Time to receive the receipt notice after filing I-751

[Giovanni1 69]

Hello everyone,

I am about to file I-751 for  ROC (GC expires in May). I am told by the attorney assisting me, that it might take several months before getting a response from USCIS and that in the meanwhile I should not leave the country. Is that true that it takes so long? I see people usually get a  response within few days or a month at most.

 

Edited February 11, 2019 by Giovanni1
typos

[Liam2021 551]

Your attorney try to scared you to get more $$$?. After you file I-751, you will get the NOA1 and this NOA1 will extend your GC to another 18 months. You can using your expire GC+ this NOA1 to travel. I-751 only took 5-7 months before, but since USCIS too backlogs, so it took more than a year.

Edited February 11, 2019 by H&T

[Giovanni1 69]

6 minutes ago, H&T said:

Your attorney try to scared you to get more $$$?. After you file I-751, you will get the NOA1 and this NOA1 will extend your GC to another 18 months. You can using your expire GD+ this NOA1 to travel. I-751 only took 5-7 months before, but since USCIS too backlogs, so it took more than a year.

I do not think they are scamming me, I worked with them during my AOS process, and paid extra to have them during the interview. It was money well spent, as the uscis officer kept asking pointless questions about a stupid point and the lawyer cut them short, possibly saving me another interview and/or more documents
So if I understand correctly, the NOA1 is good to travel, and it should come 2-3 weeks after sending the I-751 to USCIS?

Edited February 11, 2019 by Giovanni1

[C90 376]

22 minutes ago, Giovanni1 said:

Hello everyone,

I am about to file I-751 for  ROC (GC expires in May). I am told by the attorney assisting me, that it might take several months before getting a response from USCIS and that in the meanwhile I should not leave the country. Is that true that it takes so long? I see people usually get a  response within few days or a month at most.

 

I've heard stories of people who waited about 2 months after filing ROC before their extension letter arrived. Other people have it in a few weeks. USCIS is super backlogged, so yeah it may take anywhere from 1 week to 3 months (very unlikely tho) to get your extension letter.

 

As long as your GC is valid you can travel outside the US and return. If your GC expired and you didn't get your extension letter yet, you can make an info pass appointment to get a stamp in your passport (I do assume you should have proof that you filed ROC for that). Do not leave the country before you have the extension letter or the stamp! Once you get the extension letter you can travel. Make sure to bring your passport, expired GC and the extension letter.

[Sukie 1,439]

Giovanni1, you are correct.  Your NOA1 should arrive within about 4 weeks (sometimes sooner) of your submission.  Keep that NOA1 safe!  You may travel with the NOA1 AND your expired green card.  You must have BOTH documents in your possession when you re-enter the US.  A side note:  many people are taken to "secondary" when they re-enter.  Don't worry about this.  Sometimes the officers at the booths need someone else to approve your entry.

 

I still do not understand why your attorney said what they did.  You may leave and return as long as your green card has not expired - even if you have applied for the I-751.  You may leave and return with the NOA1 + your expired green card.  Perhaps what the attorney was meaning is that you should stay in the US until your biometrics appointment is complete.

 

Sukie in NY

[Giovanni1 69]

Thanks everyone, the answers I read are comforting. I think there has been a miscommunication with my lawyer. I will give them call, much better than email!

[CanadaCasey 13]

I think they were probably just trying to make sure you were being cautious, as I also sent my application in over a month ago and still haven't gotten my extension letter.  

[Giovanni1 69]

4 hours ago, CanadaCasey said:

I think they were probably just trying to make sure you were being cautious, as I also sent my application in over a month ago and still haven't gotten my extension letter.  

Yes, they mentioned a case where they sent out the I-751 at the beginning of december and have yet to hear back from USCIS. I am reading similar comments on this forum, so perhaps waiting times are getting longer.

[WeGuyGal 1,052]

8 minutes ago, Giovanni1 said:

Yes, they mentioned a case where they sent out the I-751 at the beginning of december and have yet to hear back from USCIS. I am reading similar comments on this forum, so perhaps waiting times are getting longer.

yes

[Giovanni1 69]

Just out of curiosity, a friend of mine got a green card through marriage, like me, but without conditions, i.e. her card expires in 10 years. She got married about 5 years ago. Is the 2 years condition something recently introduced, or it is assigned only to certain people?

[WeGuyGal 1,052]

Those who become permanent residents anytime before their 2nd wedding anniversary get the conditional card. 

 

If they enter the US or Adjust status after completing two years as a married couple,, they get a 10-yr card.