A complicated situation re. I-751 and being out of the country. Please help.

[toothmaster 0]

Hi everyone, and thanks in advance for reading! It might be a little long. I'll put my basic questions at the end. You should know that I am completely aware of how poorly we have planned for and dealt with this situation. You can tell me we're stupid, irresponsible, and that this is all our own fault, but you won't be telling us anything we don't already know :-)

My wife and I submitted my I-751 at the beginning of the month. It was submitted three days after the 90-day window had expired. We enclosed a nice, apologetic letter and a mound of evidence.

Further evidence of our poor planning - just after we submitted it, I was due to leave the USA for a holiday in England. I left, despite the worry that getting back in might be a challenge. My flight back to the USA is on March 25th.

So far:

- our check has been cashed

- we have received the form I-797C Notice of Action, which gives me a date for the Biometrics appointment, March 13th

- according to the USCIS website, my case is in "Initial Review"

Our problems are twofold -

Firstly, I won't be in the country for the date that the biometrics has been scheduled. My wife has today sent off a Request for Rescheduling to get the date changed. Fingers crossed.

Secondly, I might not be able to get back into the USA. As I understand from a cursory reading of some forum posts, the notice of approval + my expired green card will get me back in. I'm not entirely confident on that.

Which leads to my questions!

1 - Does receiving the biometrics appointment letter mean that the lateness of the I-751 submission has been forgiven?

2 - Is there an approval letter, separate to the biometrics appointment notice, coming in the post?

2i- If so, is it strange that the biometrics appointment came first, or is this normal?

3 - What will get me back into the country? Expired green card + biometrics notice? Expired green card + as-yet-unreceived approval letter? Something else?

Thanks a million for reading.

[Harpa Timsah 13,258]

1. I think so,

2. You need to get a I-797 that is printed on fancy paper that says "your GC has been extended for 1 year" or some wording like that. It is separate from the biometrics notice. Maybe your local office had an opening and was closer to you so you got the bio letter first. A little unusual but not unheard of.

3. Expired GC and the I-797 extension letter. If you have not received it, you can call and ask that the letter be resent. If you can't get a hold of it you can get a travel document at the US embassy in London (or perhaps a I-551 stamp in your passport if they can).

[Navyk 78]

Hi everyone, and thanks in advance for reading! It might be a little long. I'll put my basic questions at the end. You should know that I am completely aware of how poorly we have planned for and dealt with this situation. You can tell me we're stupid, irresponsible, and that this is all our own fault, but you won't be telling us anything we don't already know :-)

My wife and I submitted my I-751 at the beginning of the month. It was submitted three days after the 90-day window had expired. We enclosed a nice, apologetic letter and a mound of evidence.

Further evidence of our poor planning - just after we submitted it, I was due to leave the USA for a holiday in England. I left, despite the worry that getting back in might be a challenge. My flight back to the USA is on March 25th.

So far:

- our check has been cashed

- we have received the form I-797C Notice of Action, which gives me a date for the Biometrics appointment, March 13th

- according to the USCIS website, my case is in "Initial Review"

Our problems are twofold -

Firstly, I won't be in the country for the date that the biometrics has been scheduled. My wife has today sent off a Request for Rescheduling to get the date changed. Fingers crossed.

Secondly, I might not be able to get back into the USA. As I understand from a cursory reading of some forum posts, the notice of approval + my expired green card will get me back in. I'm not entirely confident on that.

Which leads to my questions!

1 - Does receiving the biometrics appointment letter mean that the lateness of the I-751 submission has been forgiven?

2 - Is there an approval letter, separate to the biometrics appointment notice, coming in the post?

2i- If so, is it strange that the biometrics appointment came first, or is this normal?

3 - What will get me back into the country? Expired green card + biometrics notice? Expired green card + as-yet-unreceived approval letter? Something else?

Thanks a million for reading.

