Visiting the US after divorce?

[Boiler 46,371]

Would only be an issue if you had wanted to stay

[SusieQQQ 11,587]

Yep so 

file i407 

apply esta and see if it accepts you - then you can use the VWP 

If it doesn’t - apply for a visa

there is CBP preclearance in Ireland so worst case is you’d be turned back in Ireland, but from what you’ve said here I don’t  really think there’ll be a problem. (If you had wanted to stay in the US you could have done that with a divorce waiver.)

[michael355 1]

10 minutes ago, SusieQQQ said:

Yep so 

file i407 

apply esta and see if it accepts you - then you can use the VWP 

If it doesn’t - apply for a visa

there is CBP preclearance in Ireland so worst case is you’d be turned back in Ireland, but from what you’ve said here I don’t  really think there’ll be a problem. (If you had wanted to stay in the US you could have done that with a divorce waiver.)

This is very encouraging for me. Thank you! I'm going to send off the I-407 this week

[HRQX 4,145]

4 hours ago, michael355 said:

after the Covid issues have calmed down.

Just a note that the Presidential Proclamation is in effect indefinitely until ended by the President. In the meantime, if you want to visit the US with VWP (or B-2) then you'll have to go to an unrestricted country (e.g. Canada, Mexico, Serbia, Croatia, Turkey, Hong Kong, Macau, South Korea, etc.) for 14 days and then fly directly from the unrestricted country to the US:

Edited September 8, 2021 by HRQX

[African Zealot 1,456]

Is it also possible to apply for a visa and then submit the relinquish forms i-407 directly to the consular officer? I am thinking it would look better than applying for ESTA and getting possibly denied then applying for a visa. @Boiler @SusieQQQ

Edited September 8, 2021 by African Zealot

[HRQX 4,145]

21 minutes ago, African Zealot said:

Is it also possible to apply for a visa and then submit the relinquish forms i-407 directly to the consular officer?

It's "very rare" for the embassy to accept that; usually they may accept it when applying for an A or G category visa: https://www.uscis.gov/i-407 "In very rare circumstances, a USCIS international field office or U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your LPR status. The most common need for an expedited application is to apply for an A or G visa. You may also submit Form I-407 to a U.S. Customs and Border Protection officer at a U.S. port of entry." If OP is fully vaccinated then Canada is an option as an "unrestricted country" and Canada has Preclearance locations: https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada; https://www.cbp.gov/travel/preclearance

 

Per the above bolded part, OP should submit the ESTA application before travelling to the US (*through the 14-day visit in unrestricted country as I detailed in my previous post) and then submit the I-407 at POE. Also, Dublin embassy is not currently processing routine Tourist visa applications: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

Edited September 8, 2021 by HRQX

[HRQX 4,145]

3 hours ago, michael355 said:

once I post the I-407

Instead of mailing it you can submit the form at the Port-of-entry: https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status."

Edited September 8, 2021 by HRQX

[SusieQQQ 11,587]

37 minutes ago, African Zealot said:

Is it also possible to apply for a visa and then submit the relinquish forms i-407 directly to the consular officer? I am thinking it would look better than applying for ESTA and getting possibly denied then applying for a visa. @Boiler @SusieQQQ

They have to be submitted to the US only afaik but certainly bringing a copy/receipt notice/etc would work. 

[SusieQQQ 11,587]

9 minutes ago, HRQX said:

Instead of mailing it you can submit the form at the Port-of-entry: https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status."

But not having submitted it before then may conflict with getting ESTA approval or a visa? Or do you mean just take it to the CBP guys at Dublin airport before actual travel is attempted?

 

 

Edited September 8, 2021 by SusieQQQ

[HRQX 4,145]

12 minutes ago, SusieQQQ said:

But not having submitted it before then may conflict with getting ESTA approval or a visa?

Nope. It doesn't affect the ESTA (or visa) approval. Thus, I-407 is submitted at POE after the ESTA is approved. https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status."

Edited September 8, 2021 by HRQX

[SusieQQQ 11,587]

16 minutes ago, HRQX said:

Nope. It doesn't affect the ESTA (or visa) approval. Thus, I-407 is submitted at POE after the ESTA is approved. https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status."

IF the ESTA is approved, we’ve seen reports here of ESTA not being approved for unofficially abandoned GCs who haven’t submitted/processed the form yet. 

[HRQX 4,145]

10 minutes ago, SusieQQQ said:

IF the ESTA is approved, we’ve seen reports here of ESTA not being approved for unofficially abandoned GCs who haven’t submitted/processed the form yet. 

Many "unofficially abandoned GCs" cases that I personally know have been approved for ESTA, but like any application it can be denied. The standard operating procedure is to either mail the form to USCIS or submit it at POE. For the latter case the I-407 is submitted after getting the ESTA.

[Mollie09 1,543]

17 hours ago, michael355 said:

In what sense? My ex-wife notified them that we would be divorcing, effectively voiding my conditional green card. I still have it in my wallet, but it is of course expired.

Just a note (as someone who got divorced on a conditional green card) that your ex-wife notifying anyone of anything doesn't really matter, it doesn't void your conditional green card at all.

Just for future reference, but it sounds like you wanted to leave anyways.