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

[mindthegap 2,521]

8 hours ago, Californiansunset said:

 

Why do you think she can't use her ESTA? Look at the eligibilty questions of the current ESTA form. She won't have to answer yes to any questions asking whether she had immigration intent before or similar. She should be able to use ESTA.

 

You are correct that the ESTA does not specifically ask any questions about overstaying, but the ESTA is just an electronic authorisation to board a carrier to the US and request entry using the VWP at a POE - it is not an exhaustive list of all requirements and laws contained within the VWP, and it is not a guarantee to entry.

 

Anyway, the OP has confirmed that they didn't overstay, so it is a moo point.

 

 

 

 

[Boiler 43,433]

3 minutes ago, mindthegap said:

 

You are correct that the ESTA does not specifically ask any questions about overstaying, but the ESTA is just an electronic authorisation to board a carrier to the US and request entry using the VWP at a POE - it is not an exhaustive list of all requirements and laws contained within the VWP, and it is not a guarantee to entry.

 

Anyway, the OP has confirmed that they didn't overstay, so it is a moo point.

 

Edited September 23, 2017 by Boiler

[caliliving 606]

you will be fine. you never overstayed and gave up your greencard! also, you have a solid job, house and you are from a VWP and you are still able to use the VWP! dont overhtink it.  enjoy your trip:) lost of people from non vwp countries want to compare their journey to yours.  

[mindthegap 2,521]

32 minutes ago, Boiler said:

 

 

Indeed. A cow's opinion.

 

 

[EDIT to add - why is that a cat moo'ing?]

Edited September 23, 2017 by mindthegap

[Lolo20172017 4]

Thank you all for your messages.

 

Off topic:

Just because some have mentioned divorce and problems with still being married:

it is not that easy or cheap.

Him filing there: needs to serve me in Austria via letters rogatory- that alone costs quite a bit of cash and is rather complicated.

Me filing there - gotta fly over to do that and in both cases if I don't show up in court he can spin things the way he wants (there are some financial things to regard)

 Filing in Austria: expensive and he HAS to come to sign papers in court.

I have a will so he does not get anything if I die. But all of that is beyond the scope of this thread. 

 

I am a little less concerned now that some don't foresee an issue.

I always thought I might have an issue but was not overly concerned. I posted this in the reddit legal section and multiple people told me 'get an immigration lawyer' and let me tell you-my heart sunk. I did not expect that. I did not quite understand what exactly an immigration lawyer can help me with since the officers at the border either let me in or not. I have no right to be let into the US. It's a privilege.

 

Since the question: what are you here for? DEFINITELY comes up ( everyone gets asked that) would you at that point already reveal the 'visiting the boyfriend'? I don't want to lie in any way but I also don't want to volunteer infos that set off red flags. Well but saying I am visiting 'a' friend would be not really the truth. 

 

 

[CEE53147 559]

Filing for divorce in US requires residency of the person filing.  Your DH could file without you in US. Based on the additional tax costs of his being married, I am surprised he has not filed for divorce from you by publication.

[Lolo20172017 4]

4 minutes ago, CEE53147 said:

Filing for divorce in US requires residency of the person filing.  Your DH could file without you in US. Based on the additional tax costs of his being married, I am surprised he has not filed for divorce from you by publication.

In Maine I can file too since he lives there(one party has to fullfill residency requirements). He can't file by publication because he then would have to prove to the court that he does not know where I am and that he has done his best to find out. It will be hard to prove that because in Austria you are by law required to register your address. He can file without me, yes, but he can only serve me the papers via letters rogatory otherwise the sovereignty of Austria was violated. Guys, I talked to a Maine attorney and an austrian attorney. It is not THAT easy or cheap.

 

 I appreciate all your answers and I know you all want to help but the topic kinda shifted to me getting divorced. I know that this would have helped my case . Though to be honest...I don't see why actually. If I were divorced they could think 'oh here she comes getting married again and adjusting status'. I can't do that since I am already married. And I think I can show them enough to make them see that he will definitely not help me to get an AOS if that is what they think. All they can really worry about is that I just illegally stay there with my bf. That is of course always a possibility. But I complied with all rules during my time in the US and surrendered my permanent resident status out of free will. I have a good job and a house here, I am not young and stupid anymore. I won't give it all up to be an illegal immigrant there. I just hope they see it like that too should I have to explain everything. To me it makes no sense but I guess it's because I KNOW that I don't want to stay there.

[Going through 5,668]

3 hours ago, Lolo20172017 said:

 I appreciate all your answers and I know you all want to help but the topic kinda shifted to me getting divorced. I know that this would have helped my case . Though to be honest...I don't see why actually.

I can't speak for anyone else here, but for me I brought up divorce only because future relationships become less messy, and not just for you.  For example a future boyfriend or love interest (in any country) asking "are you single or married?" Or what if a boyfriend wants to propose in the future but you can't get married because, well, because you're already married?

 

I understand it's more difficult for you to obtain a divorce, as you say.  Tough situation to be in.

 

Back to the topic of you crossing the US border.  Good rule of thumb is give them the information they ask for when questioned.  People do have relationships cross-border so saying you're going to visit a boyfriend will not necessarily set off any sort of "red flag", considering you are not coming from a high-fraud country and you have visited the US before and never overstayed.  Filing for the AOS before shouldn't set off a "red flag" since you relinquished your green card and left the country within the allotted time allowed.  Married couples who later separate commonly get involved in other relationships, so no harm in saying you're there to visit a boyfriend.  

