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Left USA voluntarily - travel ban?

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Filed: K-3 Visa Country: Australia
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Hi all.  I can't get an answer anywhere to this. I married a USC, and applied for AOS back in 2015.  I stayed in the USA for nearly 3 years, was granted work authorizations, did biometrics etc.  My husband fell under the Adam Walsh Act, so we were in the midst of applying for the waiver with an attorney. We had received our NOID, then filed our waiver response and the case was still going when I left my husband and I will be divorcing him as soon as I can. I left the USA within a month of leaving him, and I am back home in Australia. I sent withdrawal notices to USCIS.  
I do however wish to travel to the USA for a tourist event in early 2019 with my teenage son.   I have applied for and received the ESTA waiver approvals to get on the plane, but can't find anything as to whether we might be subject to a ban.  Any advice would be gratefully received. I have tried CBP's I-94 site but can't access my history there, and in "overstay" and "time left to leave the USA" it just says N/A.    Thanks so much in advance for any tips.   

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Did you have any overstay before applying for AoS

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Then you should have no bar. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: Wales
Timeline

I would get a B, long way to come and find out.

 

I will unusually explain my reasoning, when you file to adjust your status is under the colour of law, you do not have a status beyond your I94, now if you adjust none of this matters, you have your GC and on you go. You never adjusted.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-3 Visa Country: Australia
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I looked at B's this morning:  thinking it was perhaps a good way, but they say that even then, you can be turned around at the border.  But I might invest the money regardless now you've said it:  I truly have absolutely no interest in moving back (I had another option to stay, but wanted to come home).  I think perhaps the B is the way to go. Thank you so much for explaining, I appreciate it.  

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Filed: K-1 Visa Country: Wales
Timeline

Always possible but with a freshly minted B much less likely.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-3 Visa Country: Australia
Timeline

So I finally got a response from the US Consulate: they referred me to this tiny fine print in their visa stuff:  for future reference, Boiler (and all of you) were 100% right):   

 

Ineligibility:  

..... those who have been refused admission into, or have been deported from, the U.S., or have previously overstayed on the visa waiver program. Such travelers must apply for a visa. If they attempt to travel without a visa, they may be refused entry into the U.S. (emphasis added).  

 

 

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Filed: Citizen (apr) Country: England
Timeline
On 3/20/2018 at 10:35 PM, LDMM said:

So I finally got a response from the US Consulate: they referred me to this tiny fine print in their visa stuff:  for future reference, Boiler (and all of you) were 100% right):   

 

Ineligibility:  

..... those who have been refused admission into, or have been deported from, the U.S., or have previously overstayed on the visa waiver program. Such travelers must apply for a visa. If they attempt to travel without a visa, they may be refused entry into the U.S. (emphasis 

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Filed: Citizen (apr) Country: England
Timeline
Just now, Manc73 said:
On 3/20/2018 at 10:35 PM, LDMM said:

So I finally got a response from the US Consulate: they referred me to this tiny fine print in their visa stuff:  for future reference, Boiler (and all of you) were 100% right):   

 

Ineligibility:  

..... those who have been refused admission into, or have been deported from, the U.S., or have previously overstayed on the visa waiver program. Such travelers must apply for a visa. If they attempt to travel without a visa, they may be refused entry into the U.S. (emphasis 

After reading this I would be extra careful. You are still married and would arouse the suspicions of a customs officer. Since you have lived in the USA before it would be wise to get a visitors visa.

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Filed: K-3 Visa Country: Australia
Timeline

Thank you: It is nerve wracking and I would honestly rather holiday anywhere else in the world, and realise that Customs will think I am reconciling with my ex husband.  I don't blame them. But my son wants to see this event so badly, and it's probably the last chance we will have.   I hope the Embassy can put all those fears to rest but it will still be a nail biting interview at the border.   Thank you for your help!  

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