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

[millefleur 5,035]

2 minutes ago, Lil bear said:

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

Thank you, that's what I was thinking... So, basically if someone travels out of the US on an expired conditional GC without the extension letter/stamp, they could risk losing status? Would re-entry be at the discretion of the CBP agent on whether or not to allow them back in?

[Lil bear 3,831]

23 minutes ago, millefleur said:

Thank you, that's what I was thinking... So, basically if someone travels out of the US on an expired conditional GC without the extension letter/stamp, they could risk losing status? Would re-entry be at the discretion of the CBP agent on whether or not to allow them back in?

I think so yes. Personally I’d rather not ever need to find out. 

[Going through 5,668]

40 minutes ago, millefleur said:

Would re-entry be at the discretion of the CBP agent on whether or not to allow them back in?

If you think about it, though, re-entry is always at the discretion of the CBP officer when you're a LPR, even WITH valid documents.  I think (or at least I would hope!) they look at the whole picture.  Perhaps various factors being how long the person was out of the US from the time their 2-year card expired, whether or not they can show proof they've filed the i-751, any extenuating circumstance that can be proven (ie. medical emergency happening to the LPR while outside of the US) things like that.  

 

There has been more than one case reported on VJ that the person was outside of the country for weeks/months with an expired GC and they were let back in at the discretion of the officer (and given a stern lecture).  Boils down to the officer you encounter, I suppose, and how stringent they want to be.

Edited April 2, 2019 by Going through

[millefleur 5,035]

That makes sense. I would assume they would give a harder grilling to a person with an expired conditional GC versus a 10 year GC as that seems logical to me but who knows....I agree with @Lil bear, better to not find out first hand!

[mindthegap 2,521]

2 hours ago, longdistance12345 said:

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

No. Not possible overseas in this scenario.

 

 

1 hour ago, millefleur said:

Thank you, that's what I was thinking... So, basically if someone travels out of the US on an expired conditional GC without the extension letter/stamp, they could risk losing status? Would re-entry be at the discretion of the CBP agent on whether or not to allow them back in?

No, they risk not being allowed to board a carrier to the US, unless the airline contacts the RCLG and they give special permission after verification of status. Not something I would want to risk having to happen or explain. Boarding with an expired card only applies to a 10yr card. An expired two year card is only valid if accompanied by an extension letter. A stamp replaces the need for the letter.

 

At a border - either pre-clearance or land border (after flying into Toronto for example ) - CBP would be able to verify their LPR status and give you loads of abuse over it - but ultimately you would be admitted as a LPR.

 

 

 

 

 

 

You have three options.

The first option is to get back to the US before expiry, make an infopass, and plead that you need an I-551 stamp which would then enable re-entry after leaving again....whether or not they will give a stamp without a receipt (or number) in-hand for the I-751 filing is another matter, but  these are the perils of not planning ahead a little better and this cursed process as a whole.

FYI; having proof of further impending/urgent travel would aid the perceived need for the stamp.

 

The second option would be her remaining outside the US until the receipt/extension is received and then fedexing the original (it is watermarked!) to her which would work just fine...but with current processing times and reports of delays, is that something you want to risk? Could be a couple of days, could be months, could go missing in the mail when USCIS send it out.

 

The third option is land border from Canada as above.

 

 

Choose wisely

 

 

Edited April 2, 2019 by mindthegap

[USS_Voyager 1,971]

Quick question: Can OP bring the extension letter to the wife when he meets her in May? Technically no law has been violated , yet, right? An I-751 was timely filed before the conditional GC expires. So she is still a lawful permanent resident until there is a ruling on that I-751. She just lacks the required proof of a timely filed I-751 (and therefore extension of the validity of the GC). 

 

Meanwhile, OP, if I was in your shoes, after I receive the NOA1, I would send a copy of that along with any additional evidence you can gather in. Try to pre-emp an RFE, not always work, but you gor nothing to lose.

[carmel34 3,531]

The key to what you should do rests on when you receive the 797 for the filed 751.  If you receive it two or three days before her GC expires, you can either FedEx it to her or take it to her when you go in May and she should be allowed back in.  But if you do not receive the 797 two or three days before her GC expires, she should get on a flight back to the US at the latest, the day before her GC expires.  And plan on responding to the RFE you are likely to get showing more evidence of bona fide marriage like more co-mingling of finances, showing her as beneficiary on life insurance, retirement plans, will, etc. and more evidence that you have lived at the same address since marriage like a lease or mortgage in both of your names.  Good luck!

[Crazy Cat 39,252]

10 hours 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

Other than the extension letter issue, I think you should prepare your self for a difficult I-751 process unless you can find more quality evidence.  Good luck!!  Hopefully, you will receive the extension letter very soon.  You can take it to her.

[JT4/25 38]

9 hours ago, Going through said:

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.

very very true.  My husband, at the time, was a 10 year green card holder...had already renewed it for the 2nd time...but when he had to make an emergency trip back home...brought the expired GC with him instead of the renewed one.  British Airways would not allow him back on the plane.  They refused to even check that he was legit but without the new card.  He had to return to his parents house...I had to FEDEX the new card to him...and he was there an additional 4 days!

