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gulliver

Re-entry after divorce

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Filed: Country: China
Timeline

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

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Filed: Lift. Cond. (apr) Country: India
Timeline

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.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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 by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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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


Timeline:

07/05/2006. Married in Anniston, AL, USA

I-130

02/06/2008. Mailed I-130 to Chicago Lockbox

02/08/2008. I-130 delivered to Chicago Lockbox. Signed by V BUSTAMANTE

02/20/2008. I-130 NOA1 date. Vermont Service Center

08/26/2008. Touched. (I-130 transferred to California Service Center)

08/27/2008. Touched.

08/28/2008. Touched. (This case is now pending at the office to which it was transferred)

08/29/2008. Touched.

09/26/2008. Touched.

09/27/2008. Touched.

10/16/2008. Touched.

10/17/2008. Touched.

11/12/2008. Touched.(Senator inquired on case status. Case with FBI. Was told not to inquire again for 90 days)

11/13/2008. Touched.

11/26/2008. Touched.

02/18/2009. Touched.(Senator inquired on case status again. Case still with FBI. Was told not to inquire for another 180 days)

02/24/2009. Touched.

03/10/2009. Received letter from USCIS requesting evidence to prove citizenship.

04/04/2009. Approved!! Received letter. Case status online didn't change.

NVC:

04/17/2009. Case number received.

04/22/2009. DS-3032 and AOS bill generated.

04/28/2009. Emailed DS-3032

05/04/2009. Paid AOS bill online.

05/07/2009. DS-3032 accepted.

06/23/2009. AOS mailed received by NVC on 06/26/2009

06/25/2009. Mailed DS-230 package form Azerbaijan received by NVC on 06/30/2009

07/09/2009. False RFE (ds-230 wasn't in the system yet)

07/14/2009. Case Completed!!!

07/30/2009. Got the interview date.

08/27/2009. Medical Passed.

09/29/2009. Interview Passed.

09/30/2009. Visa issued.

10/25/2009. POE Atlanta, Georgia

11/07/2009. 10 year Green Card received!!!!

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Filed: Citizen (apr) Country: Ecuador
Timeline
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 by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Country: China
Timeline

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?

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Filed: Citizen (apr) Country: Nigeria
Timeline

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 ?


This will not be over quickly. You will not enjoy this.

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Filed: Country: China
Timeline

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.


____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

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Filed: K-1 Visa Country: Vietnam
Timeline

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. :(


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

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


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: Citizen (apr) Country: Australia
Timeline

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.

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Filed: Country: China
Timeline

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

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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...


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Country:
Timeline
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.

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

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 :angry: ), 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...


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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