1. Looks like it is.

2. You should have received a GC extension letter. If you haven't received it (which I think may be the issue), then take an infopass and go with your bio-metrics letter, Valid Government photo ID (Driver License) and Green Card and get a I-551 stamp in your passport. http://infopass.uscis.gov/. Read the details on this link also - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f183bd85ef149210VgnVCM100000082ca60aRCRD&vgnextchannel=f183bd85ef149210VgnVCM100000082ca60aRCRD

3. There are cases where the GC Extension letters were lost in transit.

4. You must either have the GC Extension letter or take an info-pass and get your passport with I-551 stamp to be able to go abroad else you will may be denied a re-entry.

There are many that mentioned that they went in for advance walk in bio-metrics successfully before their scheduled date. You can try that.

[Brother Hesekiel 2,235]

Not to worry, mate!

The first letter you (should have) received after mailing in the I-751 package is the NOA1. That's the extension letter. Only the second letter, the NOA2, is the biometrics appointment. Somehow you didn't get it.

Now . . . the NoA1 letter's primary purpose is to allow you to board a flight back to the US with an expired Green Card. If you live in some third world sh*thole and the turban-covered airline drone refuses to let you board, you pull out the NOA1 and have a spirited discussion until you bribe him. You, as a Brit, don't have that problem. At the POA, your extended resident status in in the DHS computer based. The CBP officer will scan your Green Card, take your fingerprint, do the eye probe, and then the screen will give him all the information needed. Airline employees in Mongolia do not have access to this information, hence the extension letter.

[toothmaster 0]

Thanks for the replies guys! If anyone else wants to chime in, please feel free.

1. I think so,

2. You need to get a I-797 that is printed on fancy paper that says "your GC has been extended for 1 year" or some wording like that. It is separate from the biometrics notice. Maybe your local office had an opening and was closer to you so you got the bio letter first. A little unusual but not unheard of.

3. Expired GC and the I-797 extension letter. If you have not received it, you can call and ask that the letter be resent. If you can't get a hold of it you can get a travel document at the US embassy in London (or perhaps a I-551 stamp in your passport if they can).

Okay. So getting the letter resent might be a smart idea. What travel document are you referring to?

1. Looks like it is.

2. You should have received a GC extension letter. If you haven't received it (which I think may be the issue), then take an infopass and go with your bio-metrics letter, Valid Government photo ID (Driver License) and Green Card and get a I-551 stamp in your passport. (links removed as I'm not allowed them in my posts yet)

3. There are cases where the GC Extension letters were lost in transit.

4. You must either have the GC Extension letter or take an info-pass and get your passport with I-551 stamp to be able to go abroad else you will may be denied a re-entry.

There are many that mentioned that they went in for advance walk in bio-metrics successfully before their scheduled date. You can try that.

Unless I've misunderstood what you've written, I think you're giving advice based on the idea that I'm still in the USA. Unfortunately, I'm not. I left the country just using my passport. Should I have obtained this I-551 stamp before leaving? The poster above you made it sound like I could get it here in London.

Not to worry, mate!

The first letter you (should have) received after mailing in the I-751 package is the NOA1. That's the extension letter. Only the second letter, the NOA2, is the biometrics appointment. Somehow you didn't get it.

Now . . . the NoA1 letter's primary purpose is to allow you to board a flight back to the US with an expired Green Card. If you live in some third world sh*thole and the turban-covered airline drone refuses to let you board, you pull out the NOA1 and have a spirited discussion until you bribe him. You, as a Brit, don't have that problem. At the POA, your extended resident status in in the DHS computer based. The CBP officer will scan your Green Card, take your fingerprint, do the eye probe, and then the screen will give him all the information needed. Airline employees in Mongolia do not have access to this information, hence the extension letter.

Well this makes it sound very easy! Almost too easy... :-D Not that I don't believe you, but do you have any links that confirm this information? Doing nothing and then getting refused entry would be pretty much the worst thing ever. Also, you only refer to the British side of things - would I have any trouble at the American end?

