Few Questions about ROC (Traveling, Name Change, etc.)

[vajaster 7]

Gah! Hello Fellow Peepsssss!!!

 

Feel's SO GOOD to be back here

 

We'll be up for our ROC late August, and I have a few questions, I could really use some help from ya'll

 

1) We are planning to visit Afghanistan - with the whole Trump Travel Ban/changes going on, would you guys advise us to go or not? We are scared Afghanistan might get added to the list of countries banned from travel to/from. Is there a possibility that my wife will be rejected when coming back home to the US?

 

2) Wife's Green Card will be expiring in 11/2017 but we are planning our travel sometime in 09/2017. I would have already sent the ROC I-751 Package prior to our departure - will she be ok with an UNEXPIRED Green Card that has only two months left before expiration when we return?

 

3) I had read somewhere a while back that all international travel must be listed during application, however I can't remember if it was during the ROC process or Naturalization process? I believe it's the Naturalization process, and if so, would international travel hurt the application? Were really trying to stay domestic travel currently in the last 1.5 years as to not create any conflicts with future applications.

 

4) My wife kept her maiden name during our I-130 process and her Green Card has her maiden name. I remember reading something a couple years ago that a name change would cost money or a name change DURING the I-751 ROC process would be free. How would we go about getting her last name changed now? Do we list it somewhere on the I-751?

 

THANK YOU ALL  

Edited June 19, 2017 by vajaster

[vajaster 7]

Bump? Can someone maybe help me with Question #4 at least? Or link me up?

[maryam78 10]

I think you can go to your social security office and have her married name added. Then you do the same with USCIS office I think. On citizenship application people are allowed to change their first name but not last name. I mean she can add her marriage name but last name doesn't change on citizenship form .

 

As far as I know Trump ban doesn't affect green card holders. But that being said. Things are unpredictable and anything can happen. So you are just taking a risk.

[nightingalejules 678]

On 6/19/2017 at 4:31 PM, vajaster said:

Gah! Hello Fellow Peepsssss!!!

 

Feel's SO GOOD to be back here

 

We'll be up for our ROC late August, and I have a few questions, I could really use some help from ya'll

 

1) We are planning to visit Afghanistan - with the whole Trump Travel Ban/changes going on, would you guys advise us to go or not? We are scared Afghanistan might get added to the list of countries banned from travel to/from. Is there a possibility that my wife will be rejected when coming back home to the US?

 

In theory, the new versions of the travel ban don't apply to permanent residents... and of course as you say, they don't currently include Afghanistan. However, if you're asking for my opinion, I wouldn't feel comfortable making that trip until I at least had a 10 year green card, if not citizenship. It seems like too big a risk for me.

 

2) Wife's Green Card will be expiring in 11/2017 but we are planning our travel sometime in 09/2017. I would have already sent the ROC I-751 Package prior to our departure - will she be ok with an UNEXPIRED Green Card that has only two months left before expiration when we return?

 

On 6/19/2017 at 4:31 PM, vajaster said:

 

3) I had read somewhere a while back that all international travel must be listed during application, however I can't remember if it was during the ROC process or Naturalization process? I believe it's the Naturalization process, and if so, would international travel hurt the application? Were really trying to stay domestic travel currently in the last 1.5 years as to not create any conflicts with future applications.

 

4) My wife kept her maiden name during our I-130 process and her Green Card has her maiden name. I remember reading something a couple years ago that a name change would cost money or a name change DURING the I-751 ROC process would be free. How would we go about getting her last name changed now? Do we list it somewhere on the I-751?

 

THANK YOU ALL  

 

[nightingalejules 678]

On 6/19/2017 at 4:31 PM, vajaster said:

1) We are planning to visit Afghanistan - with the whole Trump Travel Ban/changes going on, would you guys advise us to go or not? We are scared Afghanistan might get added to the list of countries banned from travel to/from. Is there a possibility that my wife will be rejected when coming back home to the US?

