Second time in USA K1

[Gizzy66 0]

Good day guys.

 

I am in a very confusing predicament.

I previously was a green card holder based on marriage (may still be not sure but I will explain) I initially went to the USA in 2013 on a vwp overstayed and did an AOS and married my ex wife. We broke up and divorced in 2017. With one child. She then found out I was dating someone else. Someone I had known for a couple of years. Now this girl and I have remained in full contact and she wishes to marry me and go through the k1 visa route... I left the USA in 2017 as my ex wife had called me telling me the USCIS said I had 30 days to leave the country and I panicked and left in Feb 2017. I know I should have called to verify.... I never thought. I just returned home to england....

 

 

So would I be eligible to return to the USA through this route? Yes it would be a genuine marriage. We have photos from when I was over there living of us on th beach where I was burying her kids in the sand. And when we went out to bars etc. She is also coming to th UK next month to visit me.

 

 

Many thanks and if I missed any info out please let me know or ask for clarification as I tried to keep it brief

Thanks

 

[Going through 5,671]

Shame you left the US as you could have done the ROC on your own with a divorce waiver.

Being out of the US for over a year now, you will have been deemed to have abandoned your LPR status.  Yes,  you and your fiance can do the K1 visa, or she can marry you in the UK and file for the CR-1 spouse visa.

 

[Dashinka 24,921]

So you want to come back to the US and then sponsor a fiancé?  Considering you have been gone for a year, your GC is most likely considered abandoned.  Not really sure if you have standing to sponsor a fiancé to the US unless you can re-establish your GC. 

 

Too bad you didn't find VJ sooner, we hear stories all the time about a vindictive ex-spouse scaring the immigrant about turning them into ICE/USCIS.

 

Good Luck!

3 minutes ago, Going through said:

Shame you left the US as you could have done the ROC on your own with a divorce waiver.

Being out of the US for over a year now, you will have been deemed to have abandoned your LPR status.  Yes,  you and your fiance can do the K1 visa, or she can marry you in the UK and file for the CR-1 spouse visa.

 

Won't they have to re-establish their LPR status before sponsoring someone?

[Going through 5,671]

6 minutes ago, Bill & Katya said:

So you want to come back to the US and then sponsor a fiancé?  Considering you have been gone for a year, your GC is most likely considered abandoned.  Not really sure if you have standing to sponsor a fiancé to the US unless you can re-establish your GC. 

 

Too bad you didn't find VJ sooner, we hear stories all the time about a vindictive ex-spouse scaring the immigrant about turning them into ICE/USCIS.

 

Good Luck!

Won't they have to re-establish their LPR status before sponsoring someone?

As I understand it the OP is the one going to be sponsored for the K1/CR-1 by a USC.  He returned to his home country over a year ago and is residing in the UK now.

Edited March 29, 2018 by Going through

[little immigrant 801]

1 hour ago, Gizzy66 said:

my ex wife had called me telling me the USCIS said I had 30 days

My ex tried to pull the same stuff... 

 

There might be some scrutiny as they say but I'm sure you're not the first one in this situation. Good luck! 

[Gizzy66 0]

5 minutes ago, Going through said:

As I understand it the OP is the one going to be sponsored for the K1/CR-1 by a USC.  He returned to his home country over a year ago and is residing in the UK now.

Yes that is correct I am back residing in the UK. And I will be the one being sponsored. How would that above processes work? As last time I just filed for AOS whilst on a VWP (I don't feel brave enough to do that route a second time. I don't even know how it would go with me re entering the USA on a VWP if I abandoned my GC

[Dashinka 24,921]

9 minutes ago, Going through said:

As I understand it the OP is the one going to be sponsored for the K1/CR-1 by a USC.  He returned to his home country over a year ago and is residing in the UK now.

Thanks, I misunderstood that part.

[Going through 5,671]

14 minutes ago, Gizzy66 said:

Yes that is correct I am back residing in the UK. And I will be the one being sponsored. How would that above processes work? As last time I just filed for AOS whilst on a VWP (I don't feel brave enough to do that route a second time. I don't even know how it would go with me re entering the USA on a VWP if I abandoned my GC

Research threads here on the differences between the K1 process and the CR-1 process.  Both have their pros and cons depending upon your outlook (ie. being able to work in the US immediately vs. waiting for work authorization, cost of each process, time spent apart during each process, etc)

Edited March 29, 2018 by Going through

[Roel 7,193]

My advice. 1. Formally give away your old green card in the embassy. 

2. Have the US citizen girl to apply for k1 visa. 

3. Expect a lot of questions especially since you knew here when you were still married to the woman nr1. 

[Crazy Cat 42,621]

How long was your overstay?  It is still on your records as an overstay.

Edited March 29, 2018 by missileman

[Gizzy66 0]

30 minutes ago, Roel said:

My advice. 1. Formally give away your old green card in the embassy. 

2. Have the US citizen girl to apply for k1 visa. 

3. Expect a lot of questions especially since you knew here when you were still married to the woman nr1. 

I met her at work at a corporate meeting. We were seperate then. And divorced for a good 4 month prior to the start of a relationship, would that still be an issue?

[Gizzy66 0]

18 minutes ago, missileman said:

How long was your overstay?  It is still on your records as an overstay.

It was for 11 months but when I had my first interview the officer said not to worry about it. It wasn't an issue. And it was never brought up again not have I received any documentation on it.

[Going through 5,671]

25 minutes ago, missileman said:

How long was your overstay?  It is still on your records as an overstay.

Any overstay would have been forgiven with the previous AOS approval based on marriage/conditional green card approval.

Edited March 29, 2018 by Going through

[Crazy Cat 42,621]

5 minutes ago, Going through said:

Any overstay would have been forgiven with the previous AOS approval based on marriage/conditional green card approval.

It would have been forgiven for AOS purposes.....but is it still on his records as an overstay?  Will it affect re-entry for a K-1?

Edited March 29, 2018 by missileman

[Going through 5,671]

5 minutes ago, missileman said:

It would have been forgiven for AOS purposes.....but is it still on his records as an overstay?  Will it affect re-entry for a K-1?

It shouldn't affect the K1.  If the OP had a conditional green card and essentially abandoned that before ROC took place, it won't affect the re-entry if (presumably) the K1 is approved.  

 

I believe (from my understanding of the law and the info the OP provided), that if he hadn't left the country after not going through the ROC, then yes he would have incurred overstay since then he wouldn't have been in legal status....but sounds like he left soon after his ex-wife (supposedly) received notice on his behalf before ROC took place?

 

@Gizzy66 did you have a 2-year conditional green card, or the 10-year green card?