Entering USA out of conditional redency period

[jemps 0]

Hi, I returned to England to see and help my mother during March of this year and I sent in my I751 just before the date my conditional residency ended (12th August 2019). My I751 was accepted just a few days ago, I am intending to return to the USA In January before returning to help with my family in England during the summer next year. I am concerned about what will happen at the border as to what my status is, I am divorced from the person who petitioned for me.  Any ideas please as I am wondering whether I will be given a visa waiver of all things!

 

 

[aichteeque 7]

4 minutes ago, jemps said:

I am divorced from the person who petitioned for me

Did you file for a divorce waiver when you filed for your I-751?

[aichteeque 7]

Either way, you'd need your unexpired UK Passport, Expired Green Card, and I-797 extension letter before you can enter. Alternatively,  you would've required a stamp from USCIS before you left, but I guess that ship has sailed.

[jemps 0]

No , I did not apply for a divorce waiver as I thought I did not need it as divorce was complete. Thanks for your comments.

 

[Georgia16 2,858]

9 minutes ago, jemps said:

No , I did not apply for a divorce waiver as I thought I did not need it as divorce was complete. Thanks for your comments.

 

How did you file then?

 

You can't file joint as you are divorced so you only option was to file with a divorce waiver.

 

Besides from that if you have your GC with you and your extension letter then you are fine to enter back in the us.

[jemps 0]

Yes acually, i did apply with a waiver, I was thinking it was more forms, but yes I did supply all the information required I think . I guess I will need to get a I797 to re-enter, I have no idea about them or how long they take. Thanks for your help

[jemps 0]

I am not sure what an 'I797 extension' letter is. I have an I797 notice of action that my I751 was been received and is being processed, is that with expired conditional residency card and UK passport enough to get in please?

[Liam2021 551]

1 hour ago, jemps said:

I am not sure what an 'I797 extension' letter is. I have an I797 notice of action that my I751 was been received and is being processed, is that with expired conditional residency card and UK passport enough to get in please?

You need to read through that I-797. There is a bold text that stated "your condition GC will be extended".

[jemps 0]

Ok thanks, I have not got the I797 yet, I had an email informing me one had been sent out as confirmation of acceptance of my I751. Thanks for you help.

[mindthegap 2,521]

1 hour ago, jemps said:

I am not sure what an 'I797 extension' letter is. I have an I797 notice of action that my I751 was been received and is being processed, is that with expired conditional residency card and UK passport enough to get in please?

Yes - you need the original (it is watermarked) in conjunction with your expired card and passport, so get it sent over to you.

 

Also, if you are divorced you should have filed with the divorce waiver box ticked and enclosed a copy of your divorce decree - you are going to have problems down the line because you didn't. How did you file jointly without your original sponsor signing the form?

 

[jemps 0]

Hi, thanks I sent the original in of the divorce, I did not think I would need that for going back in, I realized yes i did file for a divorce waiver as I included evidence of a good faith marriage in terms of photos and testimonies. So you think the I797 notification and passport and old conditional resident card is not enough for entry? That i will need to get another official copy of my divorce? thank you

 

[bakphx1 785]

You’ll also get a notice to do biometrics.  Three weeks or so after the notice of approval.  Will someone watch your mail?  Here’s the tough part: the biometrics appointment will be soon after the notice (10 days or so).  If you miss it, you can have a denial and immediate revocation of current status.  From what I read, it’s not considered abandoned until 90 days, but you are looking at 60 days which could still be a dangerous period.  You can reschedule but I don’t know how hard it is to push the date back that far.  Something to be looking into.

[Dashinka 23,234]

12 hours ago, jemps said:

Hi, thanks I sent the original in of the divorce, I did not think I would need that for going back in, I realized yes i did file for a divorce waiver as I included evidence of a good faith marriage in terms of photos and testimonies. So you think the I797 notification and passport and old conditional resident card is not enough for entry? That i will need to get another official copy of my divorce? thank you

 

You will need the original I797 form as @mindthegap stated since it is watermarked.  I would be contacting whoever is getting your mail and maybe they can send it to you in England.  Without it, they may not even allow you to board a plane to the US.

[geowrian 22,335]

Since the OP is form a VWP country, technically they should be able to get boarded on a plane. From there, once at POE, they should be admitted if the I-751 was accepted...although it likely won't be a fun experience through secondary without actual the extension letter.

So it's not a hard requirement to get back to the US in this case, but having the letter in hand will certainly be simpler.

[Dashinka 23,234]

56 minutes ago, geowrian said:

Since the OP is form a VWP country, technically they should be able to get boarded on a plane. From there, once at POE, they should be admitted if the I-751 was accepted...although it likely won't be a fun experience through secondary without actual the extension letter.

So it's not a hard requirement to get back to the US in this case, but having the letter in hand will certainly be simpler.

They allow people from a VWP country on a plane with an expired GC?  I am genuinely curious as the carrier guide doesn't seem to say that.  I do agree, that if he does actually make it to a POE, he should be let in eventually.  The OP should not plan on any short layovers.