Complicated Situation! Can I return to the USA as a Tourist?

[Fedupwife 0]

Hi Everyone,

I've been searching this forum for an answer but can't find any similar topics! Apologies if this question has been posted in the wrong section.

I'm a British citizen and was in a relationship with a US citizen for 6 years. I came to the USA in December 2013 and was intending to stay for 3 months (I had done this several times throughout the years). However, we decided to get married a few weeks into my stay, so we got married in March 2014 and I filed for AOS in April 2014 two weeks after my VWP had expired. In October 2014 I received my conditional greencard. However, my marriage had been deteriorating and I left in Feb of this year and moved back to the UK and have now filed for divorce. I do not want to live in the USA again. However, I am wondering how this situation would affect me returning as a tourist in the future? Would I need to apply for a B2 visa? Also, as my VWP time had expired in March and I didn't receive my greencard until October, would that be classed as an illegal 180 days overstay and trigger a 3 year ban on me returning? I'm in no rush to return to the USA, but just curious to know if I'm allowed back in the country at some point!

Thanks,

[nane1104 146]

Please someone correct me if I am wrong but to the best of my knowledge, your overstay is forgiven once you received your greencard.

If you would like to use the VWP again, you need to terminate your LPR status by surrendering your greencard. Once your status has been changed in the system, I don't see why you wouldn't be able to visit the US again as a tourist.

[Hypnos 6,576]

You overstayed on the VWP, rendering you ineligible to use the VWP again - ever. Your overstay was only the two weeks between your authorised VWP stay expiring and the date your I-485 was accepted for processing by USCIS, but any overstay at all on the VWP makes you permanently ineligible to use it again.

To visit the US you will always need to have a visa, and so to visit as a tourist would need to obtain a B-2 tourist visa. Given that you already filed for AoS once on the VWP then expect this to be an extremely uphill battle; you would need to show extremely significant ties to the UK in order to obtain a B-2.

Edited October 8, 2015 by Hypnos

[Boiler 43,423]

You overstayed on the VWP, rendering you ineligible to use the VWP again - ever. Your overstay was only the two weeks between your authorised VWP stay expiring and the date your I-485 was accepted for processing by USCIS, but any overstay at all on the VWP makes you permanently ineligible to use it again.

To visit the US you will always need to have a visa, and so to visit as a tourist would need to obtain a B-2 tourist visa. Given that you already filed for AoS once on the VWP then expect this to be an extremely uphill battle; you would need to show extremely significant ties to the UK in order to obtain a B-2.

This

[d3adc0d3 186]

I may be mistaken, but if the OP got the NOA1 for the AOS before his/her VWP expired, wouldn't that nullify the overstay?

Edited October 10, 2015 by d3adc0d3

[Hypnos 6,576]

Yes it would - but the OP states they filed for AoS two weeks after their VWP stay expired, not two weeks before.

[d3adc0d3 186]

I somehow missed that.