Jump to content
Sign in to follow this  
Frinkiac

Travel in the 90 days prior to GC expiration

8 posts in this topic

Recommended Posts

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

Share this post


Link to post
Share on other sites

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

Unlike a passport that needs to be valid for some period after entry, the GC can be used up to the day of expiry. Your problem will be more with the airlines and not the CBP. Up to you as to how you proceed. When you file the ROC, you will get a letter extending the GC for another year. Typically the bio appointment is about 30 days after they process the ROC application and issue the extension letter.

Do not wait until too close to the expiry date to file the ROC as it is the date they process it NOT the date they receive it that counts. Late filing can cause her LPR status to expire and all kinds of problems. IMHO, option #2 might be the best as the bio appointment SHOULD be before you both leave.

Good luck,

Dave

Share this post


Link to post
Share on other sites

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

Why haven't you mailed the I-751 packet in yet? Her 90 day window already started.

Share this post


Link to post
Share on other sites

If her green card expires at the end of March then her 90 day window has not yet opened. If you file as soon as it opens - sometime in early January I guess - you should have the extension letter in a week or two and the biometrics letter shortly after. If the bio appt. is too late you could always try an early walk-in. If not, you might have to reschedule but as long as she has the letter as well as the expired green card she can travel freely.


01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

Share this post


Link to post
Share on other sites

If her green card expires at the end of March then her 90 day window has not yet opened. If you file as soon as it opens - sometime in early January I guess - you should have the extension letter in a week or two and the biometrics letter shortly after. If the bio appt. is too late you could always try an early walk-in. If not, you might have to reschedule but as long as she has the letter as well as the expired green card she can travel freely.

My bad. I saw "March 14" and read it as March 14th. Depending on the expiry date, the poster can still file at the end of Dec. Either that or get everything together and have a family member or friend mail it while they're gone.

If it was me in this position I'd have to ask myself what's more important, renewing my gc, or a 6 week vacation? I might think of changing the vacation or making it shorter.

Edited by Teddy B

Share this post


Link to post
Share on other sites

The window did not open before we both left.

Is there any prohibition on her filling out the forms here and me mailing it when I get back? For example, is there any issue if her extension letter is dated during a time she was out of the country? We would probably have to reschedule the biometrics appointment.

herwise we will just wait to Feb to file when we are both back in the States.

Edited by Frinkiac

Share this post


Link to post
Share on other sites

back at post #1, I like and condone option #2.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Here is my experience regarding travelling with an almost expired card:

I filed in April 2013 and had my 1-year extension. I went on a week-and-a-half overseas vacation with my husband in the first week of July. My card was expiring in late July. I returned to the country before my July expiration date with about 2 weeks to spare. So I brought my 1-year extension just in case. When I left the country no one questioned my expiration date. When I returned and gave the officer my card and the 1-yr extension, he didn't even look at the 1-yr and gave it back to me. Neither did the officer in the country I left from. The only people that even asked for my 1-yr extension was the bank that was processing my mortgage here in the US LOL.

So it will be best to carry the 1-yr extension for just-in-case reasons even if she will be returning prior to the expiration date and that my experience has told you that the officers did not bother with the extension. But that is not to say others won't.

Good luck.


ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×