[SF83 1]

If I were you, I'd contact the US Embassy for advice. You ARE for all intents and purposes still a Conditional Permanent Resident, your status hasn't changed but you don't have any proof of that right now. You may run into issues boarding the aircraft on the way back. You also may have issues at the POE when you get back to the US. Nobody can tell you what's going to happen. The Embassy SHOULD be able to provide you with some proof of your status to get you home safely.

[Harpa Timsah 13,258]

Your options are the following:

1. Have your wife call and say your extension letter was not received and get it resent. Use it + expired GC to travel.

2. Try to get I-551 stamp at US embassy London.

3. Get special "travel document" issued at the embassy. I don't know what it looks like (and it costs $$) but it is for people that are LPRs and have lost their GCs.

Edited March 6, 2013 by Harpa Timsah

[bewildering 9]

I got my biometrics letter about a week before my NOA1. Another person on here was in the same boat. Not to worry, you will get the NOA1 sometime soon.

I guess your wife can FEDEX the NOA1 to the UK from the USA, and you can use it to travel. I haven't tried travelling without teh extension letter.

[Darnell 8,478]

the receipt notice, I-797C, contains the paragraph about extending yer current green card.

You need to chase that down.

Usually, when calling into USCIS, getting an ISO (a Tier 2 Human), you can ask them if they have any returned postal mail pieces on you.

If they do, they'll tell you.

The fact you got the biometrics appointment letter ONLY, is worrisome, as the receipt notice comes first.

So, suss out that receipt notice with an ISO, suss out returned postal mail pieces, and let us know what's what?

In the end, that receipt notice has to get into yer hands for boarding a plane outside the USA - but once yer at a USA POE, a CBP fella will find you in the computer WITHOUT the need for showing that receipt notice.

Go Get Em !

[toothmaster 0]

Thanks for all of your advice! A quick update:

I called USCIS, using the Visajourney guide (can't link it as I have fewer than 5 posts). The first person I spoke to was not especially helpful, but told me I should contact the US embassy in London. I felt like I was getting the brush-off, so I called again. The second person seemed to understand my situation a little better, and offered to transfer me to a second-level operator (I assume this is what Darnell was referring to above - an ISO).

I was on hold for 35 minutes before I got through to the ISO. He was very helpful.

He did two things:

1) He contacted the office processing my case (I was on hold for a few minutes while he did that) and informed them that I hadn't received the extension letter yet. He told me that they would contact me about this via post by March 22nd. When I asked him whether this meant they would send a new one, or whether they would just send a letter asking me how they could help, he said he didn't know. It's surely the former, right? Let's hope they send it sooner than March 22nd. My flight is on the 25th!

2) He gave me an email address for USCIS within the US Embassy in London, and said I might be able to get some sort of travel document from them.

I asked him whether it was normal that the Biometrics appointment letter came before the Extention letter, and he said no, but it did happen. I forgot to ask about returned mail, Darnell :-(

So, the possible ways in which I can get back to the USA are, as far as I can tell:

1) Hope that, like the poster above said, that the extension letter is just late for whatever reason and that it will show up soon. My wife will Fedex it to me, and all will be well

2) Hope that, thanks to my friend at USCIS, my office resend the extension letter, sooner than the 22nd!

3) Email the US Embassy and hope they can help. I'll be doing this tonight.

Any further advice or questions from someone in a similar situation are appreciated!

Edited March 7, 2013 by toothmaster

[Darnell 8,478]

Uncle Darnell Say

call back, ask about returned postal mail pieces, with an ISO.

[Navyk 78]

Thanks for all of your advice! A quick update:

I called USCIS, using the Visajourney guide (can't link it as I have fewer than 5 posts). The first person I spoke to was not especially helpful, but told me I should contact the US embassy in London. I felt like I was getting the brush-off, so I called again. The second person seemed to understand my situation a little better, and offered to transfer me to a second-level operator (I assume this is what Darnell was referring to above - an ISO).

