Lolo20172017

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

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?

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.

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. 

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...

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?

Thanks guys! I didn't know One could adjust status like that. As far as I remember I was just able to do it in the states back then because I was able to prove I had no intention on getting married in the US. If I would have left the US after the wedding I would have had to file from Austria and wait for the results. But maybe I mix things up. It has been a while. I am prepared to show them evidence. 

19 minutes ago, missileman said:

"I am married to a USC, but I'm enetring to visit my boyfriend"....

 Haha if you put it like that...I get it. To me it 's just so weird since the man I am married to is nothing but a distant memory anymore. With the emails as proof for a non existing relationships I meant that if they want they can read them all...they are cold, distant and talk about divorce most of the time. That or blaming each other for everything. After reading those I doubt anyone would think that man and I are still together or he would help me get a green card if I wanted one. We don't like each other very much- let's put it that way. So you guys think the husband or the boyfriend is the bigger red flag? ( that makes me sound like a terrible person...again I wanna stress that the husband and I have been seperated for over 4 years!)

Also: I never overstayed- so at least that should not be an issue. 

Again- thank you all. You guys are super fast and helpful. I will let you know how it went. I'll fly out Mid october

Hey guys,

I am flying to the US via Vancouver in a couple of weeks and I am a little concerned about getting denied entry. When I was young and stupid (7 years ago) I met a guy online, flew out to the states on ESTA to meet him in person. We were young and in love and got married in Vegas. So I adjusted my status (from non immigrant visa to permanent resident). We lived rather happily in the States for a couple of years. I then had to reapply for my green card - when based on marriage you have to prove that it's a bona fide marriage and that you are still together to get an unconditional green card). We filed for that in time. We had no kids, no property together other than two cars and two shared bank accounts nothing that officialy tied us together.. At that time our marriage was already pretty bad but we were living together and we were still thinking we would make it work. Between filing to get the conditions removed from the green card and getting a decision I found out he cheated and we called it quits. I was organizing everything to go back home to Austria, Europe. I then got a letter stating they need more informationa and more proof that this is a bona fide marriage. If they don't receive that I would get deported once my green card expired. At that time I had already booked a flight back home and left the US well before the date stated they would deport me if I don't show more proof. Back home I surrendered my green card at the US embassy in Vienna. I am still married with the guy because an international divorce is rather expensive and he is always broke and I don't see the point in paying for everything. I bought a house in Austria, live with the two dogs I brought back from the States and have the same job for 4 years now (management position) I now met an american in Germany about 6 months back. We hooked up and had a great time. His work visa in Germany ran out in June and he flew back to the states. I want to visit him now. I have no intention to stay. I can't get married again and adjust status since...well...I am still married. I just want to have a good 3 weeks with that man and fly back home to my job, my dogs and my home. I have a feeling I will have trouble at the airport. What do you guys think? When I gave up my green card I asked the lady at the embassy if I should expect problems in the future when entering and she said no. She told me to keep the paperwork she gave me stating that I willingly surrendered my green card and that I should bring it when I travel to the states. I have E-Mails between myself and the still-husband showing that we have no relationship (I did not see him since I left over 4 years ago) We are talking about a divorce for years now. I bought a house in Austria two years ago. So I own property here. I have a car, bills, accounts, family a job and everything else you would expect someone to have who lives somewhere permanently. Nobody has to worry I get married again and stay because I am still married. And as far as I know I can't get into the country on ESTA and then just decide to stay legally because I am married to a US citizen. I would have to apply for the green card here with my husband and then wait until I get it and THEN enter the US. I totally see how it all raises quesions but if you think about it it would not make any sense for me to not return after the 3 weeks. I come from a wealthy country and I have a good job (also have a college degree) I am definitely not planning on giving up my comfortable life in Austria to be an ILLEGAL immigrant without a job in the US. I know it does not mean much but ESTA got approved- in case someone wondered (with a 45 min delay though) Ugh, this is making me so nervous.