 

The intensity of further questioning you get is normally determined by how you answer their first or second question...again, you are bringing proof of giving up your green card, as well as proof of your ties to your home country if asked for.  If POE asks for proof, show it to them then.  If they don't ask for proof, then you are good to go, and they're not making a big deal out of it.  

 

This is assuming you're not bringing a huge file folder of paperwork with you and slamming it down on the counter for them to look through as soon as the officer says "hello".  Or begin setting up a projection screen and have a slide-show ready for them  

[mallafri76 1,012]

I think you’re gonna have a hard time with CBP since your past actions already show that you’re willing to enter on ESTA and adjust status. But I guess you never know until you try. Personally, I would meet up together somewhere else, like Canada. 

[piff 46]

tell them you are coming to get a divorce and do so! It will be easier! 

[Lolo20172017 4]

7 hours ago, mallafri76 said:

I think you’re gonna have a hard time with CBP since your past actions already show that you’re willing to enter on ESTA and adjust status. But I guess you never know until you try. Personally, I would meet up together somewhere else, like Canada. 

Thanks for sharing your thoughts. I am just interested so I can prepare myself for their questions: so you would be worried I adjust status? How? With my estranged husband? What if I show you mails and so forth and convince you that him and I are definitely not together and there is no reason he would file AOS with me? Remains the possibility I stay illegally. What in my history shows I have intentions to stay illegally? I even drove 2 h back and forth to Vienna just to surrender my green card back then. 

 

Since I fly into Canada the world won't end if they don't let me into the US. It's just a huge financial blow...hotel for 3 weeks in Vancouver as well as his flight up from Oregon. I'd just rather meet him in Portland as planned. 

 

10 hours ago, Going through said:

 Married couples who later separate commonly get involved in other relationships, so no harm in saying you're there to visit a boyfriend.  

 

 

Thank you Going through - you have been super helpful all in all your messages. I really appreciate your replies. You are right - I'll just answer truthfully. I hate that this makes me so nervous that I am even afraid to tell the truth. 

 

Another thing - maybe someone knows. I read somewhere if they 'denie entry' in Canada it's not really a denied entry since it's not on US soil or something. Would that mean it's not going to be on record as denied entry?

[az2014 381]

14 minutes ago, Lolo20172017 said:

Thanks for sharing your thoughts. I am just interested so I can prepare myself for their questions: so you would be worried I adjust status? How? With my estranged husband? What if I show you mails and so forth and convince you that him and I are definitely not together and there is no reason he would file AOS with me? Remains the possibility I stay illegally. What in my history shows I have intentions to stay illegally? I even drove 2 h back and forth to Vienna just to surrender my green card back then. 

 

Since I fly into Canada the world won't end if they don't let me into the US. It's just a huge financial blow...hotel for 3 weeks in Vancouver as well as his flight up from Oregon. I'd just rather meet him in Portland as planned. 

 

Thank you Going through - you have been super helpful all in all your messages. I really appreciate your replies. You are right - I'll just answer truthfully. I hate that this makes me so nervous that I am even afraid to tell the truth. 

 

Another thing - maybe someone knows. I read somewhere if they 'denie entry' in Canada it's not really a denied entry since it's not on US soil or something. Would that mean it's not going to be on record as denied entry?

You are worrying WAY too much.

 

Step back, relax, stop worrying, go to the US, be honest at the border, I very highly doubt you will have any problems entering.

[Going through 5,668]

2 hours ago, Lolo20172017 said:

Thanks for sharing your thoughts. I am just interested so I can prepare myself for their questions: so you would be worried I adjust status? How? With my estranged husband? What if I show you mails and so forth and convince you that him and I are definitely not together and there is no reason he would file AOS with me? Remains the possibility I stay illegally. What in my history shows I have intentions to stay illegally? I even drove 2 h back and forth to Vienna just to surrender my green card back then. 

 

Since I fly into Canada the world won't end if they don't let me into the US. It's just a huge financial blow...hotel for 3 weeks in Vancouver as well as his flight up from Oregon. I'd just rather meet him in Portland as planned. 

 

Thank you Going through - you have been super helpful all in all your messages. I really appreciate your replies. You are right - I'll just answer truthfully. I hate that this makes me so nervous that I am even afraid to tell the truth. 

 

Another thing - maybe someone knows. I read somewhere if they 'denie entry' in Canada it's not really a denied entry since it's not on US soil or something. Would that mean it's not going to be on record as denied entry?

 

Yes, customs would make a note in their system that you were denied entry into the US, should that happen.  When you are at the border trying to enter the US, you are being questioned by US customs, not Canadian.

 

FYI--- Canada and the US openly share border and immigration information with each other.

[caliliving 606]

omg YOU NEED TO STOP WORRYING! seirously! i dont see you having a problem! you have a job, houe and you are from a VWP country! seirously, people on VJ sometimes freak people out too much. chill and relax. answer truthfully! you never overstayed and you have no reason to be denied entry!

[Lolo20172017 4]

On 23.9.2017 at 3:01 AM, caliliving said:

omg YOU NEED TO STOP WORRYING! seirously! i dont see you having a problem! you have a job, houe and you are from a VWP country! seirously, people on VJ sometimes freak people out too much. chill and relax. answer truthfully! you never overstayed and you have no reason to be denied entry!

Hey guys as promised here the outcome: went through without any problem. Only one question: where are you going? That was it. Enjoying my time in Portland now. Thanks for all your help