getting a visa after GC abandonment

[MaSC 0]

Hello,

 

I was studying in the US in 2010,  with a F1 visa.... life changed and I met my Ex ( US citizen ), we got married, and he applied for my Green Card

 

Because we changed our plans, and to save money ( and because I was really stupid ), I quit school ( I believe that I was 4 months out of school ( on a F1 visa entry )before we actually sent the AOS papers )...... ( overstay??? )

 

The problem is : Few months after I got my 10-year green card , me and my Ex decided to get divorced. It did not make sense for me to live in the US alone, so I came back to my country ( Argentina ) .

 

To avoid problems with IRS, etc, I abandoned my GC via the oficial form (- form I-407 (??) )

 

I wanna visit the US next year. Is there any chance for me to get a Visa? I was reading DS-160 and there are questions regarding "overstaying" what I think I did.

 

Do you think its even worth trying or it is an automatically "NO"?

 

** I don't know if that changes anything but now Im  also a citizen of France and I have a France passport....but I don't wanna apply for ESTA for the same reason ( overstaying )

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited January 24 by MaSC
typo

[Boiler 45,466]

You can always apply, I do not know if you will be approved or not.

[randomstairs 303]

26 minutes ago, MaSC said:

Hello,

 

I was studying in the US in 2010,  with a F1 visa.... life changed and I met my Ex ( US citizen ), we got married, and he applied for my Green Card

 

Because we changed our plans, and to save money ( and because I was really stupid ), I quit school ( I believe that I was 4 months out of school ( on a F1 visa entry )before we actually sent the AOS papers )...... ( overstay??? )

 

The problem is : Few months after I got my 10-year green card , me and my Ex decided to get divorced. It did not make sense for me to live in the US alone, so I came back to my country ( Argentina ) .

 

To avoid problems with IRS, etc, I abandoned my GC via the oficial form (- form I-407 (??) )

 

I wanna visit the US next year. Is there any chance for me to get a Visa? I was reading DS-160 and there are questions regarding "overstaying" what I think I did.

 

Do you think its even worth trying or it is an automatically "NO"?

 

** I don't know if that changes anything but now Im  also a citizen of France and I have a France passport....but I don't wanna apply for ESTA for the same reason ( overstaying )

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I honestly think that you have a good chance of getting the visa because formally abandoning the LPR status strongly signals against an immigration attempt. Of course, answer all the questions truthfully and explain.

[PaulaCJohnny 713]

IMO they will balance the past and the present.

 

If you have strong ties to Argentina, you have funds to your trip, and you are applying with a genuine intent you have more chances but as you know the goal is to find reasons to see if you have intentions to stay here. Visa is a lottery.

 

My advice is: be honest. They already know eeeeverything about your past immigration journey, now they need to check your present. Focus on those things to increase your chances.

 

Good luck 

[Dashinka 24,487]

This will be an interesting one to follow.  F1 with an overstay to AOS, then the I407, and now a B2 application.  I agree with @PaulaCJohnny, the consulate officer will have all that information, and will balance everything with your B2 application.  Make sure you are honest with the DS160 and any questions the CO may ask.

 

Good Luck!  And let us know how it goes.

[garebear397 69]

So our situation while probably not quite as "messy" is pretty similar and worked out for us -- so I think its worth applying. 

 

My wife (Chilean) back when she was 18 or so overstayed a few weeks in the US while visiting family -- because at the time didn't understand well the i-94 stamp (she thought she had 6 months with her B2 visa, and was only given 3 months at the time of entry). She applied for another B2 visa afterwards, was initially denied for the overstay...applied again a year later and was approved for 10 years. Many years later we got married, we went through the K-1 visa process, got her green card, lived in the US for a couple years, and then due to health problems of her dad we moved to Chile (been here 4 years). She also gave up her green card (form I-407) after we moved. 

 

When we wanted to visit the US with our family she was unable to use the ESTA (like you said its pretty much an automatic rejection if you have an overstay, and she also had been denied a visa at one-point). But she applied for a new B-2 visa, and was approved without many questions. Also one extra layer of complication we had was that she was applying for a B-2 visa during COVID, the Santiago office was closed to B-2 interviews....so we contacted other embassies in neighboring countries, and she eventually interviewed in the La Paz, Bolivia embassy, and like I said she was approved for her 10 year B-2. 

