Travelling back to USA

[sweettooth 0]

Hi All.

Iam just new to visajourney and hope to find the anwsers ive been looking for over the past nine months. This is a complicated situation and iam at my wits end of getting anwsers and a solution.

Iam currently married but legally seperated to a USC who is in the USN.. While visiting my partner at the time in US we found out that he was getting deployed and decided last minute to get married and for me to AOS and wait in San Francisco till he came back from his deployment to start our lives together. I was visiting on VWP. So the marriage happened. He deployed. I stayed in US while my paperwork got processed. When my husband came back from deployment almost 12months later everything went downhill. We were having financial difficulties. My father passed away while i was in the US and i was suffering from depression of being away from my family and son and everything took its toll on me to the point i had a breakdown. My husband came back not wanting to be married and decided he wanted to be single and not in a relationship/marriage. He abandoned me and left me homeless and filed for legal seperation and i had to get my family to fly me back home to sydney. The local USCIS office at that time before i left San Francisco had called my husband and I to come in for our interview for AOS but that didnt happen as i left the country and we had already seperated.

So no interview was conducted, my case was cancelled and now i have no way of knowing how to get back into the country again. I need to travel back to SF to get my belongings which are in storage. We have had our hearing for our legal seperation and because my husband is deploying again he decided to extend the legal seperation till he comes back next year and to work on our marriage. ( which is what he said we would do during our seperation these past 9mths and didnt do a thing ) I personally after going through all the emotional and mental abuse he put me through am filing for divorce in Australia. I refuse to be with a man who abandons his marriage and family just because he wants to be single. His basically screwed my life up. Cant have your cake and eat it too!

So I need help to find out how i can re-enter the US again. To travel and also collect and ship my belongings back home. I cannot simply go there on a VWP as they will see that I had a pending case and have an A# etc. Our marriage was based on faith and love when we got married. I have for the past 9mths exhausted every avenue to work things out but he just kept making excuses. So this is my stance now.

How do I go about either applying again to re-enter US or appealing my rights to re-enter the US???

Really stressed and just want to move on with my life and be happy!! My life is back to normal here in Sydney again and i have a great job and finally things are going well. I would really appreciate any information and help.

Cheers!

[payxibka 10,045]

Since your case was abandoned, you have no active case. The only way back in for you is via VWP or B2...

I am not sure what you meant by appealing your "rights" to re-enter... unfortunately, you have no "rights" to re-enter

[NigeriaorBust 4,087]

Is there an overstay issue from coming over when you married ? If you overstayed while waiting on your AOS and it was not forgiven then you may not be eligible for a visa waiver entry anymore. You may only be able to travel on a visitors visa.

[Penguin_ie 5,994]

I doubt you could enter on the VWP, so your only option really is a tourist (B) visa.

If you only want to collect your belongings, it may be easier and cheaper to get a friend (or even the ex' family, if you feel you can trust them) to pack everything up and ship it to you.

[Fandango 1,439]

I doubt you could enter on the VWP, so your only option really is a tourist (B) visa.

If you only want to collect your belongings, it may be easier and cheaper to get a friend (or even the ex' family, if you feel you can trust them) to pack everything up and ship it to you.

took the words right out of my mouth. Well said.

eta: or you could just say sod the stuff and be done with it. I fought with my ex for years for my stuff (in the UK), he used it as a pawn to keep communicating with me. Then it became a huge issue cos it was the point of 'hey, it's my stuff, I want it!!!' I spent far too long fighting for stuff that I never saw again. I finally told him to take the stuff and shove it, and have been happier ever since.

Either way, condolences.

Edited July 26, 2010 by Happy Bunny