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Lolo20172017

AOS, green card surrendered, still married - will I get denied entry at the airport

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Hey guys,

I am flying to the US via Vancouver in a couple of weeks and I am a little concerned about getting denied entry. When I was young and stupid (7 years ago) I met a guy online, flew out to the states on ESTA to meet him in person. We were young and in love and got married in Vegas. So I adjusted my status (from non immigrant visa to permanent resident). We lived rather happily in the States for a couple of years. I then had to reapply for my green card - when based on marriage you have to prove that it's a bona fide marriage and that you are still together to get an unconditional green card). We filed for that in time. We had no kids, no property together other than two cars and two shared bank accounts nothing that officialy tied us together.. At that time our marriage was already pretty bad but we were living together and we were still thinking we would make it work. Between filing to get the conditions removed from the green card and getting a decision I found out he cheated and we called it quits. I was organizing everything to go back home to Austria, Europe. I then got a letter stating they need more informationa and more proof that this is a bona fide marriage. If they don't receive that I would get deported once my green card expired. At that time I had already booked a flight back home and left the US well before the date stated they would deport me if I don't show more proof. Back home I surrendered my green card at the US embassy in Vienna. I am still married with the guy because an international divorce is rather expensive and he is always broke and I don't see the point in paying for everything. I bought a house in Austria, live with the two dogs I brought back from the States and have the same job for 4 years now (management position) I now met an american in Germany about 6 months back. We hooked up and had a great time. His work visa in Germany ran out in June and he flew back to the states. I want to visit him now. I have no intention to stay. I can't get married again and adjust status since...well...I am still married. I just want to have a good 3 weeks with that man and fly back home to my job, my dogs and my home. I have a feeling I will have trouble at the airport. What do you guys think? When I gave up my green card I asked the lady at the embassy if I should expect problems in the future when entering and she said no. She told me to keep the paperwork she gave me stating that I willingly surrendered my green card and that I should bring it when I travel to the states. I have E-Mails between myself and the still-husband showing that we have no relationship (I did not see him since I left over 4 years ago) We are talking about a divorce for years now. I bought a house in Austria two years ago. So I own property here. I have a car, bills, accounts, family a job and everything else you would expect someone to have who lives somewhere permanently. Nobody has to worry I get married again and stay because I am still married. And as far as I know I can't get into the country on ESTA and then just decide to stay legally because I am married to a US citizen. I would have to apply for the green card here with my husband and then wait until I get it and THEN enter the US. I totally see how it all raises quesions but if you think about it it would not make any sense for me to not return after the 3 weeks. I come from a wealthy country and I have a good job (also have a college degree) I am definitely not planning on giving up my comfortable life in Austria to be an ILLEGAL immigrant without a job in the US. I know it does not mean much but ESTA got approved- in case someone wondered (with a 45 min delay though) Ugh, this is making me so nervous.

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10 minutes ago, Lolo20172017 said:

