Jump to content
Dana smiderle

Will the boarder let me back in?

By Dana smiderle in General Immigration-Related Discussion

 Share

7 posts in this topic

Recommended Posts

Dana smiderle Apprentice

Dana smiderle   2

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

So me and my wife separated a year ago and we will be getting a divorce in the next coming month. I left the US and went back to my home country when I had my K1 visa after getting married even though I didn’t have a travel visa. Will they let me across the border again even though I left in a way that is frowned upon or do I need to wait a certain amount of years? Please help!! 

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
10 minutes ago, Dana smiderle said:

So me and my wife separated a year ago and we will be getting a divorce in the next coming month. I left the US and went back to my home country when I had my K1 visa after getting married even though I didn’t have a travel visa. Will they let me across the border again even though I left in a way that is frowned upon or do I need to wait a certain amount of years? Please help!! 

Did you overstay the 90 days?  If so, by how many days before you departed?

YMMV

Link to comment
Share on other sites
Dana smiderle Apprentice

Dana smiderle   2

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
9 minutes ago, payxibka said:

Did you overstay the 90 days?  If so, by how many days before you departed?

I got married in those 90 days, and had already applied for a green card, we separated while the application for the green card was processing so I went back home. I just was curious if the border will let me back in the visit once me and my ex are divorced 

Link to comment
Share on other sites
DaveAndAnastasia Experienced

DaveAndAnastasia   2,092

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Well, once you're divorced you wouldn't qualify for a marriage-based exception to COVID-19 related travel restrictions, but assuming you're talking more about when those are gone, you'll have the same rights to visit the US as any other Canadian who doesn't have a visa. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Link to comment
Share on other sites
Dana smiderle Apprentice

Dana smiderle   2

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
36 minutes ago, DaveAndAnastasia said:

Well, once you're divorced you wouldn't qualify for a marriage-based exception to COVID-19 related travel restrictions, but assuming you're talking more about when those are gone, you'll have the same rights to visit the US as any other Canadian who doesn't have a visa.

So they won’t look at my file and think I’m trying to enter the US to stay? Or they will think I’m just here to visit since we’ve gotten a divorce?! 

Link to comment
Share on other sites
carmel34 Experienced

carmel34   3,633

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted (edited)
2 hours ago, Dana smiderle said:

So they won’t look at my file and think I’m trying to enter the US to stay? Or they will think I’m just here to visit since we’ve gotten a divorce?! 

Entry to the US for non-US citizens is always at the discretion of the CBP officer who will question you about the purpose of your visit, and yes, they can look you up on their computer system if they choose to.  The overstay should not be a problem if you had an active adjustment of status case during the period from when your I-485 was received until you left the US voluntarily, a period of "authorized stay."  Just be ready to explain your situation if you are questioned about it by the officer.  If they think you are trying to enter the US to re-kindle your relationship with your wife and continue the I-485 process to get a green card, you can show them a certified copy of your divorce decree.  If you're worried, also take evidence of strong ties to Canada (lease or ownership of your house or apartment in Canada, evidence of employment in Canada, etc.), to convince the officer that you will return after a short visit, but normally this is not required for Canadians.  You should be fine once you have a divorce decree in hand and after the border opens up again next year.  Or you can try the loophole of flying into the US.  Sorry the marriage didn't work out, and best of luck to you!

Edited by carmel34
Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from K1 Progress Reports to General Immigration-Related Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...