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Can I enter the USA again soon?

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  • Can I enter the USA again soon?

    I came as a tourist on VWP (90 days maximum stay), and I got married on the 70th day of my stay, then I sent my AOS on the 87th days, which was okay.

    But my receipt date is on the 115th day due to the INS time of opening and cashing the money orders.

    I got divorced after a year and left the USA when the INS asked me to, I am now in my home country.

    I dont even know if I will be allowed to travel back to the US or if I am subject to the 10 year bar???

  • #2
    I came as a tourist on VWP (90 days maximum stay), and I got married on the 70th day of my stay, then I sent my AOS on the 87th days, which was okay.

    But my receipt date is on the 115th day due to the INS time of opening and cashing the money orders.

    I got divorced after a year and left the USA when the INS asked me to, I am now in my home country.

    I dont even know if I will be allowed to travel back to the US or if I am subject to the 10 year bar???

    Comment


    • #3
      I also need to say that I sent my AOS thru regular mail not certified...so the only proof I have that I sent my AOS before the 90 days expire is a "regular" receipt from the post office dated on the 87th day.

      Well also I bought the money orders on the same day (87th day). But that doesnt prove anything.

      Do you know if when INS receive an AOS if they enter the DATE STAMPED (by the post office) on the enveloppe in their computer???
      It should be the case, otherwise, how can they tell if we applied on time???

      Because, I think that the date that counts is the post office date and not the date INS processes your AOS, right?

      Comment


      • #4
        The three year bar does not apply until after you accrue 180 days of unlawful presence. At most, you had only a few days of unlawful presence if that argument can be made at all. What matters is how the INS asked you to leave. Did they grant voluntary departure?

        info@myronmorales.com

        Comment


        • #5
          2 days after the day the interview was supposed to take place, the INS sent me letter saying that my AOS had been denied and that I had 30 days to leave the country after which I will start accruing unlawfull presence.

          Comment


          • #6
            oops I forgot to say that I left a week before those 30 days were over.

            Comment


            • #7
              To Dennis:
              You should keep all these records with you. As facts stated above, you have not accrued any unlawful or unauthorized stay in the United States. There should be no problem for your re-entry to the United States.
              To be safe, you can go to American Embassy in your country and apply for Visit Visa. Although you are from VWP countries but you can still get a Visa stamped on your passport.
              Good luck.

              Comment


              • #8
                Thank You Very Much!

                Comment

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