Emergency travel

[Vegabond 0]

Hi guys. My wife and I are about to file for AOS in March. And by the looks of it it may take 90 days or more to complete. Today we found out that her Mom is in the hospital and not doing very well. My question is - what is the fastest way and paperwork do we need for her to travel. We had I-131 but they are already expired. Her conditional GC expires June 16th so we have time I just don't know if her Mom does.

Thanks

[Inky 1,110]

Why are you filing AOS again if she already filed it and has a green card?

You would be filing ROC not AOS. Two different processes.

[Vegabond 0]

You are correct. We will be filing to remove conditions.

[Sandra G. 5,020]

Lawful Permanent Residents of the U.S. must present a Valid Permanent Resident Card to reenter in the USA.Your wife does not need advance parole to reenter the USA.

[ceadsearc 516]

Once you file ROC you will receive an NOA that will also serve to extend the GC for another year.

[Vegabond 0]

What you are saying is that my wife can renter the US with conditional card and we will have no issues? The only document that is needed is a green card?

[Harpa Timsah 13,258]

Yes!

[Dakine10 5,452]

What you are saying is that my wife can renter the US with conditional card and we will have no issues? The only document that is needed is a green card?

Yes, unless the green card is expired by the time you attempt to reenter. If it expire's, she will need to show the NOA that USCIS issues after they receive the I-751. The NOA say's something to the effect of "your alien resident card is extended for 1 year ....".

[LIFE'SJOURNEY 970]

If they file for ROC and if the wife is not back in time to do her biometric, the ROC will be considered abandoned. Just getting the NOA1 on the ROC is not the only time you should be concerned with.

Edited February 27, 2012 by LIFE'SJOURNEY

[Vegabond 0]

Her GC expires on June 16th 2012. I was hoping to file ROC on March 16th to be within 90 days. Now we will have to get the packet ready before she leaves. And she will have to be back before Biometrics. It's like playing chess. :-(

[Gary and Alla 3,694]

What you are saying is that my wife can renter the US with conditional card and we will have no issues? The only document that is needed is a green card?

Yes, of course. And when you file for removal of conditions you will get a letter extending her green card for 1 year. She should take that with her. Even if her green card expires before she returns she can return with the expired green card and the letter. Alla did it many times coming back from Canada. No problems at all.

Be aware that when you file for the removal of conditions she will get a notice to do biometrics and will have to be here for that. It is usually 4-6 weeks after you file.

Her GC expires on June 16th 2012. I was hoping to file ROC on March 16th to be within 90 days. Now we will have to get the packet ready before she leaves. And she will have to be back before Biometrics. It's like playing chess. :-(

Of course. Try doing it with a son going to college in Russia!

[ceadsearc 516]

Her GC expires on June 16th 2012. I was hoping to file ROC on March 16th to be within 90 days. Now we will have to get the packet ready before she leaves. And she will have to be back before Biometrics. It's like playing chess. :-(

The biometrics letter comes a few weeks in advance of the appointment, so as long as someone is checking the mail she should have time to either plan her return (if she is abroad) or attempt an early walk-in (if she is still in the States). It's not a perfect solution, but it won't be a case of "your appointment is tomorrow!" or anything like that.

[Vegabond 0]

Yes, of course. And when you file for removal of conditions you will get a letter extending her green card for 1 year. She should take that with her. Even if her green card expires before she returns she can return with the expired green card and the letter. Alla did it many times coming back from Canada. No problems at all.

Be aware that when you file for the removal of conditions she will get a notice to do biometrics and will have to be here for that. It is usually 4-6 weeks after you file.

Of course. Try doing it with a son going to college in Russia!

No thanks Gary :-) I remember what i went through when the kid followed 9 month after my wife came. :-)

Well... she is off to Kiev today. She got her passport renewed in Chicago two days ago. She got it done in one hour!!!

She did not like the place and how the people were treated. Never the less - she got it done. For some reason the council asked for employment verification and did not accept GC as a document. Strange. The same dame the reminder letter cam from the Immigration service remanding us to file for ROC. We cant file sooner them March 17th. So we have a bit of time yet. Will keep you posted on her trip.