Hey guys,

I am flying to the US via Vancouver in a couple of weeks and I am a little concerned about getting denied entry. When I was young and stupid (7 years ago) I met a guy online, flew out to the states on ESTA to meet him in person. We were young and in love and got married in Vegas. So I adjusted my status (from non immigrant visa to permanent resident). We lived rather happily in the States for a couple of years. I then had to reapply for my green card - when based on marriage you have to prove that it's a bona fide marriage and that you are still together to get an unconditional green card). We filed for that in time. We had no kids, no property together other than two cars and two shared bank accounts nothing that officialy tied us together.. At that time our marriage was already pretty bad but we were living together and we were still thinking we would make it work. Between filing to get the conditions removed from the green card and getting a decision I found out he cheated and we called it quits. I was organizing everything to go back home to Austria, Europe. I then got a letter stating they need more informationa and more proof that this is a bona fide marriage. If they don't receive that I would get deported once my green card expired. At that time I had already booked a flight back home and left the US well before the date stated they would deport me if I don't show more proof. Back home I surrendered my green card at the US embassy in Vienna. I am still married with the guy because an international divorce is rather expensive and he is always broke and I don't see the point in paying for everything. I bought a house in Austria, live with the two dogs I brought back from the States and have the same job for 4 years now (management position) I now met an american in Germany about 6 months back. We hooked up and had a great time. His work visa in Germany ran out in June and he flew back to the states. I want to visit him now. I have no intention to stay. I can't get married again and adjust status since...well...I am still married. I just want to have a good 3 weeks with that man and fly back home to my job, my dogs and my home. I have a feeling I will have trouble at the airport. What do you guys think? When I gave up my green card I asked the lady at the embassy if I should expect problems in the future when entering and she said no. She told me to keep the paperwork she gave me stating that I willingly surrendered my green card and that I should bring it when I travel to the states. I have E-Mails between myself and the still-husband showing that we have no relationship (I did not see him since I left over 4 years ago) We are talking about a divorce for years now. I bought a house in Austria two years ago. So I own property here. I have a car, bills, accounts, family a job and everything else you would expect someone to have who lives somewhere permanently. Nobody has to worry I get married again and stay because I am still married. And as far as I know I can't get into the country on ESTA and then just decide to stay legally because I am married to a US citizen. I would have to apply for the green card here with my husband and then wait until I get it and THEN enter the US. I totally see how it all raises quesions but if you think about it it would not make any sense for me to not return after the 3 weeks. I come from a wealthy country and I have a good job (also have a college degree) I am definitely not planning on giving up my comfortable life in Austria to be an ILLEGAL immigrant without a job in the US. I know it does not mean much but ESTA got approved- in case someone wondered (with a 45 min delay though) Ugh, this is making me so nervous.

That is not correct. You could technically just adjust status again through your (still) husband who you haven't divorced from. 

 

It's tough to say how good your chances are to be let in. You just never know. There's not 'much' to lose though if you've already booked the tickets. Bring a lot of papers that prove your ties but then again I feel like they never look at that stuff at POE. It's definitely wort a try though! Good luck and let us know how it goes.

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Seems to me it would much easier and less suspicious if your friend cam to visit you in your country.......

How can emails prove no relationship.?  If I were the customs Officer, I would suspect you of intent to immigrate......."I am married to a USC, but I'm enetring to visit my boyfriend"....:o


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1 minute ago, Californiansunset said:

That is not correct. You could technically just adjust status again through your (still) husband who you haven't divorced from. 

 

It's tough to say how good your chances are to be let in. You just never know. There's not 'much' to lose though if you've already booked the tickets. Bring a lot of papers that prove your ties but then again I feel like they never look at that stuff at POE. It's definitely wort a try though! Good luck and let us know how it goes.

But didn't she give up her ESTA by overstaying the first time???? So she has to apply for the tourist visa now because of that?

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Just now, cyberfx1024 said:

But didn't she give up her ESTA by overstaying the first time???? So she has to apply for the tourist visa now because of that?

and if she has to explain the whole story to the CO during the B2 interview, it opens a big can of worms, imo.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

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  • IV Fee Paid:10/25/2016
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10 minutes ago, cyberfx1024 said:

But didn't she give up her ESTA by overstaying the first time???? So she has to apply for the tourist visa now because of that?

We don't have that info. If she adjusted within the 90 days of the POE she never overstayed or was out of status.

Edited by Californiansunset

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4 minutes ago, cyberfx1024 said:

But didn't she give up her ESTA by overstaying the first time????

From what I understood of the original post, she never overstayed on the ESTA because she did the AOS.  


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

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@missileman @cyberfx1024

Why do you think she can't use her ESTA? Look at the eligibilty questions of the current ESTA form. She won't have to answer yes to any questions asking whether she had immigration intent before or similar. She should be able to use ESTA.

