One Year Extension Letter when applying for removal of Green Card conditions

[Sassyandswoop 2]

Hello everyone!

It's been a while since I've been on these forums, I stalked them almost every day going through the CR-1 application and now I'm back for our removal of conditions. We need your expert advise as apparently I'm rusty in using these forums.

I arrived in the country June 16, 2010 on the CR-1 Visa. Got my Green Card and everything's been great. The card expires on June 16, 2012. My sister is getting married in June in Australia, so we have already booked our flights back there. Unfortunately, we didn't check the processing for removal of conditions and underestimated the processing time. We are constructing our packet now and will be able to send it off very soon. Our flights don't return to the US until June 17, 2012! One day after the card expires.

My questions are:

1. One post from Nov 2011 says "My wife recently applied for removal of conditions. Shortly thereafter she received a form letter saying that her GC was being extended for 1 year while the I-751 is being processed."

- How is the 1 year extension received? Do we automatically get it shortly after we send in the form or do we need to specifically apply for it?

- When would this form letter arrive?

- Is it the I-797 form or something different?

2. Will I be able to return to the country with my expired Green Card and this form letter?

We are aware of the option to change the flights, we would like to use that as a last resort.

Thank you in advance for any information you can share with us.

[VanessaTony 3,567]

My questions are:

1. One post from Nov 2011 says "My wife recently applied for removal of conditions. Shortly thereafter she received a form letter saying that her GC was being extended for 1 year while the I-751 is being processed."

- How is the 1 year extension received? Do we automatically get it shortly after we send in the form or do we need to specifically apply for it?

- When would this form letter arrive?

- Is it the I-797 form or something different?

2. Will I be able to return to the country with my expired Green Card and this form letter?

1. It's the receipt notice (NOA1) and at the bottom in the wording it says "status extended for 1 year..." (you can find examples online). It arrives pretty quickly normally but occasionally I've seen it take up to a month. Yep that's it, I-797 (or NOA1)

2. Yes. Lots of people do this. Make sure it's the ORIGINAL letter. You show the airline both and they manually change your GC expiry date on the system (so I've read).

No probs. My sister is due in late June so I have the same concern (July 1 expiry date).

p.s. Have you filed for ROC yet? Your window is now open. Sooner you file, the sooner you can breathe

[N M 96]

When you file for ROC, you'll automatically receive the NOA1 from USCIS. It confirms receipt of the application, and extends all the benefits of permanent residency for one year. With this letter and the expired Green Card, an LPR can still work in the U.S. and travel.

If you want to get back in to the U.S. after June 16, 2012, you'll need the NOA1 and your expired GC to get back in.

The NOA1 is also referred to as:

I-797, Notice of Action, or

I-751 Receipt Notice

Either way, it's all the same document.

Applicants normally receive the NOA1 about a week after their ROC application is filed.

So, make sure you file far enough in advance, that you'll receive the NOA1 before you leave for Australia.

In addition - be aware that you'll need to attend a biometrics appointment as part of the ROC procedure. This appointment SHOULD be between 4 and 8 weeks after filing, but it depends on your local office. If the appointment is scheduled for after you've left for Australia, you can try and do an early walk in - but they won't let you do that until you at least have your appointment letter in hand. Your appointment letter should arrive anywhere between 2 and 6 weeks after you file for ROC.

[Sassyandswoop 2]

Thank you both so much for this information! That really is a load off our minds. We have most of the information gathered, we just need the information from my husband's work showing that I'm listed as his beneficiary and the 2 affidavits which we are getting tomorrow then we can send off the packet.

We have been stressing since I saw the 6 month processing listed on the USCIS website earlier today but I was at work so I couldn't come on these forums earlier. We both really appreciate your quick responses.

[Deb+Steve 13]

Sarah! Congrats. Yep, here we go again. I'm due to file next month but Steve is away for a few weeks with the military so I'm going to wait until he gets back (just in case). It will only put me about 3 weeks after my window officially opens.

Congrats to your sister ... hopefully no dust storms ...

[Sassyandswoop 2]

Congrats to your sister ... hopefully no dust storms ...

Oh my goodness! Absolutely!!!

[Deb+Steve 13]

Oh my goodness! Absolutely!!!

LOL ... we LOL now but not funny at the time!!!

Glad it's all working for you, sometimes I absolutely hate it here but I have to say I don't regret moving because married life is beautiful.

[Sassyandswoop 2]

LOL ... we LOL now but not funny at the time!!!

Glad it's all working for you, sometimes I absolutely hate it here but I have to say I don't regret moving because married life is beautiful.

It is kinda funny now, oh yeah. I remember freaking out on Wednesday before the wedding because the sun was blue! I'm so glad that the rest of the dust storm didn't hit until after my wedding photos were taken

I really miss Australian food. American's put so much spice and sauce on their food!! After 2 years though, at least I know the foods I like and what to avoid (ie. Anything with nustard on it)

[Sassyandswoop 2]

Do you have to have your biometrics done before leaving the country? We'll only be leaving for a week and a half, hopefully it won't be scheduled while we are gone!

[Kevin&Leilei 1]

Do you have to have your biometrics done before leaving the country? We'll only be leaving for a week and a half, hopefully it won't be scheduled while we are gone!

It doesn't have to be done before leaving the country. If they schedule it for when you'll be gone, try a walk-in, and explain that you'll be away on that date.

[Sassyandswoop 2]

It doesn't have to be done before leaving the country. If they schedule it for when you'll be gone, try a walk-in, and explain that you'll be away on that date.

Awesome, thank you