[Roel 7,191]

Definately expect RFE for more evidences. You really send them nothing.. 

[Ash.1101 1,755]

10 minutes ago, Roel said:

Definately expect RFE for more evidences. You really send them nothing.. 

Agree'd. I think the OP said some where that they don't really co-mingle finances aside from her being joint on his credit card. That wasn't provided either tho, and only one tax return for two years of marriage.

@longdistance12345    USCIS is looking for things that tie you together, not just proof you live in the same house. Wills, car loans together, mortgage in both names, lease in both names, bills don't have to be in both names because some don't allow it, but having say electric bill in yours and cable in hers helps, power of attorney, car insurance in both names, renters insurance in both names, more or less things that bind you together financially. 

While some people do not enjoy co-mingling funds, when it comes to immigration it is expected, especially by the ROC phase to have commingled more than what you have. While commingling funds isn't a normal life requirement, it is a USCIS one.

Edited April 2, 2019 by Ash.1101

[longdistance12345 1]

First of all , thank you all for taking the time to respond. I wasn’t able to sleep last night and I’m thinking somewhat clearly now.

 

1. I was under the impression that RFE will come before NOA1. So I will get noa regardless right?

 

2. My old car is paid off and I own my little comfy house so thankfully no rent or anything. 

3. Bills are in my name and I’m about to add my wife to the gas bill soon. Hopefully they let me

 

4. I can’t believe how expensive the one way ticket is. Almost $1000!!

 

5. My wife wants to go to the embassy and get another 551 stamp or something just in case. Will charge another few hundred dollars

 

what an expensive lesson. I also want to add how ridiculous American green card processes are  but then again a lot of fraud has let to this nonsense. It seems USCIS approved marriages are even more difficult than getting approval for controversial couples from both parents!!!!

Edited April 2, 2019 by longdistance12345
Add info

[Crazy Cat 39,252]

Just now, longdistance12345 said:

First of all , thank you all for taking the time to respond. I wasn’t able to sleep last night and I’m thinking somewhat clearly now.

 

1. I was under the impression that RFE will come before NOA1.

2. My old car is paid off and I own my little comfy house so thankfully no rent or anything. 

3. Bills are in my name and I’m about to add my wife to the gas bill soon. Hopefully they let me

 

4. I can’t believe how expensive the one way ticket is. Almost $1000!!

 

5. My wife wants to go to the embassy and get another 551 stamp or something just in case. Will charge another few hundred dollars

 

what an expensive lesson. I also want to add how ridiculous American green card processes are  but then again a lot of fraud has let to this nonsense. It seems USCIS approved marriages are even more difficult than getting approval for controversial couples from both parents!!!!

1.  No, but a rejection would come first if there were insufficient funds, etc.....normally, the first thing you receive will be the NAO and extension letter.

I would SERIOUSLY consider opening a joint checking account to show co-mingling of finances......just my opinion. 

[Mollie09 1,543]

20 minutes ago, longdistance12345 said:

First of all , thank you all for taking the time to respond. I wasn’t able to sleep last night and I’m thinking somewhat clearly now.

 

1. I was under the impression that RFE will come before NOA1. So I will get noa regardless right?

 

2. My old car is paid off and I own my little comfy house so thankfully no rent or anything. 

3. Bills are in my name and I’m about to add my wife to the gas bill soon. Hopefully they let me

 

4. I can’t believe how expensive the one way ticket is. Almost $1000!!

 

5. My wife wants to go to the embassy and get another 551 stamp or something just in case. Will charge another few hundred dollars

 

what an expensive lesson. I also want to add how ridiculous American green card processes are  but then again a lot of fraud has let to this nonsense. It seems USCIS approved marriages are even more difficult than getting approval for controversial couples from both parents!!!!

5 is not feasible until her I-751 is pending

[Ash.1101 1,755]

24 minutes ago, longdistance12345 said:

First of all , thank you all for taking the time to respond. I wasn’t able to sleep last night and I’m thinking somewhat clearly now.

 

1. I was under the impression that RFE will come before NOA1. So I will get noa regardless right?

 

2. My old car is paid off and I own my little comfy house so thankfully no rent or anything. 

3. Bills are in my name and I’m about to add my wife to the gas bill soon. Hopefully they let me

 

4. I can’t believe how expensive the one way ticket is. Almost $1000!!

 

5. My wife wants to go to the embassy and get another 551 stamp or something just in case. Will charge another few hundred dollars

 

what an expensive lesson. I also want to add how ridiculous American green card processes are  but then again a lot of fraud has let to this nonsense. It seems USCIS approved marriages are even more difficult than getting approval for controversial couples from both parents!!!!

1. No, NOA should take at least a month to come in. You may not see an RFE for a year, but they CAN reject your case if the check was incorrect or the funds aren’t there.

 

2.-3. That’ll be good and everyone will recommend a joint bank account even if it’s not your main one.

 

4. Yep!

 

5. Your wife can not get a stamp without the NOA in hand, and On the other side of that coin, they won’t give her a stamp if she has the NOA because she won’t need a stamp with the NOA, the NOA serves as an extension. The only time you get a stamp based off an NOA Is if the extension that was giving in the NOA is expiring.