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kabass

Just realized my gc is expired while I am out of USA

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Filed: IR-1/CR-1 Visa Country: Japan
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Hello, I need some advice about my permanent resident status and my expiring green card.
My conditional gc is going to be expired in 2days but I am abroad.
I am 9month pregnant and am planning to deliver the baby in my home country as my American husband is very busy and cannot get enough support from him around the labor.
I came back to my country a week ago with my first child and just realized my gc was about to expired. I feel so stupid and desperate.

Please  PLEASE give me any ideas if you know what to do or if there is anything I can do to re-enter the US with my children....
I have not received any notices from USCIS or have not mentioned anything by officers at the departing airport....
USCIS lost my documents when I was applying my gc and took more than a year to finally receive my gc. So I received my gc very recently and I just did not think my gc would be expired this soon!!! I know this is totally my fault..

Sorry my writing is messy but I am totally upset right now....! Please help me! 
 

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Is your husband able to assist you and prepare your ROC package in the next couple of days?  You will most probably be unable to file on time, but you should get started ASAP.  If accepted, you will have to fly back to the USA for biometrics. 

 

Also, prepare for plan B and filing for a spousal visa again, should be 10-14 months before you return to the USA. 

Edited by Lemonslice
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Filed: IR-1/CR-1 Visa Country: Japan
Timeline
Just now, Lemonslice said:

Is your husband able to assist you and prepare your ROC package in the next couple of days?  You will most probably be unable to file on time, but you should get started ASAP.  

Yes, he can but can we file it when I am abroad?  
It seems it can be only filed from inside of USA....

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can you make it back to the us in 2 days?

mail in your roc paperwork and overnight it to uscis don't bother submitting evidence just get the form and the fee in. you can mail in more after it is submitted or if they rfe you. then have your husband delay your biometrics as much as he can so you can return for them.

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Filed: IR-1/CR-1 Visa Country: Japan
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1 minute ago, f f said:

can you make it back to the us in 2 days?

mail in your roc paperwork and overnight it to uscis don't bother submitting evidence just get the form and the fee in. you can mail in more after it is submitted or if they rfe you. then have your husband delay your biometrics as much as he can so you can return for them.

That makes sense. Thanks!

What if we fail to send it in 2days?
I will have to file CR1 again? 

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3 minutes ago, f f said:

can you make it back to the us in 2 days?

mail in your roc paperwork and overnight it to uscis don't bother submitting evidence just get the form and the fee in. you can mail in more after it is submitted or if they rfe you. then have your husband delay your biometrics as much as he can so you can return for them.

Hello! She's 9 month pregnant, the airline won't let her fly. Can her husband file the papers for her? 

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5 minutes ago, kabass said:

Yes, he can but can we file it when I am abroad?  
It seems it can be only filed from inside of USA....

He will have to send you the documents for signature and you return them... but I am guessing he has access to financial documents and other proof of relationship that you didn't bring in your luggage.  

 

I would not fly back that late in my pregnancy, but that is only my personal opinion.  Some airlines will allow you to fly with a medical certificate.  

Edited by Lemonslice
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Filed: IR-1/CR-1 Visa Country: Japan
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1 minute ago, Lemonslice said:

He will have to send you the documents for signature and you return them... but I am guessing he has access to financial documents and other proof of relationship.  

Ic so we will be not able to file in 2days...Even EMS will take about 3-4days to get there...
 

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Filed: IR-1/CR-1 Visa Country: Japan
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4 minutes ago, Petulc said:

Hello! She's 9 month pregnant, the airline won't let her fly. Can her husband file the papers for her? 

I think I can still fly but even if I fly tomorrow, I am not sure if I can send it by 27th Sep which the expiration date...My home in US is very far from major airports in Texas....
I was told I would need to sign on the documents.
 

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10 minutes ago, kabass said:

I think I can still fly but even if I fly tomorrow, I am not sure if I can send it by 27th Sep which the expiration date...My home in US is very far from major airports in Texas....
I was told I would need to sign on the documents.
 

I would try scanning the signed doc and emailing it back (and then mailing it) so you can send something  before the deadline. They will probably send it back but at least you will have proof that it was technically sent in time.

 

Is your timeline updated?


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You might be able to sign them with the computer. A lot of software to view PDFs allow you to electronically sign the document. 

 

The best thing is to have your husband file from the US and send it expedited. Since you are having the baby abroad, you are probably planning to stay a few months there anyway, so hopefully your paperwork will be in order to go back. 

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one key point is you need to attempt to file on time if you file and it is rejected you can submit the rejection letter as proof you tried to do it on time so you may get more leway on being a few days late.

 

didn't realize you were in Japan, it is a bit hard to get back to the us in time.

Edited by f f
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34 minutes ago, f f said:

one key point is you need to attempt to file on time if you file and it is rejected you can submit the rejection letter as proof you tried to do it on time so you may get more leway on being a few days late.

 

didn't realize you were in Japan, it is a bit hard to get back to the us in time.

Airlines dont let people fly after 36 weeks! Regardless of if she was in Canada or Japan, no airline would let her on a plane. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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