have been married for 1.5 years. We were in love, but we felt pressured to marry simply to meet the requirements for a visa to be together. We hoped for the best, but our relationship has since deteriorated. We both still love each other however we struggle irreconcilable differences of attitude/behavior. We've reached a point now where morale is low and we believe we don't have hope for a future together as a couple. I think we love each other, but just can't make it work.

When I leave and get a divorce (we married in the Netherlands Antilles, so I think that's where I should file for a divorce), what should I do to be able to return with a tourist visa? How long will it take to be allowed back into the US with a tourist visa?

Wishing you all the best,

Kind Regards!

[JimVaPhuong 4,863]

I presume you got a conditional green card after entering with your spousal visa.

If you wanted to keep your permanent resident status in the US, you could file for a divorce in the US and self petition to have the conditions removed, and get an unconditional green card. However, this is only if you intend to continue living in the US. If you intend to leave the US and live in your home country, but wish to return occasionally with a tourist visa, then you should submit an I-407 and surrender your green card at the US consulate when you get to your home country. Until you do this, you probably won't be able to get a tourist visa.

The processing time to get a tourist visa should be no different than it normally would be. Your previous overstay should have no effect. It was essentially "forgiven" when you got your spousal visa.

[wannab2gether 0]

Thank you so much Jim! I am very happy that you are here to help me get some answers!! Big Hug!

CHeers!

I presume you got a conditional green card after entering with your spousal visa.

If you wanted to keep your permanent resident status in the US, you could file for a divorce in the US and self petition to have the conditions removed, and get an unconditional green card. However, this is only if you intend to continue living in the US. If you intend to leave the US and live in your home country, but wish to return occasionally with a tourist visa, then you should submit an I-407 and surrender your green card at the US consulate when you get to your home country. Until you do this, you probably won't be able to get a tourist visa.

The processing time to get a tourist visa should be no different than it normally would be. Your previous overstay should have no effect. It was essentially "forgiven" when you got your spousal visa.