Re-entry after divorce

[gulliver 0]

My wife and I married in 2008 and she arrived in US Nov 2009 after 3 months she could not adapt to living in US and wanted to go home so I bought her a ticket after three more months she told me that she would not return to US so I flew to her country and got a divorce.three more months later she has changed her mind and wants to return will she have a problem at reentry she has a two year green card that is valid. Upon my return(USC) I got searched and questioned by CBP and they made copies of documents from my divorce I told them the truth.I was there for three hours before they let me in. Any thoughts for my Ex

Gulliver

[sachinky 464]

Someone will correct me if I'm wrong, but from my limited understanding, if the divorce has been finalised, her 2 year GC, which was conditional based on your marriage, is now void.

[Darnell 8,478]

That's a tough one to call, really.

She has a 2 year card - that's conditional residency - and the condition is 'based on marriage to US Citizen'.

The condition no longer applies, and CBP knows about it, forwarded all over to DHS and USCIS.

So, will she get stopped at the Border? I THINK SO - as it's almost 6 months past since she left USA (they look hard at folk who have been out of country for 6 months or more) and CBP knows of the divorce.

I think she won't be let through.

But - that's just my opinion. IMO, it could be 'worth it' to try - at least once. If she's turned back though, I've no idea of any repercussions, except for they'll take her green card (maybe).

If she does make it through, though, and wants to live with you, as yer legal wife, you two have some wedding plans to make. With MAYBE an additional 'Adjustment of Status' paperwork set to submit. I've no idea if a AOS case would be successful, as USCIS may view her last entry into USA as fradulent, after the fact, after the paperwork unwinds and checks are done everywhere.

Worst Case Scenario ? Go Back to China, get married, file the I-130 .

Edited July 15, 2010 by Darnell

[azer_2000 1]

My wife and I married in 2008 and she arrived in US Nov 2009 after 3 months she could not adapt to living in US and wanted to go home so I bought her a ticket after three more months she told me that she would not return to US so I flew to her country and got a divorce.three more months later she has changed her mind and wants to return will she have a problem at reentry she has a two year green card that is valid. Upon my return(USC) I got searched and questioned by CBP and they made copies of documents from my divorce I told them the truth.I was there for three hours before they let me in. Any thoughts for my Ex

Gulliver

Just curious. Why were you searched and questioned for so long? Is it because of the divorce?

Also another question. A permanent resident with 10 year GC who is divorced now, returning after 5 months? Could that cause any problems at the border? I know the marital status is not important anymore, but still.

Thanks

[TBoneTX 43,058]

Upon my return(USC) I got searched and questioned by CBP and they made copies of documents from my divorce I told them the truth.I was there for three hours before they let me in.

Out of curiosity, why were YOU hassled upon YOUR entry? Edited July 15, 2010 by TBoneTX

[gulliver 0]

Don't know why I was searched went through the initial passport check and on leaving was asked to go through a secondary inspection they were very through.And nobody was ever nice enough to tell me why. So any way my ex comes over and they don't let her in what happens should they not let her in to file a I-751 and stop any further action till thats processed. Will she be able to come in and at least get a chance for a hearing?

[NigeriaorBust 4,087]

Curious, They had a good faith marriage . Had she stayed in the US she would have been able to remove conditions based on her good faith marriage. Her green card is still good. She doesn't really need a reentry permit because she was out less than a year. Is she really excludeable ?

[justashooter 430]

the divorce is recorded and final. any subsequent marriage would be a new process. she will not be admitted. her old card is now trash.

azerbijan, you should be OK, but need to get your azz back here if you wanna live in USA. a 10 year card is not a tourist visa. you need to live here most of the year, or be able to document a temporary situation which will be resolved (school program or such) and have correct additional documentation for extended absences.

[JimVaPhuong 4,863]

I spent a little time trying to research this yesterday, but I came up empty handed and ran out of free time. What I did find out is that you CAN file an I-751 from abroad, but you have to be back in the US for the interview. I couldn't find anything about filing an I-751 from abroad AFTER divorce.

Technically, I think the green card is still valid until USCIS terminates her status. They are compelled to take steps to terminate her status when they discover the divorce. This would normally provoke the immigrant to immediately file an I-751 with a waiver request. I have no idea whether this can be done from abroad. How would she attend the ROC interview?

A consultation with a good immigration lawyer is definitely warranted, but I don't think it looks good.

[rika60607 215]

I traveled abroad after divorce and came back with conditional GC.

While doing so, I have already filed for the waiver I-751. I was never asked for anything, but then I was only gone for two weeks. So technically, your wife should be able to come back into the US. If CBP gives her trouble she still could be paroled into the US and allowed to file I-751.

