B1/B2 after abandoning AOS

[mswami]

I got Married to USC while on b1/b2. AOS was in process and we got separated. I left country after my travel document was approved.
we are divorced now. my husband never cancelled petition and I wasn't aware about it. However, he started divorce procedure even before my interview was scheduled.

Can I reenter in usa based on my b1/b2 which was valid until 2026. or my b1/b2 was cancelled once my aos application was received by USCIS.

I entered in usa on feb 1st 2018 and my Priority date for AOS is july 15th 2018

[4EVER]

I left country after my travel document was approved.

Do you mean the Advance Parole (AP)? If you left AFTER your AP was approved then you have not abandoned your AOS. You can re-enter the US using your AP. Do you still have it with you? You cannot re-enter using your non-immigrant B2 visa because you already declared immigrant intent by filing for AOS. Show your AP instead at the port of entry.

[newacct]

Do you mean the Advance Parole (AP)? If you left AFTER your AP was approved then you have not abandoned your AOS. You can re-enter the US using your AP. Do you still have it with you? You cannot re-enter using your non-immigrant B2 visa because you already declared immigrant intent by filing for AOS. Show your AP instead at the port of entry.

No, they should not enter with AP, which was based on the pending AOS, and their AOS is either already denied or will soon be denied since the basis for the petition (marriage) no longer exists.

Immigrant intent refers to intent to immigration on this particular stay, and the OP does not intent to immigrate on the coming stay; therefore, they can be admitted on B2. Of course, it is up to the officer's determination whether they believe the OP.

[MrQuery]

One of my sister had same situation years ago she left the US while her green card is in process after a huge fight with the American husband. She already gotten her approved work permit and travel permit. Her husband divorced her when she left and came home. A lawyer told her she can go back to US using her travel permit even if she is divorced which she did because the process wasn't withdrawn. She was told not to present B1/B2 Visa because it will be fraud. She is back in US now to resumed her green card process after the ex husband agreed to help out.

[mswami]

I cannot enter using travel document since it is not in my possession . however, I have to visit us once to collect my belongings that I left back in USA when I moved back here in urgency. wont the officer at border understand that if I had intention to remain in usa I would not have returned back in the first place. also I have a permanent job here and also a part time business.

[mswami]

[QUOTE Of course, it is up to the officer's determination whether they believe the OP.[/QUOTE]

with regards to this, if I had intent to remain in usa then I would have not returned back in the first place. I want to reneter in usa with 2 purpose.
first is my leftover belongings and second is my husband was granted divorce with false information hence I want to visit courts to get a copy of my entire file.

do you think explaining the officer this he would let me in?

[Libra_14]

Of course, it is up to the officer's determination whether they believe the OP.

with regards to this, if I had intent to remain in usa then I would have not returned back in the first place. I want to reneter in usa with 2 purpose.
first is my leftover belongings and second is my husband was granted divorce with false information hence I want to visit courts to get a copy of my entire file.

do you think explaining the officer this he would let me in?

Sharing this with the VO will further confuse him & warrant him to ask 10 different questions to ensure the same - which might not be good for you.

[Libra_14]

Thanks sderiis for replying after 1.5 years.