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Abandon Greencard , VWP and going to the USA

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Firstly, I want to apologise, I cannot find my other account that I posted on. For some reason on VJ I have three accounts!? I have posted somewhere else.... Also I dont know if I am posting in the right section.

Short story

I got divorced in 2007 in September, ugly divorce husband caught cheating, I left the day I found out because I wanted to come back to my family in Australia. He sent me the divorce papers VIA fedex and the grounds that he was divorcing me were a lie, he said that I had run away and we never consumated the marriage. Because he was so terrible and I wanted to move on with my life ( I was 25 at the time ) I signed the papers and got them notiarised at the Melbourne Consulate in Australia. I have emails prooving that he wanted me to sign the papers so I could disapear!!! Anyway... I had a small credit card debt in MY name that he racked up about 4000 USD, he used my credit card to send me back to Australia. I inquired about making payments but he wouldnt send me any information or my old documentation from New York, anyway I take it that my credit is destroyed. I seeked some legal advise over the internet and the lawyer said it was up to the immigration officer whether or not he thinks my story is legit. He also said my credit is destroyed but that shouldnt pose a problem with me entering the USA

Cut to 2009 I did some reasearch and abandon my status even though my Greencard had expired in 2007, the forms were processed with ease and a signed copy of the form was returned to me and I applied for th VWP online.

I am due to leave October 31st from Adelaide, Australia and enter LAX with my VWP and my signed abandon status papers.

I am little nervous, I thought I would get a letter signed by my working proving that I am taking annual leave, that I have a loan for my car and that I am coming with my boyfriend from Australia and that I would never think of staying in the USA again. We have also made travel plans and we both need to be back in Australia by Dec 1st.

Should I bring anything else with me?

I know I have posted in my other topic that I was wondering about the credit card debt and whether or not its going to pose a problem entering?

If I wasn't allowed in the USA do you think that my VWP would have been approved.

I am just freaking out a little hope someone is able to help.

S

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Filed: Citizen (apr) Country: Ireland
Timeline

Your credit card debt won't be any problem for visiting the USA.

I didn't think you could use the VWP once you ever had an immigration visa of the past, but maybe the rules have changed. How do you know it has been accepted already, as you have not entered the USA yet?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Penguin ie

Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer's signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide, or alternatively, a scanned (PDF) copy will be sent to your email address.

This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.

I did all that...

Once the I-407 is completed, you will revert to your previous status as a non-resident of the US. In order to visit the US, you will need to comply with visa requirements for nationals of your country of citizenship. Citizens of certain countries are eligible to travel to the US for business or tourism under the Visa Waiver Program. Citizens of other countries or those going for purposes other than tourism or business will require nonimmigrant visas.

Australia is under the VWP...So I applied online put in my passport number answered all the questions and it gave me my VW

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Filed: AOS (apr) Country: Australia
Timeline

You should bring valid proof that you are not intending on staying in the US. Just make sure your boss writes you a letter to confirm you have a job and you are on leave and bring all the stuff that implies that you have ties to Australia and that you intend on returning. Get your visitors visa and don't worry about the credit card debt. Credit card companies don't talk to customs because it does not matter how much money you owe a company, you are still entitled to travel regardless.

TIME LINE 2007

01/12/07-I Fly to Australia

01/25/07-We Got Married!

07/15/07-Point of Entry (K3 Visa)

K3 Time Line for the I-130, I-129F, EAD and AOS

usaCa.gifanimated-hearts.gifaustralC_1xa.gif

Lifting Conditions Timeline

11/06/09- Mailed Petition Via USPS Certified Mail

11/09/09- Your item was delivered at 11:08 AM on November 9, 2009 in LAGUNA NIGUEL, CA 92677.

11/12/09- Check Cashed

11/12/09- Return Receipt Arrives in Mail

11/13/09- Touched

11/16/09- NOA Received

11/27/09- Received Appointment Letter

12/18/09- Biometrics

12/21/09- Touched

01/08/10- Card Production Ordered (E-Mail)

01/09/10- Touched

01/14/10- Greencard Received

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Filed: Citizen (pnd) Country: Ireland
Timeline

Are you referring to the ESTA application? This does confirm your "ok-ness" to travel, but ultimately it's up to the person you meet going through immigration.

We handed back my greencard to the Embassy here when we returned to Ireland. I didn't want to have that worried feeling any time we went over on holidays though, so I applied for a 10 year holiday visa. There's a note on that visa that I officially handed back my greencard.

I imagine you'll be fine, just bring above and beyond what you think you'll be asked for.

03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

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I believe you filled out ESTA and got approved?

If so, I don't see a problem since you have a certified I-407.

My friend who also abandoned her GC traveled to the US with a certified copy of I-407 under VWP (ESTA), but didn't have any problem.

The listed ties to Australia would be enough.

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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  • 3 weeks later...

I hate to restart this old thread again but I am so nervous about traveling next week, I keep having fears that I am not going to let into the country.

I have to prove

- A letter signed from my work proving that I have contract obligations and I have to return

- A contract of my lease for my car that I am obligated to pay its alot of money and there is no way I would ever not think of repaying this

- A letter from the bride saying that I am coming over for her wedding and I have no intent on staying

- The processed I-407 form signed by the consulate in Sydney, Australia

- A travel diary detailing check in and out and where we will be

- I am traveling with my partner who has to be back in Australia also

I am just so worried ....the reasons are

- Is it an issue that I let my greencard expire and then I filled out the I-407 form, the funny thing is I asked about this at the consulate when I got my divorce papers notarized and she said she would send me info and she never did. I think investigated this year and then I returned the I-407 form after getting some advice on here. I mean the form still got processed and with no problems the form was returned.

- If there was an issue with me applying for the VWP ( while I was doing it online ), would it have told me? A few of my friends that have had drink driving charges or things like that have had to go for interviews to the consulate, and there was a problem applying when they tried to get the visa. Would my passport number flag if something was wrong?

Sorry I am just petrified of being sent home.

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