garebear397

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!

Commenting also to later share how our process goes. I am the US Citizen, we have been living in Chile for the past 4 years, and applied for my wife´s CR-1 visa back in June. Planning to move at the same time as my wife, and use my parents as joint-sponsors. I do have my states drivers license, US bank accounts with statements mailed to my parents house (where we plan to live initially), and we have a daughter that will be school age that I will take steps to register in schools before the interview.

Just adding to all the voices in this forum that say that CR-1 is better. It is better. We have done K-1 and are currently doing CR-1. 2-3 months faster to enter the US on a K-1 is not worth 10-12 months longer processing time where you can't leave the US or work. You say that it wouldn't be a big deal....but what about visiting your family, or if your spouse loses their job, or a whole host of other reasons. 10-12 months is not a short time.

You can go ahead and try the ESTA, it takes like 5 mins online -- but I am fairly confident that a previously denied visa is pretty much an automatic rejection of ESTA (my wife got denied for an ESTA because she had a denied visa 10 years ago, and she had to get a B2 visa instead). Its an automatic system, as far as I know there is no physical person that will look at the situation. Basically the idea of the ESTA is that anyone that has no marks on their records (so to speak) can get it, and any situation that is somewhat irregular has to go through the normal visa process, where a physical person can evaluate the case. Also -- K-1s have maybe a very minimal faster processing speed than CR1 just to be able to enter the country, but the overall process to obtain greencard is longer with a K-1 and more costly, and as others have mentioned during AOS (adjustment of status) in the US you can't work or leave the country for often times 6 months or more. Most everyone in this forum who has experience is going to reccomend a CR1 over K-1. And I would say the same, being someone who has gone through the K-1 route once (succesfully) and is in process for the CR1 visa right now.

Didn't see a thread for June yet, so I will start one (though let me know if I missed it). We were married back in 2017, already went through the K-1 visa process and my wife got her green card, we lived in the US for 2 years and then for family reasons moved back to Chile. Now with two kids with us we are looking to move back state-side. Yay Round 2! Filed on June 4th online, recieved the Reciept Notice the same day and based on that document it looks like it will be processed in Virginia. I assume this is NOT the same as the official NOA1? I suppose that will come in the mail?