I was on hold for 35 minutes before I got through to the ISO. He was very helpful.

He did two things:

1) He contacted the office processing my case (I was on hold for a few minutes while he did that) and informed them that I hadn't received the extension letter yet. He told me that they would contact me about this via post by March 22nd. When I asked him whether this meant they would send a new one, or whether they would just send a letter asking me how they could help, he said he didn't know. It's surely the former, right? Let's hope they send it sooner than March 22nd. My flight is on the 25th!

2) He gave me an email address for USCIS within the US Embassy in London, and said I might be able to get some sort of travel document from them.

I asked him whether it was normal that the Biometrics appointment letter came before the Extention letter, and he said no, but it did happen. I forgot to ask about returned mail, Darnell :-(

So, the possible ways in which I can get back to the USA are, as far as I can tell:

1) Hope that, like the poster above said, that the extension letter is just late for whatever reason and that it will show up soon. My wife will Fedex it to me, and all will be well

2) Hope that, thanks to my friend at USCIS, my office resend the extension letter, sooner than the 22nd!

3) Email the US Embassy and hope they can help. I'll be doing this tonight.

Any further advice or questions from someone in a similar situation are appreciated!

Sorry for late reply. Glad that you are able to get hold of the second level operator. You ahve 14 days before you travel back and hopefully you should get a scanned copy from your spouse/ whoever at your address in US. I strongly suggest that you visit US Embassy, London to get some kind of travel document, just to be sure that you don't have issues at London airport - worst case you can use the Bio-metric letter to convice who ever gives you headache at Londo airport. Getting into US could be relatively easy with your Bio-metrics letter.

We don't have similar experinece but when I went for my wife's CR1 interview, we couldn't get the visa by Thursday and our return tickets were on Sunday and The US Consulate was kind and helped us get her visa document on Friday. Of course I could walk into the Consulate, as I am a US Citizen but you have 12 -14 days and you should be able to meet them. Hope someone with similar situation responds. All the best and hopefully you should be able to return without any issues.

[SF83 1]

Good luck, please check back and let us know how you get on!

[mandixon 9]

Hi everyone, and thanks in advance for reading! It might be a little long. I'll put my basic questions at the end. You should know that I am completely aware of how poorly we have planned for and dealt with this situation. You can tell me we're stupid, irresponsible, and that this is all our own fault, but you won't be telling us anything we don't already know :-)

My wife and I submitted my I-751 at the beginning of the month. It was submitted three days after the 90-day window had expired. We enclosed a nice, apologetic letter and a mound of evidence.

Further evidence of our poor planning - just after we submitted it, I was due to leave the USA for a holiday in England. I left, despite the worry that getting back in might be a challenge. My flight back to the USA is on March 25th.

So far:

- our check has been cashed

- we have received the form I-797C Notice of Action, which gives me a date for the Biometrics appointment, March 13th

- according to the USCIS website, my case is in "Initial Review"

Our problems are twofold -

Firstly, I won't be in the country for the date that the biometrics has been scheduled. My wife has today sent off a Request for Rescheduling to get the date changed. Fingers crossed.

Secondly, I might not be able to get back into the USA. As I understand from a cursory reading of some forum posts, the notice of approval + my expired green card will get me back in. I'm not entirely confident on that.

Which leads to my questions!

1 - Does receiving the biometrics appointment letter mean that the lateness of the I-751 submission has been forgiven?

2 - Is there an approval letter, separate to the biometrics appointment notice, coming in the post?

2i- If so, is it strange that the biometrics appointment came first, or is this normal?

3 - What will get me back into the country? Expired green card + biometrics notice? Expired green card + as-yet-unreceived approval letter? Something else?

Thanks a million for reading.

