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Entering USA out of conditional redency period

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8 minutes ago, Bill & Katya said:

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.

It would not be the first time, although I don't believe it is a carrier policy. Normally an ESTA is still needed (that is the purpose of an ESTA), and an ESTA does not apply to LPRs.

Had it been a 10 year card instead, I believe there is a guidance to still accept it for boarding within 1 year of expiration. I'd have to pull the policy to confirm, though. Not sure that applies to 2 year cards, though, or it may vary by carrier (they're the ones taking the risk with document acceptance beyond guidelines).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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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Filed: Citizen (apr) Country: Russia
Timeline
20 minutes ago, geowrian said:

It would not be the first time, although I don't believe it is a carrier policy. Normally an ESTA is still needed (that is the purpose of an ESTA), and an ESTA does not apply to LPRs.

Had it been a 10 year card instead, I believe there is a guidance to still accept it for boarding within 1 year of expiration. I'd have to pull the policy to confirm, though. Not sure that applies to 2 year cards, though, or it may vary by carrier (they're the ones taking the risk with document acceptance beyond guidelines).

Yes, I didn't think the OP could get an ESTA being an LPR.  I am not sure about the expired 10 yr GC, I guess it would really depend on the airline.  I suppose 10 yr GC holders could apply for a boarding foil.

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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Filed: K-1 Visa Country: Wales
Timeline

You seem to be spending a lot of your time outside the US, what is the plan?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours 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.

Would have to apply for an ESTA which would mean lying, and it may not be approved.

Alternative would be to fly to, say, toronto, and enter via a land border, which does not require an ESTA.

 

3 hours ago, Bill & Katya said:

They allow people from a VWP country on a plane with an expired GC? 

Yes - ten year cards only  not two year conditional cards. VWP country has nothing to do with it.

 

3 hours ago, Bill & Katya said:

I am genuinely curious as the carrier guide doesn't seem to say that. 

Page 28

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

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

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Timeline
On 10/31/2019 at 3:45 AM, bakphx1 said:

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.

I already did one biometrics the year before last after my I485.. When you say three weeks after notice of approval you mean another biometrics three weeks after they approved my I751 for processsing? thank you

 

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Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
6 hours ago, jemps said:

I already did one biometrics the year before last after my I485.. When you say three weeks after notice of approval you mean another biometrics three weeks after they approved my I751 for processsing? thank you

 

Yes, after they send the extension letter.

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  • 1 month later...
Filed: Citizen (apr) Country: Taiwan
Timeline
On 10/31/2019 at 6:22 AM, Bill & Katya said:

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.

Correct!   A few days ago, my wife returned after a month in Taiwan (a VWP country). When she checked in, the Japan Airlines employee said "What are you using to enter the US?  My wife said, "I have a Green card". The JAL employee thoroughly checked her expired Green Card and her extension letter........before allowing her to board.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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