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jemps

Entering USA out of conditional redency period

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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!

 

 

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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?


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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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.


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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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.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

10/21/19....Bio-letter for K-1 received

10/28/19....Biometrics done 

 

 

 

 

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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 :)

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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?

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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".

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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.

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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?

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

N-400 Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

Mid 2019: Filed request for Senator & Ombudsman assistance. Both unable to help. Treat.

Nov 2019: Filed e-request for N-400 out of processing time...awaiting the standard BS letter back...

 

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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

 

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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.

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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.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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