garebear397

So our situation while probably not quite as "messy" is pretty similar and worked out for us -- so I think its worth applying. My wife (Chilean) back when she was 18 or so overstayed a few weeks in the US while visiting family -- because at the time didn't understand well the i-94 stamp (she thought she had 6 months with her B2 visa, and was only given 3 months at the time of entry). She applied for another B2 visa afterwards, was initially denied for the overstay...applied again a year later and was approved for 10 years. Many years later we got married, we went through the K-1 visa process, got her green card, lived in the US for a couple years, and then due to health problems of her dad we moved to Chile (been here 4 years). She also gave up her green card (form I-407) after we moved. When we wanted to visit the US with our family she was unable to use the ESTA (like you said its pretty much an automatic rejection if you have an overstay, and she also had been denied a visa at one-point). But she applied for a new B-2 visa, and was approved without many questions. Also one extra layer of complication we had was that she was applying for a B-2 visa during COVID, the Santiago office was closed to B-2 interviews....so we contacted other embassies in neighboring countries, and she eventually interviewed in the La Paz, Bolivia embassy, and like I said she was approved for her 10 year B-2. All this to say that she had a bit of a messy situation as well, but overall she could show a history of trying to do things the right way (previous GC holder, several trips to the US and back as a visitor, gave up her green card when she moved) even if she had made a mistake a long time ago -- which is similar to your case. She had I would say medium-strong ties to Chile (car, apartment rental, job), and she is married to a US citizen (which actually works against you for a B-2 visa). Good luck!

Commenting also to later share how our process goes. I am the US Citizen, we have been living in Chile for the past 4 years, and applied for my wife´s CR-1 visa back in June. Planning to move at the same time as my wife, and use my parents as joint-sponsors. I do have my states drivers license, US bank accounts with statements mailed to my parents house (where we plan to live initially), and we have a daughter that will be school age that I will take steps to register in schools before the interview.

Just adding to all the voices in this forum that say that CR-1 is better. It is better. We have done K-1 and are currently doing CR-1. 2-3 months faster to enter the US on a K-1 is not worth 10-12 months longer processing time where you can't leave the US or work. You say that it wouldn't be a big deal....but what about visiting your family, or if your spouse loses their job, or a whole host of other reasons. 10-12 months is not a short time.

You can go ahead and try the ESTA, it takes like 5 mins online -- but I am fairly confident that a previously denied visa is pretty much an automatic rejection of ESTA (my wife got denied for an ESTA because she had a denied visa 10 years ago, and she had to get a B2 visa instead). Its an automatic system, as far as I know there is no physical person that will look at the situation. Basically the idea of the ESTA is that anyone that has no marks on their records (so to speak) can get it, and any situation that is somewhat irregular has to go through the normal visa process, where a physical person can evaluate the case. Also -- K-1s have maybe a very minimal faster processing speed than CR1 just to be able to enter the country, but the overall process to obtain greencard is longer with a K-1 and more costly, and as others have mentioned during AOS (adjustment of status) in the US you can't work or leave the country for often times 6 months or more. Most everyone in this forum who has experience is going to reccomend a CR1 over K-1. And I would say the same, being someone who has gone through the K-1 route once (succesfully) and is in process for the CR1 visa right now.

Yes, I wouldn't reccomend withdrawing the I-130 even if like on the phone with the consulate they tell you to withdraw and file DCF. Because in the end the consulate agent will be giving their OK or not, and they might deny since you really don't live their yet, and would be specifically moving there to file. If they let you file for DCF without withdrawing the I-130, you can go for it. Like others have said it really varies on the consulate.

Yeah as others have said you most likely need to re-do the whole thing, get a more legitamate divorce to your Ex, and then apply for a spouse visa (through I-130). The K-1 should have never been an option. The K-1 isn't much faster, and creates headaches once the non US citizen is in the US. Also K-1s will be denied for any kind of marraige, including religious ceremonies that have no "legality", let alone an actual marriage in the UK where you even got a spousal visa from. This is why they are asking for a divorce from your current UK husband, because you can't do K-1 if you are any kind of married.

Yeah agreed. Definitely don't withdraw the I-130. Honestly even if you call and you present it like you are already living en Mexico and have a urgent job move (which would be the only reason in your case to file DCF), and then they tell you you can withdraw the I-130 and file through DCF -- I still wouldn't reccomend it. Because the interviewing officer could figure out, pretty easily, that this isn't a valid DCF case. Then you just lost all your waiting time on the I-130 and just have to file again.

Yeah I was going to comment the same -- it seems correct the quote, you are not guaranteed re-entry as a Green Card holder. Obviously the vast majority of the times it is not a problem, but it would also be wrong to say it is guaranteed. Like you said even the some-what "innocent" case of staying out of the country more than a year without filing a re-entry permit, could result in not entering the country.

Honestly if you have a willing relative or friend that easily qualifies for the amount based on liquid income that is usually the most straight-forward and easiest way to go. In general it seems like they prefer liquid assets when possible, and if you are both working professionals it is a pretty low risk that the co-sponsor would ever even be called upon. We are in the same position where we are both living in my spouses country, and will move together using my parents as co-sponsors.

Ah really? You don't have to pay the fee again?

Adding our experiences (because reading all your alls good experiences really helped our nerves!): - My wife is Chilean, we all live in Chile - She used to be a GC holder through our marriage, but we moved to chile about 4 years ago, and now are in process to move back to the US - She applied for and got a 10 year B2 visa last december, she had overstayed by a couple weeks on accident as a teenager, so that is why she couldnt use ESTA and had to apply for a B2 visa. We had not applied for the I-130 at that time, but she did have "risks" of being married to a US citizen and having 2 US citizen kids. But there was no issue with the approval of her B2 visa. - We all entered the US in April through JFK (before applying for the I-130): the CBP officer was a very harsh with us becase we all went to the US citizen line (because we asked and they told us to), but she said my wife wasn't a citizen and shouldn't be in this line so she chewed us out a bit. My wife was then called to the back room and another officer was super chill and just asked her about the ESTA thing and her old green card, and then let her pass through without problems. - We visited the US again just now in October through LAX (after applying for I-130), we were going to go to the visitors line as a family to not repeat the problem, but they saw us and said again we should go to the US citizens line as a family. This time the officer was very nice and only asked if she was a GC holder or not, and how long our stay was. Took our pictures and passed us through. Didn't mention anything about I-130, old GC, or ESTA issue. I do think each additional visit she makes and comes back to Chile will make it easier and easier for the CBP to pass her through. So we were very happy with the last visit!

Ahhh you are doing K-3. Yeah, its just not super common anymore, and can be a bit of a waste of money to pay for both applications. The way I understand it is that K-3 was made so that your spouse can enter the country as a non-immigrant while waiting for the I-130. But now both applications basically take the same time....so most people just do the I-130 and enter the country as residents.

Did you file a 1-130 and 1-129f?

Didn't see a thread for June yet, so I will start one (though let me know if I missed it). We were married back in 2017, already went through the K-1 visa process and my wife got her green card, we lived in the US for 2 years and then for family reasons moved back to Chile. Now with two kids with us we are looking to move back state-side. Yay Round 2! Filed on June 4th online, recieved the Reciept Notice the same day and based on that document it looks like it will be processed in Virginia. I assume this is NOT the same as the official NOA1? I suppose that will come in the mail?