Re-entry to US after a divorce + overstay on VWP esta

[klsanchez 0]

My husband and I got married in Feb 2015 after I overstayed my 90 days ESTA by 3 or 4 weeks. (i'm from the UK, he's a US citizen)

I got my Greencard approved in March 2016

 

Now we have decided to divorce but that won't be final until after I've left the US - I'm moving back to the UK next month and we haven't filed the divorce yet.

 

I was planning to inform USCIS about our divorce and me going back to the UK next month when it's all in progress.

 

My questions are:

 

- Will I have a ban from entering the US again because I overstayed my initial 90 day ESTA and married him in 2015?

- Do I have to wait until the divorce is finalized to inform USCIS?

 

Thanks for any advice.

 

 

Edited August 17, 2017 by klsanchez

[Hypnos 6,576]

You cannot use the VWP again due to overstaying it once. Your AoS did not cure this, it just allowed you to receive a green card in spite of it. You will now always need a visa to visit the US. 

Edited August 17, 2017 by Hypnos

[Boiler 45,578]

 Will I have a ban from entering the US again because I overstayed my initial 90 day ESTA and married him in 2015?

 

No ban but no VWP.

 

- Do I have to wait until the divorce is finalized to inform USCIS?

 

When you leave just complete the I407, Divorce in itself is not relevant.

[Unlockable 7,314]

@Hypnos is correct. No ban but your initial ESTA is gone for good. Apply for tourist visa.