I realized the CR greencard was expiring in 2 weeks after I bought international tickets! hastily sent in i751 same day, now im worried

[longdistance12345 1]

Wife's gc is expiring on the 14th of april and the day she was flying out is the day we both found out. I am a US citizen and had no clue this thing is not renewable like a driver's license. 

Her return date is after the expiry and we're both anxious about what's going to happen. Many weddings and celebrations are going to be missed and thousands of dollars wasted if she returns immediately. she wanted to spend time with her mom and dad after so long.

 

We filed out the 751 the same day and signed it but I sent out the package the next day with just the following:

 

copies of her green card

copies of her state id to prove address 

one tax return transcript we have filed jointly in 2017

our daughter's birth certificate 

daughters passport

wife's health insurance card

my passport for name verification - thats it. 

 

THATS IT. I didnt send anything else. i didnt know if it was going to be a big deal. We dont have joint bank account but I have given her a joint credit card. I so nervous!!

 

what should I do? Can she go to the embassy overseas and get some kind of stamp? what if i get an RFE for bank account? she cant open on since shes not here. man im worried. i wish i sent a single picture

[millefleur 5,035]

1 minute ago, longdistance12345 said:

We filed out the 751 the same day and signed it but I sent out the package the next day with just the following:

 

copies of her green card

copies of her state id to prove address 

one tax return transcript we have filed jointly in 2017

our daughter's birth certificate 

daughters passport

wife's health insurance card 

my passport for name verification - thats it.  

 

THATS IT. I didnt send anything else. i didnt know if it was going to be a big deal. We dont have joint bank account but I have given her a joint credit card. I so nervous!!

Well, there's a high chance they will issue an RFE basically asking for more evidence if they aren't convinced.

 

Wait, did you send the $680 filing fee? If not, they will probably send the entire thing back to you...

 

[longdistance12345 1]

i did send the check but now i dont know if i should tell the wife to come back. It will be a major issue with an expired card

[gregcrs2 1,777]

15 minutes ago, longdistance12345 said:

Wife's gc is expiring on the 14th of april and the day she was flying out is the day we both found out. I am a US citizen and had no clue this thing is not renewable like a driver's license. 

Her return date is after the expiry and we're both anxious about what's going to happen. Many weddings and celebrations are going to be missed and thousands of dollars wasted if she returns immediately. she wanted to spend time with her mom and dad after so long.

 

We filed out the 751 the same day and signed it but I sent out the package the next day with just the following:

 

copies of her green card

copies of her state id to prove address 

one tax return transcript we have filed jointly in 2017

our daughter's birth certificate 

daughters passport

wife's health insurance card

my passport for name verification - thats it. 

 

THATS IT. I didnt send anything else. i didnt know if it was going to be a big deal. We dont have joint bank account but I have given her a joint credit card. I so nervous!!

 

what should I do? Can she go to the embassy overseas and get some kind of stamp? what if i get an RFE for bank account? she cant open on since shes not here. man im worried. i wish i sent a single picture

Did you submit the fees?  Anyway, based on what you provided, it seems rather short on documentation requirements.  I suggest planning on getting her back to the USA BEFORE her Green Card expiration.  Otherwise, she will likely not even be able to board the aircraft for the return flight and you may not see her for quite a while.

[Lil bear 3,831]

4 minutes ago, longdistance12345 said:

Wife's gc is expiring on the 14th of april and the day she was flying out is the day we both found out. I am a US citizen and had no clue this thing is not renewable like a driver's license. 

Her return date is after the expiry and we're both anxious about what's going to happen. Many weddings and celebrations are going to be missed and thousands of dollars wasted if she returns immediately. she wanted to spend time with her mom and dad after so long.

 

We filed out the 751 the same day and signed it but I sent out the package the next day with just the following:

 

copies of her green card

copies of her state id to prove address 

one tax return transcript we have filed jointly in 2017

our daughter's birth certificate 

daughters passport

wife's health insurance card

my passport for name verification - thats it. 

 

THATS IT. I didnt send anything else. i didnt know if it was going to be a big deal. We dont have joint bank account but I have given her a joint credit card. I so nervous!!

 

what should I do? Can she go to the embassy overseas and get some kind of stamp? what if i get an RFE for bank account? she cant open on since shes not here. man im worried. i wish i sent a single picture

She should NOT leave the US until she has the letter from USCIS confirming they have received the Removal  of Conditions application and also the Extension of the Green Card letter . Overseas consulates cannot assist with expired temporary green card.  Without the confirmation of the 751 application and the extension letter , she does not have legal status to stay in or return to the US..    Read into that ... she remains overseas and you file for another immigration visa. 12 months +, all fees again ++ 

[longdistance12345 1]

yeah i sent the check but i thought the child would be a strong case for a bonafide marriage. its hard travelling 20+ hours on a plane and now  she has to come back within 10 days

[gregcrs2 1,777]

1 minute ago, longdistance12345 said:

yeah i sent the check but i thought the child would be a strong case for a bonafide marriage. its hard travelling 20+ hours on a plane and now  she has to come back within 10 days

A  child only means two people had sex, it is not a strong case for a bonafide marriage..  When she gets back, you need to do joint financial accounts.  Really, if something happened to you, how would your wife be able to financially take care of herself and a child.  