I was in a kind of similar situation. Well, I left after doing the biometrics (unlike yourself) with a stamp of extension in my passport, but I overstayed abroad as I was accompanying my US spouse while she is doing research. My stamp expired abroad and I didnt have my GC on me (wasnt issued yet). Even when 10 year GC was issued, I didnt want my friend to mail it to me for fear of losing it in the mail. But I didnt want to stay outside USA for more than a year as that will terminate my status as a LPR. I contacted the US consulate in my country and explained the situation and the consulate told me to get back within a year without any further details. I went to buy my plane tickets but the airlines refused to sell tickets without my GC or valid stamp so I asked my friend to express mail my GC. It didnt come on time (I waited for it until 2 days before completing a year abroad), then I contacted the consulate again and they issued me a letter of transportation immediately (for 160 dollars/ valid for one week). But I had to declare that my GC was lost in the mail to get the transportation letter....I arrived back to the states and my GC arrived in my home country. I asked my family to send it back to the states...

I went for an infopass to discuss my situation. USCIS had no idea about the declaration of loss (Homeland security told me at the airport that my GC was cancelled and that I need to apply for a new one/replacement). USCIS during the infopass told me that my GC was functioning fine and that I didnt need to replace it (I was confused). I traveled outside the US for few weeks later and got back with no problems...glad I didnt have to go through the replacement process.

I think your best bet is a transportation letter as long as you still fit in the category of " (conditional) permanent resident". A transportation letter is issued to any LPR who is unable to come back to the states because they dont have their GC on them (lost, stolen, broken etc etc)...technically, your GC has been extended for one year, so I imagine that you are considered a permanent resident still. But if you stay outside the country for more than a year, you will have to apply for a "returning resident visa".

Can you use your extension letter to get back? You should receive one when your 2 year conditional status ends! Look into that...I didnt receive the letter and I went for an infopass and got a stamp in my passport instead.

Good luck!

[Dave&Roza 748]

Hi everyone, and thanks in advance for reading! It might be a little long. I'll put my basic questions at the end. You should know that I am completely aware of how poorly we have planned for and dealt with this situation. You can tell me we're stupid, irresponsible, and that this is all our own fault, but you won't be telling us anything we don't already know :-)

My wife and I submitted my I-751 at the beginning of the month. It was submitted three days after the 90-day window had expired. We enclosed a nice, apologetic letter and a mound of evidence.

Further evidence of our poor planning - just after we submitted it, I was due to leave the USA for a holiday in England. I left, despite the worry that getting back in might be a challenge. My flight back to the USA is on March 25th.

So far:

- our check has been cashed

- we have received the form I-797C Notice of Action, which gives me a date for the Biometrics appointment, March 13th

- according to the USCIS website, my case is in "Initial Review"

Our problems are twofold -

Firstly, I won't be in the country for the date that the biometrics has been scheduled. My wife has today sent off a Request for Rescheduling to get the date changed. Fingers crossed.

Secondly, I might not be able to get back into the USA. As I understand from a cursory reading of some forum posts, the notice of approval + my expired green card will get me back in. I'm not entirely confident on that.

Which leads to my questions!

1 - Does receiving the biometrics appointment letter mean that the lateness of the I-751 submission has been forgiven?

2 - Is there an approval letter, separate to the biometrics appointment notice, coming in the post?

2i- If so, is it strange that the biometrics appointment came first, or is this normal?

3 - What will get me back into the country? Expired green card + biometrics notice? Expired green card + as-yet-unreceived approval letter? Something else?

Thanks a million for reading.

Given that the UK is part of the VWP, how much scrunity do the airlines people give you with a UK passport travelling to the US? The issue you have is being allowed to board the airplane. Once enroute to the US you are home free. Continue as you are to get the extension letter, but you might want to ask the airline you are travelling on what they require to allow you to board the plane back to the US.

Good luck and I hope all goes well,

Dave