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]

Can I send extra stuff before the rfe even shows up? I want to get a leg up 

 

 

breaking news: Tracking not updating. It’s possible the package is lost. I wonder if I should ship another one. Maybe this is a silver lining again. I can send a fat stack 

[WeGuyGal 1,052]

46 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!!!!

I could imagine lots of hassles just getting into the embassy. Non US citizens, aka LPRs with no valid evidence of LPR status could face issues getting inside the embassy.  WHat embassy are we talking about? 

 

AMerican green cards are in high demand as you could imagine. US Dept of Homeland Security has to make sure green cards are issued to only those eligible, and establishing eligibility often takes time. 

[longdistance12345 1]

Pakistan embassy   Lol. I don’t think it’s a good spot to be in given the relationship 

[dwheels76 5,460]

Well the extension later will come within 30 days usually. Do you have anyone that can check your mail for you and scan the letter to you. That way you don;t have to return.

 

The RFE wouldn't come until months later when they adjudicate your petition at that time you will have created even more evidence.

 

Get a joint account, joint credit cards, add her to your 401K, you have a child you both should have a will now. You said you had her on your 2017 taxes what of 2016 and 2018? Where are they?

 

Affidavits of family attesting to your marriage, pictures of trips together and cards and letters to you both.

 

Drivers license showing same address. Bills aren't that big of deal since you are the sole provider. You need to show more that she is sharing your income which shows trust.

[Ash.1101 1,755]

1 hour ago, longdistance12345 said:

Can I send extra stuff before the rfe even shows up? I want to get a leg up 

 

 

breaking news: Tracking not updating. It’s possible the package is lost. I wonder if I should ship another one. Maybe this is a silver lining again. I can send a fat stack 

You can once you have the case number but it doesn’t mean that they won’t send an RFE.

 

where did you send the package?

 

note if you send a second package and they get your first one, they will run both checks and you will be charged twice. the check is to process it, so they’ll run the check and THEN look to see if you already have a case in.

 

also, you said your wife left, the signatures need to be real signatures and not just copies on the I-751. So if you sent a second package, it needs to have HER signature on it, the application is hers not yours.

Edited April 2, 2019 by Ash.1101

[Lil bear 3,831]

I know there have been multiple comments indicating that an expired GC does not means out of status , just no evidence of status. I totally agree when it is the 10 yr card , but USCIS webpage clearly states that failure to  ROC  results in loss of status ... it doesn’t specify if this results if the application is not timely ... 😬

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

 

end of the first paragraph on the above link 

Edited April 2, 2019 by Lil bear

[Dashinka 23,242]

12 hours ago, USS_Voyager said:

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.

I don't think there would be an issue with that.

[Hardfacts123 50]

There is more to this process than sending out documents. Your wife will have to do her biometrics. If she does not do biometrics, than the extension gets cancelled. It is best that she comes back to the state to complete the initial stage of this process. She can leave after the initial stage to continue her visitation with family and friends.

[Hardfacts123 50]

As most of you’ll are aware immigration has a no hold policy, if the complete information is not submitted when initially submitted or when requested, they have the right to denie your application. There is no appeal if the participant does not comply with the policy and procedures of the state department. 

[USS_Voyager 1,971]

46 minutes ago, Lil bear said:

I know there have been multiple comments indicating that an expired GC does not means out of status , just no evidence of status. I totally agree when it is the 10 yr card , but USCIS webpage clearly states that failure to  ROC  results in loss of status ... it doesn’t specify if this results if the application is not timely ... 😬

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

 

end of the first paragraph on the above link 

Correct, but there was no failure to file ROC. The I-751 WAS timely filed. Therefore her conditional resident status is extended as long as the I-751 is pending. All hinges on getting that NOA1 receipt. The wife just needs that NOA1 as proof that the I-751 was timely filed, at the time she re-enters the US.

[Ash.1101 1,755]

52 minutes ago, Lil bear said:

I know there have been multiple comments indicating that an expired GC does not means out of status , just no evidence of status. I totally agree when it is the 10 yr card , but USCIS webpage clearly states that failure to  ROC  results in loss of status ... it doesn’t specify if this results if the application is not timely ... 😬

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

 

end of the first paragraph on the above link 

Yea, failure to ROC a will eventually lead to immigration court and a loss of status and then removal. That’s why on the details page it mentions you will be removed from the country. That doesn’t happen instantly nor can it happen without the proper procedures. 

 

people have filed ROCs a year late and were still successful. There is no time limit as long as you can justify why.

 

note: last year when you sent your ROC, it was taking over 45 days just to get your check cashed and NOA drafted. By the logic that your status just ends, anyone who’s green card expired while USCIS wasn’t doing papers, would just be out of status and no longer be a green card holder, which wouldn’t make them eligible for ROC.

 

until you are in front of a judge and they finalize your removal proceedings, you have status.

Edited April 2, 2019 by Ash.1101

[USS_Voyager 1,971]

31 minutes ago, Bill & Katya said:

I don't think there would be an issue with that.

I would just do that then, that's the easiest way. 

[Lil bear 3,831]

15 minutes ago, USS_Voyager said:

Correct, but there was no failure to file ROC. The I-751 WAS timely filed. Therefore her conditional resident status is extended as long as the I-751 is pending. All hinges on getting that NOA1 receipt. The wife just needs that NOA1 as proof that the I-751 was timely filed, at the time she re-enters the US.

Agree on this case having managed a timely filing.. hopefully. Speaking more generally 

[WeGuyGal 1,052]

Requirement to file.. i751 completed and signed by both if filing jointly, check for the correct amount, a copy of the GC, and any evidence of relationship. USCIS sends out the NOA1 of all those included. 

 

Rest of the documentation is secondary. 

[Unidentified 2,930]

2 hours ago, Hardfacts123 said:

There is more to this process than sending out documents. Your wife will have to do her biometrics. If she does not do biometrics, than the extension gets cancelled. It is best that she comes back to the state to complete the initial stage of this process. She can leave after the initial stage to continue her visitation with family and friends.

The biometrics is easy to reschedule. Just check the box on the letter that says they want to reschedule and USCIS will send them a new date and time.