visiting the US after abandoning AOS

[Ana 0]

Hello!!! I left the US without an AP since me and my husband are now separating, but I will need to go back in for the divorce. I have my K1 filed with my brazillian passport but would be entering with a canadian passport. Anyone knows if there might be a problem?

PS. I am not living in Canada, I am in Portugal.

Do you think as long as I bring proof I am coming back, it's okay?

[leroy1999 0]

Did you declare on your K1 application that your a dual citizen ?

To be honest I think your going to get some serious questions asked at the POE. You have been finger printed so it doesnt matter if you try and show a different passport - you will come up on the system.

[Ana 0]

Did you declare on your K1 application that your a dual citizen ?

To be honest I think your going to get some serious questions asked at the POE. You have been finger printed so it doesnt matter if you try and show a different passport - you will come up on the system.

yes, that's exactly what I thought, because of the fingerprinting.

I didn't have dual citizenship yet when I filed for K1...i just got it last year...

But i still don't understand how i can get a divorce if I can't go back inside the country! All the lawyers said that I HAVE to be there. I know I can cross on land...but by plane...I'm worried...

[jula 0]

Ana,

along with bringing the proof of ties to your current residence, have a court letter with a hearing date, or similar; an invitation from lawyer.

On the other hand, the fact that you abandoned AOS does not bar you from enetring the US ever. I don't see a problem in using a different passports than the one used for K1.

Did you formaly withdraw your AOS aplication?

Edited April 18, 2006 by jula

[Mand 1]

I would call your relevant U.S. Embassy in Portugal and tell them all the facts and ask them if you need to go to them to obtain a vistor's visa of if you can use the VWP (not sure if Portugal has the VWP).

It's better to get all the info before you go booking any tickets, that way you can do it right and with no worries.

[Ana 0]

Thank you VERY much, all of you!!!! It's enough to worry about getting a divorce, now all this visa stuff...it never ends, does it?

I hoped I could still enter the US, there are so many places I want to visit, I didn't want this to get in the way...especially since my ex husband and I remain in friendly terms and I would still like to visit him...

I never did formally withdrawl my AOS application....I guess I'll see what the embassy has to say about that....once again...Thank you SO much everyone

[Ladylethal 12]

You should have formally withdrawn your AOS application, and bring something proving you have a divorce hearing, as well as the usual proof that you have the intention of going back to Canada, or Brasil. (One of the two countries you have dual-citizenship of, depending on wich passport you'll be using).

[diadromous mermaid 36]

Hello!!! I left the US without an AP since me and my husband are now separating, but I will need to go back in for the divorce. I have my K1 filed with my brazillian passport but would be entering with a canadian passport. Anyone knows if there might be a problem?

PS. I am not living in Canada, I am in Portugal.

Do you think as long as I bring proof I am coming back, it's okay?

Your profile does not list anything after January 2005, but I see you did receive AP. Did you leave after the expiry date on the AP? Were you called for an interview that you didn't attend.

[dmartmar 1]

Yes, that's exactly what I thought, because of the fingerprinting.

I didn't have dual citizenship yet when I filed for the K1. I just got it last year.

But, I still don't understand how I can get a divorce if I can't go back inside the country! All the lawyers said that I HAVE to be there. I know I can cross on land, but by plane? I'm worried!

That's not true. You DON'T HAVE to be physically present to get a divorce.

All your husband has to do is file for divorce by placing an ad in the newspaper. You don't have to be served, nor sign anything.

[meddykomp 0]

Yes, that's exactly what I thought, because of the fingerprinting.

I didn't have dual citizenship yet when I filed for the K1. I just got it last year.

But, I still don't understand how I can get a divorce if I can't go back inside the country! All the lawyers said that I HAVE to be there. I know I can cross on land, but by plane? I'm worried!

That's not true. You DON'T HAVE to be physically present to get a divorce.

All your husband has to do is file for divorce by placing an ad in the newspaper. You don't have to be served, nor sign anything.

Different states have different requirements about this. The add in the paper does not work in all places. Where I live, it takes a couple years to prove abandonment.

[dmartmar 1]

Different states have different requirements about this. The ad in the paper does not work in all places. Where I live, it takes a couple years to prove abandonment.

He could also mail her the divorce papers, since according to her, they're on good terms. And if he doesn't, he can file any ad w/o using abandonment as the reason. The edict divorce works in every state.

On the one hand, she says she needs to come back for the divorce, but on the other she says there are a lot of places she'd like to still visit.

She's even saying that this time she's considering coming through Canada using a different passport!

Am I the only one here smelling fraud and/or law breaking?

Edited October 7, 2006 by dmartmar

[ChristinaM 0]

Am I the only one here smelling fraud and/or law breaking?

Yes. Yes you are.

[KarenCee 3]

Different states have different requirements about this. The ad in the paper does not work in all places. Where I live, it takes a couple years to prove abandonment.

He could also mail her the divorce papers, since according to her, they're on good terms. And if he doesn't, he can file any ad w/o using abandonment as the reason. The edict divorce works in every state.

On the one hand, she says she needs to come back for the divorce, but on the other she says there are a lot of places she'd like to still visit.

She's even saying that this time she's considering coming through Canada using a different passport!

Am I the only one here smelling fraud and/or law breaking?

Good Lord...here you go again. Maybe you need to get your "nose" checked. Sheesh.

[dmartmar 1]

If,

Hello!!! I left the US without an AP since me and my husband are now separating, but I will need to go back in for the divorce.

Then,

I hoped I could still enter the US, there are so many places I want to visit.

And,

I have my K1 filed with my brazillian passport.

Or,

but would be entering with a canadian passport.

Plus,

especially since my ex husband and I remain in friendly terms and I would still like to visit him..

Minus,

Do you think as long as I bring proof I am coming back, it's okay?

Equals,

Anyone knows if there might be a problem?

[sjoefl01 1]

I think in most places he would send you a divorce agreement and if you sign it there is no need to be present nor run ads in the newspaper claiming abandonment.