Regain B1/B2 Visa after divorce from US Citizen?

[crispy2 0]

Hi all,

Does anyone know if it is possible to regain a B1/B2 visa after divorcing from USC?

Long story short.......Things did not work out for my foreign wife and I and divorce is in the works sadly. She used to have a B1/B2 but surrendered it for a K1 Visa and now has a Conditional GC. She has returned to her home country and I don't expect she will be coming back to the U.S. anytime soon. Never the less, can she get her B1/B2 visa back and how does she do that?

Thanks in advance for all your help!

[Hypnos 6,576]

She would need to surrender her green card to the US post having jurisdiction over her place of residence (through filing an I-407 with the embassy and returning her green card with it) and then re-apply for a B-2 visitor visa in the normal fashion. She would need to show substantial ties to her home country, the same as anyone else. It's probably not something that she would be able to obtain as soon as she surrendered her green card.

[Boiler 45,526]

I can think of no better evidence of non immigrant intent than having just surrendered immigrant status.

[Harsh_77 718]

I agree surrendering the GC would be a solid evidence, she does not have immigrant intent and if she wanted to live in US legally she could have but she decided otherwise.

[crispy2 0]

My apologies for the delay in reponding to your posts....but just have been away for a bit.

Well, she has plenty of ties to her country still.....Her parents are there, her children are there and she owns a house there, and she has a business that she is involved with. So that shouldn't be a problem. What I am worried about is the off chance that she decides to come back and take advantage of the "Affidavit of Support"...now that scares me.

[Boiler 45,526]

?????????????????????

[Penguin_ie 5,993]

Once the greencard is voided/ given back, the affadavit is null and void. She cannot use it while on a B2 visa.