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8 minutes ago, Californiansunset said:

When I gave up my green card I asked the lady at the embassy if I should expect problems in the future when entering and she said no. She told me to keep the paperwork she gave me stating that I willingly surrendered my green card and that I should bring it when I travel to the states.

While there is no guarantee of entry, if you are asked "are you married?" legally you would have to answer yes, but I suppose you would state that you are separated?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

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Applied for US Passport - requested Routine/ Regular Service

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Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

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Just now, Californiansunset said:

@missileman @cyberfx1024

Why do you think she can't use her ESTA? Look at the eligibilty questions of the current ESTA form. She won't have to answer yes to any questions asking whether she had immigration intent before or similar. She should be able to use ESTA.

But she will have to answer questions at the POE.....if she is pulled into secondary, it might be very difficult to explain everything AND convince the IO that she has no intent to adjust again....jmo


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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OP-  Please come back after your trip.....your experience will be most helpful to others......Good Luck


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Thanks guys! I didn't know One could adjust status like that. As far as I remember I was just able to do it in the states back then because I was able to prove I had no intention on getting married in the US. If I would have left the US after the wedding I would have had to file from Austria and wait for the results. But maybe I mix things up. It has been a while. I am prepared to show them evidence. 

19 minutes ago, missileman said:

"I am married to a USC, but I'm enetring to visit my boyfriend"....:o

 Haha if you put it like that...I get it. To me it 's just so weird since the man I am married to is nothing but a distant memory anymore. With the emails as proof for a non existing relationships I meant that if they want they can read them all...they are cold, distant and talk about divorce most of the time. That or blaming each other for everything. After reading those I doubt anyone would think that man and I are still together or he would help me get a green card if I wanted one. We don't like each other very much- let's put it that way. So you guys think the husband or the boyfriend is the bigger red flag? ( that makes me sound like a terrible person...again I wanna stress that the husband and I have been seperated for over 4 years!)

 

Also: I never overstayed- so at least that should not be an issue. 

 

Again- thank you all. You guys are super fast and helpful. I will let you know how it went. I'll fly out Mid october

Edited by Lolo20172017
Forgot sth

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2 minutes ago, missileman said:

But she will have to answer questions at the POE.....if she is pulled into secondary, it might be very difficult to explain everything AND convince the IO that she has no intent to adjust again....jmo

From my experience (and what I know from many of my friends in similar situations) they tend to give people from central Europe the benefit of the doubt (especially Germany, Austria & Switzerland). She has substantial proof of ties. I personally even think that chances are the CBP officer isn't going to ask her so many questions to the point that they will not even find out how odd the story is (still married to US citizen but visiting US boyfriend etc.). 

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1 minute ago, Lolo20172017 said:

Thanks guys! I didn't know One could adjust status like that. As far as I remember I was just able to do it in the states back then because I was able to prove I had no intention on getting married in the US. If I would have left the US after the wedding I would have had to file from Austria and wait for the results. But maybe I mix things up. It has been a while. I am prepared to show them evidence. 

 Haha if you put it like that...I get it. To me it 's just so weird since the man I am married to is nothing but a distant memory anymore. With the emails as proof for a non existing relationships I meant that if they want they can read them all...they are cold, distant and talk about divorce most of the time. That or blaming each other for everything. After reading those I doubt anyone would think that man and I are still together or he would help me get a green card if I wanted one. We don't like each other very much- let's put it that way. So you guys think the husband or the boyfriend is the bigger red flag? ( that makes me sound like a terrible person...again I wanna stress that the husband and I have been seperated for over 4 years!)

Honestly, I don't know if you would have many issues re-entering...you've already shown that you have no intention of overstaying/staying illegally/taking advantage of GC benefits by previously relinquishing your green card.  And you have proof of doing so.

 

If you are asked "who are you visiting", be honest.  If you are asked, in a long shot case, "weren't you married before/filed before/whatever?", be honest.  

Marriages do fall apart, people do get separated and move on with their lives.

I'm certain people at the POE have heard it all, by now.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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