VWP after surrendering Green Card

[epsonderby 85]

I'm just in the process of surrendering my Green Card to the American embassy here in London. Sadly my marriage didn't work out. Hey ho!

I completed my AOS from VWP when in the US, back in December 2012. Is there a way to know if I'm ineligible to use the VWP again? or whether I need to apply for a B-2 visa to visit the US again in the future?

[Boiler 43,430]

As long as you did not overstay and get a go from ESTA should be OK.

[Severina 7]

I surrendered my green card in January this year to the US Consulate in Frankfurt. My mom is sick and I had to return to Germany. My husband is going to live with me here. So I asked the consular officer if I could visit the US unter the VWP again. He first asked me if I ever had any problems with the law. I said no and he said in this case I should just make sure that I have enough binding ties to Germany. You will have to fill in form I-407 and they will give you a stamped copy of this form as receipt. You should take it with you when you travel to the US cause the IO might want to see it. So far I haven't tried it yet and I admit I feel a little nervous about entering the US again, especially with my husband still living there. But eventually I will have to go in order to help him pack our stuff. I just hope that everything will go smoothly.

[epsonderby 85]

As long as you did not overstay and get a go from ESTA should be OK.

I can't remember if I sent the paperwork before the 90 days expired, or after? Is there a way to find out online, via the USCIS? or over the phone?

[Boiler 43,430]

I take it that you did not keep your paperwork?

The date that matters would be the NOA1.

Do not know how you would get a copy, FOIA?

[epsonderby 85]

My NOA1 date is 4 days after I should have left on the VWP. B-2 Visa it is then

[Boiler 43,430]

If you do not have any immediate pans then I would wait before applying, will look better the longer you have been out.

[Hypnos 6,576]

Sadly you are now ineligible to use the VWP for life.

[epsonderby 85]

Sadly you are now ineligible to use the VWP for life.

Nothing to be sad about, It's not a big issue to apply for a B-2, and it has the added benefit of being able to stay up to 180 days if I want to do some touring in the future

[Boiler 43,430]

I was going to add the same, pluses and minuses.

[MacUK 983]

Nothing to be sad about, It's not a big issue to apply for a B-2, and it has the added benefit of being able to stay up to 180 days if I want to do some touring in the future

I hate to be a downer but you face an uphill struggle to be approved for a B2.

You abused the VWP privilege

You have shown immigrant intent (even though you voluntarily returned home)

That's not saying that you won't be approved, but you will have more to prove to the CO of your reasons to return to the UK.

I've been denied three times at London so far.

It's not as simple as applying for it and getting it.

Good luck, maybe I'll see you at London when I go for a fourth denial sometime in the near future.

[Boiler 43,430]

Your situation is different, I have seen similar scenarios which worked out.

[MacUK 983]

Like I said, nothing says it won't be approved, it'll just be a little harder than it would be for someone who hadn't overstayed.

[epsonderby 85]

Like I said, nothing says it won't be approved, it'll just be a little harder than it would be for someone who hadn't overstayed.

I'm not too concerned. I spoke to the Embassy today and they mentioned that it is a simple process. Apply for the B-2 and go from there. I asked about the 3 days I overstayed and they said that it only really becomes an issue when the overstay is over 180 days, but that would be raised when speaking with the Officer on the day. Ultimately, they make the decision and I'll follow any guidance given to me at the time.

I also know that having all the visas in the world means nothing until you've gone through POE. They would be well within their rights to refuse entry, although having the stamped I-407 should prove that there isn't any immigration intent and if they are SUPER concerned, they can annotate the passport with 'CANNOT IMMIGRATE ON THIS VISA' or something similar, from what the email from the Embassy said today.The embassy have been pretty good and responded very quickly, saves spending $$$ ringing the phone line!

This abuse thing of the VWP comes up on here a lot. I didn't abuse it. I had a change of circumstances that were judged by the lawful powers that be in the US to be within the spirit of the AOS process, regardless of what others may think.

Nothing more to be said other than I will report back on my progress and how I find POE when I get around to travelling...

[Boiler 43,430]

Do not worry about a stamp, legally it is meaningless.