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  • Can I enter the U.S again?

    I married to USC when came here on VWP. After 1.7 year marraige, we decided to end our marriage. Since I am not planning to live here at the moment, I don't want to file for I-751 after divorce gets final.

    My question is that am I illegal or something that prevents me from entering the U.S as a visitor in the future? I have my sister living here and want to visit her like before. My lawyer said to me that I can leave and come back anytime as a visitor again since I have never been illegal status here. (We sent I485 application before my I-94 got expired.) However, how the immigration officer at the airport knows I applied within 90days from my passport?

  • #2
    I married to USC when came here on VWP. After 1.7 year marraige, we decided to end our marriage. Since I am not planning to live here at the moment, I don't want to file for I-751 after divorce gets final.

    My question is that am I illegal or something that prevents me from entering the U.S as a visitor in the future? I have my sister living here and want to visit her like before. My lawyer said to me that I can leave and come back anytime as a visitor again since I have never been illegal status here. (We sent I485 application before my I-94 got expired.) However, how the immigration officer at the airport knows I applied within 90days from my passport?

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">...Since I am not planning to live here at the moment, I don't want to file for I-751 after divorce gets final.

      My question is that am I illegal or something that prevents me from entering the U.S as a visitor in the future?... </div></BLOCKQUOTE>

      If I were in your shoes I would find ways for my plans to fit the law; rather than finding the law to fit my plans.

      Why don't you file I-751 (waiver) after the divorce? Anyway you entered into the marriage in good faith (I hope), remove your conditions on permanent residency, and abide by its terms and apply for citizenship. It's a few months timeline down the road.

      In my opinion, trying to come back on a tourist visa in the future, after all what you've said and done while in here, is very highly discretionary.

      Comment


      • #4
        I go with the lawyer, nothing you have said suggests that you are ineligible to use the VWP in the future.

        I-751 is irrelevant in your case.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by myumyu: However, how the immigration officer at the airport knows I applied within 90days from my passport? </div></BLOCKQUOTE>
          Maybe it would be a good idea to keep a copy of NOA-1 (confirmation of I-485 package) with your passport for a while..so you'll have a proof if you encounter some problems.
          In addition, return your GC to the US embassy in your country (expired or not). When traveling, also have the copy of I-407, that you'll receive when returning GC, with you.

          Comment


          • #6
            there is nothing in what u stated to sugest u are not eligible to use the VWP again to visit.

            At the moment u are using ur conditional gc? Your not going to renew it when the time comes. Your still within status at the momemt? Not that the conditional has expired without renewal this then puts u in an illegal status. Make sure u have all ur dates of expiry in place.

            Comment


            • #7
              Thank you very much for all the advice. I am now in the U.S. I will be here until our divorce get finalized and return the GC with the divorce paper to immigration.

              I am still not sure about this eligiblility to use VWP. When I entered here with VWP, I was not supposed to change my status, I think it is wirtten in I94 paper in a little sentence. I worry that immigration at the airport might tell me I am not elligible to enter the U.S in the future..

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I am still not sure about this eligiblility to use VWP. When I entered here with VWP, I was not supposed to change my status </div></BLOCKQUOTE>

                Yes, with the exception of immediate relatives of a USC, which what you falls under. The problem is USCIS can always argue that you already have immigration intent when using your VWP.

                Comment


                • #9
                  Marmaduk, that's my idea when I posted my previous comment. Well, for me, VWP taken alone by itself under normal circumstances is OK, with no problems.

                  But when the OP, after all what she has said and done while on VWP on US soil (immigrant intent thru marriage-based AOS that went awry), that, in my opinion, puts the CBP officer and her in a situation on her re-entry which is a far from normal landscape.

                  Comment


                  • #10
                    Yes. That is what I worry about and want to ask. I don't understand why my lawyer doesn't look at it as a big problem. He keeps telling me there will be even less than 5% chance of getting denied at the airport. I am confused.

                    Comment


                    • #11
                      That's why I maintain my position of finishing off up to the end the AOS that you have started while you're still here and for which you have control over, rather than throwing caution into the air hoping that tomorrow's "unknowns and unsures" will turn out OK.

                      Comment


                      • #12
                        I think we're overanalyzing just a bit here. Correct me if I'm wrong, but judging from your previous post you already have in your possession the conditional GC isn't it? In that essence, USCIS already absolve you from the immigration-intent problem, otherwise they won't grant you the GC to begin with. Couple with your decision to return the GC,etc, it should show to USCIS you're following the law.

                        In short, I agree with the lawyer

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by myumyu:
                          Yes. That is what I worry about and want to ask. I don't understand why my lawyer doesn't look at it as a big problem. He keeps telling me there will be even less than 5% chance of getting denied at the airport. I am confused. </div></BLOCKQUOTE>

                          Apart from getting US Citizenship, what is your other option?

                          Post here is you want further confirmation:

                          http://britishexpats.com/forum/

                          Comment


                          • #14
                            Thank you for all the advice. I will bring all the paper I 485, 130 just in case. I hope the person who will check my passport is not going to make a big issue...

                            Comment


                            • #15
                              Stay in your own country and stop ab-using ours. You certainly are a woman of no self respect, no character, no pride. You certainly had no intentions of being married nor did you take marriage seriously. It is people like you that we are getting rid of.
                              to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

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