I am puzzled though that YOU were questioned. If I was a USC, I would say "excuse me, I was in China visiting friends/relatives, and anything more is none of your business and if you have any allegations against me then perhaps you should tell me what I did wrong and I will then get a lawyer to deal with it". They had no right to ask you for your divorce papers.

My wife and I married in 2008 and she arrived in US Nov 2009 after 3 months she could not adapt to living in US and wanted to go home so I bought her a ticket after three more months she told me that she would not return to US so I flew to her country and got a divorce.three more months later she has changed her mind and wants to return will she have a problem at reentry she has a two year green card that is valid. Upon my return(USC) I got searched and questioned by CBP and they made copies of documents from my divorce I told them the truth.I was there for three hours before they let me in. Any thoughts for my Ex

Gulliver

[VanessaTony 3,567]

I traveled abroad after divorce and came back with conditional GC.

While doing so, I have already filed for the waiver I-751. I was never asked for anything, but then I was only gone for two weeks. So technically, your wife should be able to come back into the US. If CBP gives her trouble she still could be paroled into the US and allowed to file I-751.

I am puzzled though that YOU were questioned. If I was a USC, I would say "excuse me, I was in China visiting friends/relatives, and anything more is none of your business and if you have any allegations against me then perhaps you should tell me what I did wrong and I will then get a lawyer to deal with it". They had no right to ask you for your divorce papers.

Please read the OP again. The OP's now EX-wife is in another country. CBP were advised she is now divorced and because she's on a conditional GC this matters.. the condition is her marriage. It's likely in your situation no-one was made aware of your divorce otherwise YOU might be having the same issue.

There are a few things - did you give them her A number? Did you give them any info to identify HER? There's a chance she won't have issues, there's also a chance she will. There's nothing YOU can do for her now. You're divorced. If you want to help her re-marry her and file another visa. Or help her get to the US to try and ROC on her own. These are basically your only two options:

1. Fork out the money on a ticket. If she's rejected entry then it's wasted money but at least you know

2. If you want her back, get married again and file a CR-1. Bearing in mind she will probably be questioned harder as your marriage to her didn't "stick" the first time.

Honestly though, if the relationship was working you wouldn't have filed a divorce so quickly... not adjusting to the US happens for a lot of us but I still love my husband and would hope he'd let me travel home for a bit to "re-group" rather than following me back to immediately file for divorce... It sounds like you're being used for a GC and if you're okay with that then fine but remember to think clearly in this situation.

[gulliver 0]

Everybody thanks so much for the advice. My wife who i love dearly told me that she did not want to return. For here to move on with her life i went to china so we could be divorced. after a few months she has regretted her decesion. As for me I am a average Joe when my bags were searched in secondary inspection is when they found the documents about my divorce. They could not read them and got a chinese officer to read them. then the questions came I was so pissed at the way i was treated but never lost my cool. They made copies and three hours later I left. The did not have her A#

I'm not sure if they even added anything to my file.they left all my papers out on the table with nobody around because it was time for the offficer to go home.I beleive that the green card is valid if she files a I751 now but there is nothing about filing abroad.What are the odds of her getting paroled in a entry point I would feel terrible if they sent her back. Any other thought I have open ears.

Gulliver

Any way to find out without sending up flags if they know about my divorce. If they don't no problem she can enter and then we can file the right paperwork.

THX

Gulliver

[Darnell 8,478]

Gulliver - you could call DOS Hotline (# in my profile) and inquire for her status...

I'd approach that a bit canny, though... Perhaps use a leading question of 'She's been out of the USA for several months, is OK to return without filing an SB-1? '

I mention DOS, and not USCIS, and DOS and CBP sorta share the same data systems - so if someone at CBP took the effort of finding her in the system, and making entries there, DOS HOTLINE should know about it.. Maybe...

[Deputy Purple 1,294]

Any way to find out without sending up flags if they know about my divorce. If they don't no problem she can enter and then we can file the right paperwork.

Use your USCIS Case number (from the I-130 NAO1/2) and check status on the website, it might show post decision activity.

[rika60607 215]

Good idea!

If DOS does not have anything on her, it is not a guarantee of easy passage, but... all she got to lose by trying is a price of an airline ticket. I would also suggest to plan her trip in a way that she does not land in the same airport where you were questioned. Not only CBP there was not reasonable (copying your divorce papers without giving you any explanation?! I bet there was sensitive financial info, too ), but they are likelier to spot her there than any other place. Be there at the airport waiting for her, and ready to talk to CBP.

Gulliver - you could call DOS Hotline (# in my profile) and inquire for her status...

I'd approach that a bit canny, though... Perhaps use a leading question of 'She's been out of the USA for several months, is OK to return without filing an SB-1? '

I mention DOS, and not USCIS, and DOS and CBP sorta share the same data systems - so if someone at CBP took the effort of finding her in the system, and making entries there, DOS HOTLINE should know about it.. Maybe...