Time until permanent resident Green Card and implications for employment

[EllinDiasporas 1]

Dear Visa-Journey friends,

I have a couple questions regarding my application for my wife's permanent Green Card. She arrived in the US in late September 2013 and we were married on Oct. 15, 2013. We applied for adjustment of status from her K-1 Visa and got the first 2-year Green Card on July 12, 2014. My wife has been employed since mid-September 2014.

We petitioned for removal of residence conditions and the permanent Green Card, last Spring sending in her I-751 form with all supporting material on April 23, 2016. She had her biometrics appointment on June 10 last year. We've received no notice for the interview so far. Honestly, I'm becoming a little concerned that we've received nothing yet. Meanwhile, our first child is due on April 22nd.

The questions are:

 

a) We're working through the Vermont Service Center. When I look at the various cases of other Visa Journey subscribers it seems that it takes about a year to receive the new permanent Green Card. However, could any of you comment on how long it took for your cases ? Note that the USCIS site simply indicates that our case is being processed. I thought I'd ask you folks before I call USCIS.

b) My wife is Greek and we were able to travel to Greece last summer, thanks to the special document we received which offers a one-year extension. We have bought tickets to go back to Greece in mid-July, to introduce the baby to the family. Am I correct that, if we haven't received the new Green Card by that point, my wife won't be able to travel and re-enter the US ?

 

c) My wife just got disability leave prior to her child-birth and will then transition into parental leave. If her Green Card isn't received by April 23rd will this at all impact her ability to be legally employed ?

Any feedback you may have is greatly appreciated !

Thank you !

[Sukie 1,464]

Hi.  I am also an April 2016 VSC filer.  Please look up the forum I-751 April 2016 filers - Part 2 to find discussions about "our month".  There are 50 of us on the list  from "our month" who have filed at the Vermont Service Center.  Only 5 people on the list have received decisions so far.  Most of us have heard nothing - and our status still says "We received your...."

 

Most likely, your wife's new card WILL come prior to the expiration date of her one-year extension (July 12, 2017).  Prior to that date, she is free to travel and work with her expired green card and her I-797 extension letter.

 

If she has NOT received notice of her new card by the end of June, she needs to make an appointment at her local ASC and go get a new I-551 stamp in her passport.  They will take the expired green card from her at that time.  The I-551 will extend her legal residency (and her right to work) for yet another year.

 

You'll be fine.  Please do join us on the April 2016 forum!  We'd love to have you there!

 

Sukie in NY

Edited April 13, 2017 by Sukie
typo

[lromero 0]

Hello,

 

I am a June 2016 filer.  I filed the I-751 Removal of Conditions for my wife late June 2016.  We are also anxiously waiting for her permanent Green Card.  Our one year is up June 2017.  We filed at the California Service Center.  I know I may not be much help but at least you are aware that the USCIS is taking forever.  I would be proactive and get an appointment setup close to the expiration of her extension letter.  I would call this week and see if you can get in to see your local USCIS and get that passport stamped as Sukie mentioned.  I would think that technically once that letter expires your wife is not in the country legally.  You have come to far now to have the hiccup.  USCIS may have dropped the ball on something.   Let us know what happens.  Best. Luis R, Los Angeles, CA

[Ketsuban 1,034]

14 hours ago, lromero said:

Hello,

 

I am a June 2016 filer.  I filed the I-751 Removal of Conditions for my wife late June 2016.  We are also anxiously waiting for her permanent Green Card.  Our one year is up June 2017.  We filed at the California Service Center.  I know I may not be much help but at least you are aware that the USCIS is taking forever.  I would be proactive and get an appointment setup close to the expiration of her extension letter.  I would call this week and see if you can get in to see your local USCIS and get that passport stamped as Sukie mentioned.  I would think that technically once that letter expires your wife is not in the country legally.  You have come to far now to have the hiccup.  USCIS may have dropped the ball on something.   Let us know what happens.  Best. Luis R, Los Angeles, CA

That's a misconception. She is in the country legally, she just has no proof of status which is a misdemeanor offence if an officer of the law demands to see that proof. It also prevents re-entering the country after leaving. Unless someone's status is specifically terminated, they are legally here.

[mindthegap 2,590]

14 hours ago, lromero said:

I would think that technically once that letter expires your wife is not in the country legally. 

I would think you are talking BS.

 

PR card/ extension letter/stamp are all proof of current status - not the status itself.

 

When the extension letter expires, the status does not. You are still legally entitled to live, work, and have all the rights and responsibilities of a permanent resident, as that is what you are.

Further proof of status beyond the extension letter expiry is available by making an infopass appointment for an I-551 stamp. This is valid for a further year, and is of course required to re-enter the US from a trip overseas, and serves as proof of status if required to show to anyone.

[EllinDiasporas 1]

Dear all,

I really appreciate the thoughtful feedback, particularly from Sukie and Luis. I have a better idea of what needs to be done. I sincerely hope we're not faced with mind-the-gap's ordeal (I wish you all the best in getting this resolved). Everyone's perspectives helped give us some clarity, as we're a little stressed, particularly with a baby due on April 22nd.

We have booked tickets to travel to Greece on July 7 actually. If nothing has arrived by late May I will set up an Infopass appointment at our USCIS office in Buffalo, hopefully no later than 6/20, to get the I-551 stamp at least. Per the April 2016 forum Sukie points to, there is a post about the Buffalo office which confirms my positive experiences with them so far. I'm assuming I don't need to present any special circumstance justification for this trip and the request for the stamp ? We had to do  something like that right after our application for AOS in Nov. 2013 to go back to Greece for Xmas due to a serious illness of a parent. This time around, it's just a regular summer visit to family.

One more question: Is there any point in calling USCIS to inquire about the status of the application ? My experience so far, at least when setting up my wife's K1 visa application and following it 4 years ago, is that, at the first level of call response, the employees there are not the brightest bulb on the tree.

I'll close by thanking you also once again. Sukie, your feedback really boosted our morale, so thanks a ton !!

Pete

[Derwood 203]

20 hours ago, EllinDiasporas said:

One more question: Is there any point in calling USCIS to inquire about the status of the application ? My experience so far, at least when setting up my wife's K1 visa application and following it 4 years ago, is that, at the first level of call response, the employees there are not the brightest bulb on the tree.
 

Calling the USCIS mis-information line is nearly always a mistake. You'll probably just get incorrect information that will only give you cause to stress.