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

[Californiansunset 332]

2 minutes ago, Going through said:

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.

Yup this is EXACTLY what I think too!!!!

[ShanghaiSurfer 135]

There is a chance they may call your "husband". Is he aware of your upcoming trip?

[Going through 5,668]

11 minutes ago, ShanghaiSurfer said:

There is a chance they may call your "husband". Is he aware of your upcoming trip?

Why would he need to be made aware of her travel plans if they've been separated for 4 years?  

And if they did call him, to what purpose would it serve?  I doubt she's planning on staying at his house while in the US, or that he can verify any information about the new boyfriend, plus her previous AOS with him is done, and her previous GC obtained through marriage is no longer valid.

Edited September 22, 2017 by Going through

[ShanghaiSurfer 135]

2 minutes ago, Going through said:

Why would he need to be made aware of her travel plans if they've been separated for 4 years?

And if they did call him, to what purpose would it serve?  I doubt she's planning on staying at his house while in the US....

To confirm the story. Agents at POE do phone checks all the time to confirm the validity of what is being told to them. 

[Going through 5,668]

11 minutes ago, ShanghaiSurfer said:

To confirm the story. Agents at POE do phone checks all the time to confirm the validity of what is being told to them. 

I know they usually call if it's a fishy story with loose ends.  Seems the OP tied up the loose ends by relinquishing the GC obtained through marriage, and never following through on the ROC.  Yes, she's still legally married---however she's been separated from the husband for 4 years now, and is under no obligation to tell him when she is re-entering the country if she chooses not to do so.

 

The most the husband can confirm is that he is legally married to her (which if asked, she would be admitting to anyhow, not like she's trying to hide it).  She gave up the GC in her own country, he had nothing to do with that process on her part, so chances are he wouldn't know any pertinent info on it, and she's going to carry proof of that relinquishment on her as well and not hide that part either.  She's going to tell the POE that she's visiting her bf, so not hiding that info.  Chances are the husband has no idea about the boyfriend, and she's of course not obligated to inform him of his existence either---just as the husband wouldn't have to tell the wife about a new relationship if he doesn't want to after a separation.

 

I'm curious what else you think the husband can confirm, though, that wouldn't be presented to the POE by the OP already?

Edited September 22, 2017 by Going through

[ShanghaiSurfer 135]

4 minutes ago, Going through said:

I know they usually call if it's a fishy story with loose ends.  Seems the OP tied up the loose ends by relinquishing the GC obtained through marriage, and never following through on the ROC.  Yes, she's still legally married---however she's been separated from the husband for 4 years now, and is under no obligation to tell him when she is re-entering the country if she chooses not to do so.

 

The most the husband can confirm is that he is legally married to her (which if asked, she would be admitting to anyhow, not like she's trying to hide it).  She gave up the GC in her own country, he had nothing to do with that process on her part, so chances are he wouldn't know any pertinent info on it, and she's going to carry proof of that relinquishment on her as well and not hide that part either.  She's going to tell the POE that she's visiting her bf, so not hiding that info.  Chances are the husband has no idea about the boyfriend, and she's of course not obligated to inform him of his existence either---just as the husband wouldn't have to tell the wife about a new relationship if he doesn't want to after a separation.

 

I'm curious what else you think the husband can confirm, though, that wouldn't be presented to the POE by the OP already?

That he has no plans in starting AOS with her again since they are still legally married. That's was my only concern if I was an agent since only presenting her side of story at POE. Maybe I'm being too cautious for her. 

[Lolo20172017 4]

I am sure this sounds weird again but uhm...I don't even have my husbands phone number. We communicate through mail. I have not spoken to him in Over three years on the phone. Until recently I didn't even know where he lived. I have no clue if he is in a relationship and he does not know about my bf or my trip. 

 

You guys think I should tell him and get his number just in case?

Edited September 22, 2017 by Lolo20172017

[Going through 5,668]

6 minutes ago, Lolo20172017 said:

I am sure this sounds weird again but uhm...I don't even have my husbands phone number. We communicate through mail. I have not spoken to him in Over three years on the phone. Until recently I didn't even know where he lived. I have no clue if he is in a relationship and he does not know about my bf or my trip. 

 

You guys think I should tell him and get his number just in case?

Personally, if it were me and he was out of my life in every other way?  I wouldn't inform him of my life now where it doesn't pertain to him.  I would make that decision for me, only because I wouldn't want him to think he has a right to know about my life now since we were never in contact about it before...kind of like opening a door for him to think he has any sort of "say" in my personal affairs, y'know?

 

You should really reconsider filing for a legal divorce, though, if you feel the same way.

Edited September 22, 2017 by Going through

[Lolo20172017 4]

Thank you Going Through! You are right-he has no say in my life and I want it to stay that way. I'd love to get a divorce so does he - it's really just a financial question. 

 

I was wondering, do the officers know about my history when I enter? As in, do they see on their screen #former permanent resident# or do they see me as every other tourist and may only get suspiscious after they ask what do you do here: seeing my boyfriend...

[Going through 5,668]

Just now, Lolo20172017 said:

I was wondering, do the officers know about my history when I enter? As in, do they see on their screen #former permanent resident#

They have access to this information, yes.

 

1 minute ago, Lolo20172017 said:

I'd love to get a divorce so does he - it's really just a financial question. 

Have you considered self-filing for a no-fault divorce?  Much cheaper than you think.

[Suudsu 66]

OP, I sincerely wish you good luck with your travels, but I suspect that it might end up being a vacation in Canada. US immigration aside, there are many good reasons to file for divorce given your separation.

 

Consider a worst-case scenario in which you were unconscious and needed a medical procedure. Assuming someone figured out that you are legally married, the hospital would probably give medical (and financial) power of attorney to your husband. If you were to unfortunately pass away, chances are your husband would inherit your property (and debts) in Austria. At this stage in your relationship and life, you (and he) probably don't want that.

[Suudsu 66]

11 minutes ago, Suudsu said:

If you were to unfortunately pass away, chances are your husband would inherit your property (and debts) in Austria. At this stage in your relationship and life, you (and he) probably don't want that.

The roles in this scenario could also be reversed, and you could find yourself inheriting his property and or debts.

[Boiler 43,401]

Simple divorce does not cost much.

[usmsbow 795]

OP, you're from Austria, and from what you've said, you haven't had any problems with CBP or any other US immigration service. Should be pretty straight forward. A few replies are acting like you're coming from a non-VWP country that has a lot of "problematic" travelers. If CBP were to ask you any questions, it probably would just be a) why are you visiting? b) how long is your visit? and that will be that. 

 

 

[JFH 12,189]

I don't understand why you don't self-file for divorce? I'll bet the trip to see the new man has cost more than the divorce would cost. Still being legally married to someone but completely estranged and then embarking a new serious relationship is...well...it's just messy, for want of a better word. 

 

You probably won't gave any problems if any intense questioning but if the CBP officer did get the full story (in secondary, for example) then your story is somewhat suspicious. Adjusted from VWP before by marrying an American. Now in a new relationship with another American and visiting again - what are the chances! He may be tempted to think you are deliberately seeking out American men. I know you say you have ties to "prove" you won't stay illegally. But you adjusted once before. And you wouldn't be the first to leave a house and pets behind to pursue a love interest here. Or the last. That doesn't always convince the CBP officer. Nothing can prove you won't stay except leaving on time. Your track record on that is not good. 

Edited September 23, 2017 by JFH