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yogi35

I-130 application withdrawn 3 years ago. Am I ok to visit?

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Posted

My ex-husband filed an application for an I-130 3 1/2 Years ago which was then withdrawn due to our divorce. I am wanting to go for a holiday to the USA for a couple of weeks next year and wondered if anyone new of any issues there may be at port of entry due to an application being submitted once upon a time, but then withdrawn. It was accepted at the I-130 stage, but never went through the whole process and nothing was ever rejected.

Any advice would be really helpful as I don't want to turn up at the airport only to be interrogated and sent home!!

Thanks

Yogi35

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Tourist Visas, from IR-1 / CR-1 Spouse Visa Process & Procedures- as this is no longer a IR-1/Cr-1 question but a visiting question.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted

You'll probably be fine, but remember to take proof of employment and of a lease/mortgage agreement to show you have a life to go back to in the UK.

Probably most they'll ask for is a return ticket, but people do end up in weird situations at the border.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted

I don't see any big problems here. You had a US citizen spouse, you wanted to live together, but things didn't work out. You did the proper thing and withdrew the application and went on with your lives.

Fill out ESTA. It should be approved, and if so, jump on a plane.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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