Apply for tourist visa 8 years after abandoned green card [merged threads]

[Alice8183 0]

Hello,

I hope someone can offer some advice in our complex situation.

 

I am a US citizen married to a Turkish citizen and we live together in Japan. We married 6 months ago in Japan. We plan to live in Japan until the end of my work contact (Sept. 2019). I have a good paying job at a university and my husband is here on a dependent visa. 

 

We would like to visit the US in Aug. 2018 and he has applied online for tourist visa. However, what's tricky is that 8 years ago he entered the US with a fiance visa as he was engaged to an American woman. They married in the US shortly after and he was given a 2 year green card. Eight months later their relationship ended and he left the US without properly given up his green card rights. He returned to Turkey and had no intention of returning to live in the US. His ex processed their divorce and the marriage ended with a default decree. 

 

1) Since he abandoned his green card, how will that affect his chances of getting approved for a tourist visa? 

2) Should he surrender his green card at the visa interview?

3) Furthermore, how will this impact him getting a CR-1 visa in the future? We would like to move to the US in Sept. 2019. (I will also post this question in the spouse visa forum.)

 

Thank you so much for all your input.  

[Boiler 45,935]

Should file an I 407 if he has not done so.

[Alice8183 0]

Boiler,

 

Though won't this negatively impact his chances of later getting a CR-1 visa?

 

The I 407 form states: "I intend to record the fact that I have knowingly and willingly abandoned my lawful permanent resident status in the United States"

 

Does that mean only under this current green card he is abandoning his lawful residency, or is it referring to anytime in the future? 

[Going through 5,671]

38 minutes ago, Alice8183 said:

Boiler,

 

Though won't this negatively impact his chances of later getting a CR-1 visa?

 

The I 407 form states: "I intend to record the fact that I have knowingly and willingly abandoned my lawful permanent resident status in the United States"

 

Does that mean only under this current green card he is abandoning his lawful residency, or is it referring to anytime in the future? 

Current green card only.

Filing the i-407 does not make him illegible for filing for something else later on.  

Edited January 24, 2018 by Going through

[Going through 5,671]

Responses on your duplicate thread here :

 

 

[Alice8183 0]

6 minutes ago, Going through said:

Current green card only.

Filing the i-407 does not make him illegible for filing for something else later on.  

That's great to know. Thank you. 

 

I'm assuming his prior marriage to a US citizen will raise red flags, so we plan to be very prepared to show we have a legit bona-fide marriage. Any extra steps we should take to increase his chances of a CR-1 acceptance?

[Alice8183 0]

11 minutes ago, Going through said:

Responses on your duplicate thread here :

 

 

Sorry, Going Though, but did you mean "ineligible" or "eligible" when you said "Filing the i-407 does not make him illegible for filing for something else later on." ?

Thanks!  

[Going through 5,671]

2 minutes ago, Alice8183 said:

Sorry, Going Though, but did you mean "ineligible" or "eligible" when you said "Filing the i-407 does not make him illegible for filing for something else later on." ?

Thanks!  

Ah sorry for the typo!

 

To clarify:  does not make him ineligible to file again in the future.

 

Hopefully one of our friendly Mods will merge the threads together---makes it less confusing for members (and you) to keep related questions all together.

Edited January 24, 2018 by Going through

[Going through 5,671]

22 minutes ago, Going through said:

Filing the i-407 does not make him illegible for filing for something else later on.  

Too late to edit the typo.

 

To clarify:  does not make him ineligible for filing for something else later on.

[Alice8183 0]

1 hour ago, Going through said:

Ah sorry for the typo!

 

To clarify:  does not make him ineligible to file again in the future.

 

Hopefully one of our friendly Mods will merge the threads together---makes it less confusing for members (and you) to keep related questions all together.

That's true.  Thank you again!

[SusieQQQ 11,587]

Possibly what’s also tricky here is that it sounds like you clearly intend to apply for a CR1 at some stage, so you’ll also have the issue of overcoming the presumption of immigrant intent when applying for a tourist visa. It can be done, but you’ll need to show strong ties to current country of residence.

[TBoneTX 45,910]

Duplicate thread moved from CR-1 Process forum to Tourist Visas forum and merged with thread there -- immediate situation involves tourist visa.

[ConOfficer 167]

He previously complied with all U.S. immigration laws. He had the opportunity to continue living in the U.S. if he really wanted to but departed.

 

I issue this 100%. If he shows up at SFO a year from now with all his belongings and says he's going to stay in the U.S. forever CBP can turn him around. 

 

 

[Alice8183 0]

9 hours ago, SusieQQQ said:

Possibly what’s also tricky here is that it sounds like you clearly intend to apply for a CR1 at some stage, so you’ll also have the issue of overcoming the presumption of immigrant intent when applying for a tourist visa. It can be done, but you’ll need to show strong ties to current country of residence.

Yes, I agree that will be crucial to prove as well. I plan to have a letter from my employer and/or my renewed contract stating I will be working until Sept. 2019. I also have my Japanese bank account where my paychecks are deposited into and copy of my apartment lease. Hopefully that will be sufficient.

[Alice8183 0]

1 hour ago, ConOfficer said:

He previously complied with all U.S. immigration laws. He had the opportunity to continue living in the U.S. if he really wanted to but departed.

 

I issue this 100%. If he shows up at SFO a year from now with all his belongings and says he's going to stay in the U.S. forever CBP can turn him around. 

 

 

Yes, I'm hoping that since he previously complied with the laws and didn't overstay, when he could have, will show that he didn't have any ill intentions then nor now.