[millefleur 5,035]

7 minutes ago, longdistance12345 said:

i did send the check but now i dont know if i should tell the wife to come back. It will be a major issue with an expired card 

I think, to be on the safe side here, she needs to come back to the US before the GC expires. This is not something you want to take a gamble on. She could lose LPR status if she tries to come back with an expired conditional card and no extension letter or I-551 stamp.

 

Don't worry so much about not sending enough evidence right now...worry more about her losing status and not being allowed back into the US.

[longdistance12345 1]

Co-mingling of finances is something we never cared for. I pay for all the bills and she takes classes and is a home maker for now. I guess I should take care of this asap. 

 

if it wasnt for the weddings and her trip plans, we would have completely missed the whole thing. silver lining i suppose

[Lil bear 3,831]

3 minutes ago, longdistance12345 said:

yeah i sent the check but i thought the child would be a strong case for a bonafide marriage. its hard travelling 20+ hours on a plane and now  she has to come back within 10 days

It’s unfortunately the impact of not filing the ROC earlier in the 90 day window. Time to do what has to be  done... 

[Going through 5,668]

The plastic green card expires---does not mean her LPR status expires....

 

That being said, safer for her to fly back beforehand as some airlines will not allow her to board with an expired green card.

 

EDITED TO ADD:  Just so you're aware, if/after the ROC is approved she will then receive a 10-year green card.  She can continue to renew the GC by filing a i-90 form, if she wishes to remain a LPR, or file the N400 (after 3 years from the issue date of the initial GC minus 90 days) if she wishes to apply for citizenship.

Edited April 2, 2019 by Going through

[longdistance12345 1]

if she goes to the embassy and asks for a any stamp or extension will it be possible? I feel so sorry for her that she's unable to relax as planned  I was supposed to meet up with her in May and we'd be coming back together. that would be possible if I get the 797 NOA

 

I found a ticket and reserved it. Will buy within 24 hours but i am actively looking for any solution that will help. I might call USCIS and see what they say. I heard they dont send RFE twice and causes a major problem. dont want that to happen

[Going through 5,668]

3 minutes ago, longdistance12345 said:

if she goes to the embassy and asks for a any stamp or extension will it be possible?

From the USCIS website about travel document/boarding foil:

 

If you are an LPR with an expired Green Card or are traveling with a child under 2 years old, please read the Special Instructions section to determine whether you need to file Form I 131A.

 

 

If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you:

• Are an LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);
• Are an LPR who has an expired Green Card with a two-year expiration date and you also have Form I-797, Notice of Action, showing that you filed a Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (and you have been outside of the U.S. for less than a year). The Notice of Action extends the validity of the card for a specified length of time, generally one year; or
• Are an LPR military service member or employee of the U.S. government (or an LPR dependent of such an individual) on official U.S. military or government travel orders, regardless of time outside of the United States.

Check with your airline or transportation carrier before you file Form I-131A because, in some situations, they may still refuse to let you board even if you are in one of the categories above. In that case, you will need to file a Form I-131A.

 

https://www.uscis.gov/i-131a 

[millefleur 5,035]

9 minutes ago, Going through said:

If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you:

Filing fee: $575. Yikes...might be cheaper for the OP to just buy a return ticket or book and earlier flight!

 

Thanks for correcting me @Going through, she won't lose status but the thing is that she wasn't technically allowed to travel without the proper extension documents. Conditional GC's are conditional for a reason and they come with a whole set of rules and regulations that CBP will expect to be followed. Even in the best case scenario if she was allowed back in with the expired card and no letter/stamp/travel foil, CBP most likely will not be nice to her about why she didn't follow the rules she agreed to when given a conditional GC.

Edited April 2, 2019 by millefleur

[Lil bear 3,831]

14 minutes ago, longdistance12345 said:

if she goes to the embassy and asks for a any stamp or extension will it be possible? I feel so sorry for her that she's unable to relax as planned  I was supposed to meet up with her in May and we'd be coming back together. that would be possible if I get the 797 NOA

 

I found a ticket and reserved it. Will buy within 24 hours but i am actively looking for any solution that will help. I might call USCIS and see what they say. I heard they dont send RFE twice and causes a major problem. dont want that to happen

Temporary Permanemt residency cannot be extended apart from the application to Remove Conditions. 

 

13 minutes ago, millefleur said:

Filing fee: $575. Yikes...might be cheaper for the OP to just buy a return ticket or book and earlier flight!

 

Thanks for correcting me @Going through, she won't lose status but the thing is that she wasn't technically allowed to travel without the proper extension documents. Conditional GC's are conditional for a reason and they come with a whole set of rules and regulations that CBP will expect to be followed.