Second Extension Letter - Concerned

[dvensel1 5]

Hello all you good people.  I hope someone can enlighten me on this a bit further.

My wife entered the US on a K1 visa back in 4/2015.  We were married the following month in May.

After everything was aligned, we applied and received her 2 year green card.  Just prior to the ending date on this card (by 3 months) we applied for her Removal Of Conditions and her 10 year card.  Just about a month before her 2 year card expired, we received a 6 month extension on the date - taking her from a November 21st expiration to a May 21st expiration.  So we now have  1) An expired Green card.  2) a 6 month extension.

About a month before the May 21st extension expired, we received another extension - extending her green card a total of 18 months - taking us to May 21st of 2019.  It is now March 24th 2019, and the date is closing in fast.  I have written and tried to call USCIS several times to no avail.

Her application and all associated paperwork and evidence is all mailed in long ago and is in the Texas Service Center.  This is where we are now.  We have less than 2 months before her extension letter expires.  Is there any more we can do to compel some action?  We're planning on returning to the Philippines in July of this year, however, this may be a problem if she no longer has an extension that's valid. We'd lilke to plan flights and get things going on this trip soon but we're afraid to do so because of this.

A few questions if I may:

1)  Can she go to the local USCIS office and get a "Tourist Visa" (or something equally legal) stamp and travel in and out of the US on that?  We're fortunate that we live only about 70 miles from one of these offices.

2)  Will this stamp (if we receive it) impact her legal capability for employment (she currently has a legal full time job)?

3)  Do we or should we wait until we have the "stamp in hand" to make our travel plans?

4)  When is the optimum time frame to seek this stamp?  I've heard 30 days, 60 days, & 90 days, before the expiration date of her extension letter.

5)  If we leave this country with her "Tourist Visa" stamp, will she be able to return to the USA 2 months later?  The stamp is only good for 6 months I know, so we want to make sure she's within the time line here to avoid any undo difficulties.  In other words, we would leave the US on or about July 11th and return Sept. 11th - 2 months later.  Is this OK?

 

In closing, I'd like to thank all the wonderful people on this site for their help along the way.  You have answered questions clearly and properly and always helped us out.  I have tried to pay it forward in return for your good will and have consequently been able to help 3 other couples in our area travel through the immigration process easily like we did.  I will continue to do so any time I can.  I adore the Philippines and their culture and consider myself a lucky man for finding such a wonderful wife and making so many wonderful friends on here.  I hope it never ends.  You people are the greatest!

 

Doug and Ana Vensel in New York (not the city, but about 400 miles north from it in the mountains - God's Country as we say).

 

[Crazy Cat 39,216]

She does not need a tourist stamp.  She is not a tourist. She is a legal Perm Resident.  At the end of the extension, she will not lose her legal status.  She simply will not have valid proof of that status.  If you can't get a new extension letter in time for your trip, she can go to a local USCIS office to receive an I-551 stamp which will be evidence of her status.......she can travel and work with that stamp freely as if it was the plastic Green card.

Edited March 24, 2019 by missileman

[Crazy Cat 39,216]

Timing-  I have seen reports that some offices won't stamp the passport unless the expiration is within a month.  I think if you show the USCIS office that you have travel plans, they might be more willing to provide the stamp earlier.......just my opinion.....no facts.

[aaron2020 11,651]

Credit for creativity, but no.  Your wife is not a tourist.  She's a legal permanent resident.  

 

Furthermore, tourists can't come into the US with immigrant intent.  You wife can't use a "tourist stamp" to enter the US with the intent to remain and live here.  

 

Make an Infopass appointment and get an I-551 stamp.  This shows she's a green card holder and she can use that to enter the US.  

[USS_Voyager 1,971]

It’s called the I-551 stamp, which valid the same way as the green card. Usually those are valid for 1 year. Make an appointment with the local USCIS office and come with proof that yoy will travel after the extension ends. 

 

Have you filed the N-400? Consider filing that.

[bubblyheather 60]

hi @dvensel1 I got the same problem before but it only took a year from the application for the 10 years green card to be mailed to me.  

 

as @missileman advised. Make an appointment to the nearest USCIS office to you guys and inquire about the case .I did the same thing when my extension letter only have 3 months before I traveled back to the Philippines. I get back to the US 4 days before the extension letter expires so it was fine. 

 

Also monitor the status of the case through the uscis website and make sure to book her ticket using the name on her passport. 

 

I hope the greencard arrives before your travel dates. 

 

Goodluck and enjoy the warm weather back in the Philippines!

Edited March 27, 2019 by bubblyheather

[dvensel1 5]

Well, today proved to be worthy of arising from bed.  We finally got my wife's appointment letter and she's scheduled for 2 weeks from now.  She's excited!  This means our plans for our trip are back on.

She's going to apply for citizenship as soon as possible too.  This will naturally prevent this sort of thing from happening again.  So far we've been studying and have some help from friends who have recently gone through the process.  My wife is up on many things related to the test plus there's classes offered all the time here in our area.  I'm excited.

A couple of questions if I man: (and I've had several conflicting responses),  does she give up her Philippine citizenship when she does this?  Can she be "dual" citizenship?  If so, how?  What does she need to do in order to retain her Philippine citizenship plus become a USA citizen?  If there something she must carry with her at all times to prove this?  A card?   An affidavit?  Proof of some sort?

Thanks again people.  You always come through.  This is the best site ever for this.  God Bless you all!

[aaron2020 11,651]

42 minutes ago, dvensel1 said:

Well, today proved to be worthy of arising from bed.  We finally got my wife's appointment letter and she's scheduled for 2 weeks from now.  She's excited!  This means our plans for our trip are back on.

She's going to apply for citizenship as soon as possible too.  This will naturally prevent this sort of thing from happening again.  So far we've been studying and have some help from friends who have recently gone through the process.  My wife is up on many things related to the test plus there's classes offered all the time here in our area.  I'm excited.

A couple of questions if I man: (and I've had several conflicting responses),  does she give up her Philippine citizenship when she does this?  Can she be "dual" citizenship?  If so, how?  What does she need to do in order to retain her Philippine citizenship plus become a USA citizen?  If there something she must carry with her at all times to prove this?  A card?   An affidavit?  Proof of some sort?

Thanks again people.  You always come through.  This is the best site ever for this.  God Bless you all!

US does not have any laws allowing or banning dual citizenship.  As far as the US is concern, the person is a US citizen.

 

Here's info about dual citizenship from the PI side.  https://www.philembassy.no/consular-services/dual-citizenship-or-citizenship-retention-and-re-acquisition

 

Don't have to carry anything.