In theory, the new versions of the travel ban don't apply to permanent residents... and of course as you say, they don't currently include Afghanistan. However, if you're asking for my opinion, I wouldn't feel comfortable making that trip until I at least had a 10 year green card, if not citizenship. It seems like too big a risk for me.

 

On 6/19/2017 at 4:31 PM, vajaster said:

 

2) Wife's Green Card will be expiring in 11/2017 but we are planning our travel sometime in 09/2017. I would have already sent the ROC I-751 Package prior to our departure - will she be ok with an UNEXPIRED Green Card that has only two months left before expiration when we return?

It depends on when you're leaving. You will receive a Notice of Action (NOA) that will extend your green card's expiry for another year. You will travel with both the letter and the card, and you'll be fine. I traveled with my card easily both before, and, with the letter, after expiry. 

 

However, here's the timeline you need to keep in mind.  When you send in your I-751, you will get your NOA letter within a couple of weeks. But then, you will be assigned a Biometrics appointment date and time. Mine was about a month after my NOA. Your wife must be in the US to attend that appointment.  So getting back into the US isn't the issue. The issue is that your wife's petition could be denied if she were out of the country when she was supposed to go to her Biometrics Appointment.

On 6/19/2017 at 4:31 PM, vajaster said:

3) I had read somewhere a while back that all international travel must be listed during application, however I can't remember if it was during the ROC process or Naturalization process? I believe it's the Naturalization process, and if so, would international travel hurt the application? Were really trying to stay domestic travel currently in the last 1.5 years as to not create any conflicts with future applications.

That requirement is part of the Naturalization process. Basically, those dates are to determine whether your wife's actual presence in the US is sufficient to qualify you. And most people are totally fine. The rule is that within the 3 years (if you're applying under that rule) your wife needs to have been physically present in the US for at least 18 months in total (so at least half of the time she's been a permanent resident.

 

I don't know anything about Maiden/Married name rules, so I'll leave that to others.

 

.....Sorry about the repost; it wouldn't let me edit.

[vajaster 7]

On ‎7‎/‎7‎/‎2017 at 0:15 AM, nightingalejules said:

In theory, the new versions of the travel ban don't apply to permanent residents... and of course as you say, they don't currently include Afghanistan. However, if you're asking for my opinion, I wouldn't feel comfortable making that trip until I at least had a 10 year green card, if not citizenship. It seems like too big a risk for me.

 

It depends on when you're leaving. You will receive a Notice of Action (NOA) that will extend your green card's expiry for another year. You will travel with both the letter and the card, and you'll be fine. I traveled with my card easily both before, and, with the letter, after expiry. 

 

However, here's the timeline you need to keep in mind.  When you send in your I-751, you will get your NOA letter within a couple of weeks. But then, you will be assigned a Biometrics appointment date and time. Mine was about a month after my NOA. Your wife must be in the US to attend that appointment.  So getting back into the US isn't the issue. The issue is that your wife's petition could be denied if she were out of the country when she was supposed to go to her Biometrics Appointment.

That requirement is part of the Naturalization process. Basically, those dates are to determine whether your wife's actual presence in the US is sufficient to qualify you. And most people are totally fine. The rule is that within the 3 years (if you're applying under that rule) your wife needs to have been physically present in the US for at least 18 months in total (so at least half of the time she's been a permanent resident.

 

I don't know anything about Maiden/Married name rules, so I'll leave that to others.

 

.....Sorry about the repost; it wouldn't let me edit.

Thanks a lot for all your information.

 

So we've decided we'll be going. When we come back however there will only be 2 months left until her GC will expire.

I'm assuming I'll be fine with that right? (I won't have the NOA extension letter, but seems like I won't need it considering I'll have 60 days left before GC expires, right?)

[nightingalejules 678]

4 hours ago, vajaster said:

Thanks a lot for all your information.

 

So we've decided we'll be going. When we come back however there will only be 2 months left until her GC will expire.

I'm assuming I'll be fine with that right? (I won't have the NOA extension letter, but seems like I won't need it considering I'll have 60 days left before GC expires, right?)

Yes, if she still has time on her GC when she returns, there should be no problem in getting back into the US. Have a good trip!