 

All this to say that she had a bit of a messy situation as well, but overall she could show a history of trying to do things the right way (previous GC holder, several trips to the US and back as a visitor, gave up her green card when she moved) even if she had made a mistake a long time ago -- which is similar to your case. She had I would say medium-strong ties to Chile (car, apartment rental, job), and she is married to a US citizen (which actually works against you for a B-2 visa). 

 

Good luck!

 

 

Edited January 24 by garebear397

[MaSC 0]

56 minutes ago, garebear397 said:

So our situation while probably not quite as "messy" is pretty similar and worked out for us -- so I think its worth applying. 

 

My wife (Chilean) back when she was 18 or so overstayed a few weeks in the US while visiting family -- because at the time didn't understand well the i-94 stamp (she thought she had 6 months with her B2 visa, and was only given 3 months at the time of entry). She applied for another B2 visa afterwards, was initially denied for the overstay...applied again a year later and was approved for 10 years. Many years later we got married, we went through the K-1 visa process, got her green card, lived in the US for a couple years, and then due to health problems of her dad we moved to Chile (been here 4 years). She also gave up her green card (form I-407) after we moved. 

 

When we wanted to visit the US with our family she was unable to use the ESTA (like you said its pretty much an automatic rejection if you have an overstay, and she also had been denied a visa at one-point). But she applied for a new B-2 visa, and was approved without many questions. Also one extra layer of complication we had was that she was applying for a B-2 visa during COVID, the Santiago office was closed to B-2 interviews....so we contacted other embassies in neighboring countries, and she eventually interviewed in the La Paz, Bolivia embassy, and like I said she was approved for her 10 year B-2. 

 

All this to say that she had a bit of a messy situation as well, but overall she could show a history of trying to do things the right way (previous GC holder, several trips to the US and back as a visitor, gave up her green card when she moved) even if she had made a mistake a long time ago -- which is similar to your case. She had I would say medium-strong ties to Chile (car, apartment rental, job), and she is married to a US citizen (which actually works against you for a B-2 visa). 

 

Good luck!

 

 

 

thank you for telling your wife story, that gives me hope.

when she applied for the B2 visa she mentioned the "overstay"?

 

I have strong ties to my country, I also have a really good financial situation, etc. ( I don't think a person in my situation would normally have a visa "denied"  )

 

... but since I made a  mistake in the past, Im afraid that gonna hunt me down.

 

thank you!!

 

[jan22 3,052]

Personally, I would apply for ESTA first. If it's approved, no need to worry about anything else.  If there was an overstay -- hard to tell with a student visa when someone is admitted for "Duration of Status" (D/S) -- it was overcome by the issuance of the Green Card. You might be approved more eaidly be approved for ESTA than a visa.

[SalishSea 17,818]

3 hours ago, MaSC said:

 

thank you for telling your wife story, that gives me hope.

when she applied for the B2 visa she mentioned the "overstay"?

 

I have strong ties to my country, I also have a really good financial situation, etc. ( I don't think a person in my situation would normally have a visa "denied"  )

 

... but since I made a  mistake in the past, Im afraid that gonna hunt me down.

 

thank you!!

 

You are required to mention it (they know about it anyway)….

[garebear397 69]

3 hours ago, MaSC said:

 

thank you for telling your wife story, that gives me hope.

when she applied for the B2 visa she mentioned the "overstay"?

 

I have strong ties to my country, I also have a really good financial situation, etc. ( I don't think a person in my situation would normally have a visa "denied"  )

 

... but since I made a  mistake in the past, Im afraid that gonna hunt me down.

 

thank you!!

 

Yes she mentioned it and it was like one of the first things they asked her. Pretty much every interview she has had with the consulate has asked her about it -- I am sure it pops right up when they look for her record. But everytime she has explained it, they don't ask more and it isn't made a big deal. 

 

1 hour ago, jan22 said:

Personally, I would apply for ESTA first. If it's approved, no need to worry about anything else.  If there was an overstay -- hard to tell with a student visa when someone is admitted for "Duration of Status" (D/S) -- it was overcome by the issuance of the Green Card. You might be approved more eaidly be approved for ESTA than a visa.

 

You can, its online and takes a couple mins. But there is a question about if you have ever overstayed a visa -- and it pretty much automatically rejects the ESTA if you say "yes". I don't think any actual human being looks at an ESTA aplication, its basically an automated system. With the idea that if you need any extra evaluation that requires a human you go through the B2 process. 

 

 

 

Edited January 24 by garebear397