cheryl1970uk

hi, i am a british citizen and have some questions about my status in the us. in april 2004 i went to the us on the visa waiver program to meet a guy i had met online. it turns out we were "in love" and we ended up getting married in june (a few weeks before the visa waiver was due to expire). we filed all the correct paperwork through an immigration lawyer, and we attended an interview sometime in august 2005. i was given conditional permanent residence from august 2005 - august 2007. in january 2007 the marriage broke down, and i returned to the uk. i have a few questions as im wanting to have a holiday in the us sometime next year, and im unsure if they will let me through customs.

1. i never filed to have the conditions removed from my green card, so does this mean i abandoned my permanent resident status? but aslong as i left before my green card expired, which i did, everything should be fine for me to go back for a holiday?

2. i dont think im eligible to enter the us on the visa waiver program again. even though i was in the us legally when we married, technically speaking, i overstayed the visa waiver program by over a year while waiting for my interview with us immigration? so i could possibly even have a 10 year ban?

3. is it even in the system that i have left the us? when i did leave, a lady at check in asked me where my I-94 was, and i explained to her that it was removed when i was given my green card, and she just said ok no problem.

i would truly appreciate any help, or if someone could try to answer my questions. thank you.

Marocco

The date of your wedding is not relevant, what really matters is when you filed for AOS.

cheryl1970uk

my ex-husband is very reluctant to giving me any information, so i really dont know that date. its a high possibility that it was after the visa waiver had expired. if it was, is it likely that i could be banned from entering for 3 or 10 years? would you recommend i contact the us embassy here in the uk and apply for the b-2 tourist visa?

Marocco

How can you not know? Didn't you sign and date form I-485?

My understanding is that you can get a 3/10 year ban if you accumulate more than 180 days/1 year unlawful presence, but I don't know if this applies to you.

crg

Even a one day overstay of the VWP precludes someone from using it again. Unless the AOS paperwork was submitted before the VWP expired, you need a visa. Either way, you should apply for a visa. You have multiple issues that would make seeking entry without a visa dicey at best. Your situation needs to be sorted out before you travel.

ian-mstm

From what you've written, it seems you currently have no status in the US. When you failed to file to remove the conditions on your GC, your status ended when the GC expired.


Yup... pretty much! That... and moving back to the UK.


Yes, you should be fine going back for a holiday. The question remains whether or not you need a visa or if you can use the VWP.


Possibly, but unlikely. You *are* allowed to remain in the US while the AOS is being processed - and it was processed successfully. The question remains though - did you file for AOS before or after the original VW expired. That is what will determine whether or not you need a visa.


It might be... it might not be. There's really no way to know.

Ian

cheryl1970uk

ill play it safe and apply for the b-2 tourist visa. thanks for the responses, they have helped a lot .

crg

They may ask you to complete a Form I-407 to formally relinquish claim to the expired conditional status. Although the expiration of the conditional status is the end of the LPR status, they may want the paperwork completed in order to prevent the submission of a late I-751. It's not something to be worried about.