Received Green Card after leaving the U.S

[Teixeira 0]

Hello everyone.

I entered on Jan 23 2010 on the k-1 meaning my 90 day period of stay ended somewhere around April 23 2010. I sent in my AOS paperwork in January 2011 and got the NOA1 for that January 26 2011. Giving me an overstay of about 8 months to that point. We received a few RFE's afterwards and sent them back in, during this time my marriage with the US citizen had broken down and I departed the U.S on July 4th, 2011. A month later my Green Card arrived in the mail back in the U.S.

My question is; now if i tried to go back to the U.S to visit would I most likely be sent back to Australia or would the customs officer see on their system that I have received a Green Card and be treated as a regular Green Card holder? Or is it just basically down to them cross checking my departure date with the date the GC was received and making the decision whether or not to let me in? My wife never gave me the Green Card that was mailed to the address in the U.S so I don't physically have it either.

Thank you.

Teixeira.

[missicy 87]

You need a Green Card in your hand in order to be admitted as a permanent resident so I think that it is very unlikely that they will let you in without it. Your ex-wife might have even mailed the card back back with explanation that your marriage had broken down which would mean that your LPR status would be terminated.

Is this your ex: http://www.visajourney.com/forums/topic/325421-dissolving-love-and-a-missed-green-card/page__st__45 (entry date and AOS filing date match)? If so, there is your answer.

[Teixeira 0]

You need a Green Card in your hand in order to be admitted as a permanent resident so I think that it is very unlikely that they will let you in without it. Your ex-wife might have even mailed the card back back with explanation that your marriage had broken down which would mean that your LPR status would be terminated.

Is this your ex: http://www.visajourney.com/forums/topic/325421-dissolving-love-and-a-missed-green-card/page__st__45 (entry date and AOS filing date match)? If so, there is your answer.

Yep, wow! Good to see our break up didn't get her bitter or anything... certainly didn't stop her from creating non existent problems to get people on side and justify what she wanted to do. But that's ok, there's still an ace up my sleeve with that little production she made with me when she came to Aus.

Anyway that helped answer my question, i figured i wouldn't be allowed back but i guess the door for that is still open somewhat if i decide i want to do that.

Cheers missicy.

[Barbara J 115]

Hello everyone.

I entered on Jan 23 2010 on the k-1 meaning my 90 day period of stay ended somewhere around April 23 2010. I sent in my AOS paperwork in January 2011 and got the NOA1 for that January 26 2011. Giving me an overstay of about 8 months to that point. We received a few RFE's afterwards and sent them back in, during this time my marriage with the US citizen had broken down and I departed the U.S on July 4th, 2011. A month later my Green Card arrived in the mail back in the U.S.

My question is; now if i tried to go back to the U.S to visit would I most likely be sent back to Australia or would the customs officer see on their system that I have received a Green Card and be treated as a regular Green Card holder? Or is it just basically down to them cross checking my departure date with the date the GC was received and making the decision whether or not to let me in? My wife never gave me the Green Card that was mailed to the address in the U.S so I don't physically have it either.

Thank you.

Teixeira.

Did you have an interview ? Or none?

[ceadsearc 516]

You can't leave while your paperwork is being processed without AP and your overstay was too great for AP. You could attempt it, but chances are you won't be let back in as leaving should have triggered a 3-year ban. Given that your GC was issued anyway, though, I suppose it's possible.

[JimVaPhuong 4,863]

You can't leave while your paperwork is being processed without AP and your overstay was too great for AP. You could attempt it, but chances are you won't be let back in as leaving should have triggered a 3-year ban. Given that your GC was issued anyway, though, I suppose it's possible.

Read his wife's thread that missicy linked to. She sent his green card back to USCIS with a thorough explanation. He won't be allowed to return as an LPR.

[ceadsearc 516]

Read his wife's thread that missicy linked to. She sent his green card back to USCIS with a thorough explanation. He won't be allowed to return as an LPR.

Somehow I missed that thread. Yeah, no chance there!