Can my spouse leave the US while her I-751 is processing?

[Hassan Raza 3]

My wife and I plan to visit her home country outside the US around Christmas on 12/25/23 and return by 1/15/24. Her green card expires on 1/24/24. The earliest I can submit the I-751 documents is 10/26/23.

 

The questions I have are as follows:

 

1) Will her new permanent resident card (without conditions) likely arrive by mail before Christmas so we can travel?

2) If not, can she travel on her current green card (with conditions) as long as we return before it expires on 1/24/24? Perhaps we can bring documents that we've submitted all of our documents for removal of conditions? Will she have issues returning to the US with her green card right around expiration?

 

Thanks,

 

Hassan

[Hassan Raza 3]

Additionally, I want to keep the address that USCIS will have on file the very original address she moved to, which is my parents' address.

 

But as proof that the marriage is bona fide, I provided our joint lease document for the apartment we currently live in. All the other documents I'm submitting show that we live at the original address.

 

Will this be an issue with USCIS?

[SalishSea 16,775]

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

It really is not advisable to use an address other than where you live.   USCIS has been known to make unexpected home visits, to verify relationships.   I would guess you’d want them to show up where you live together, since that relationship is the entire basis for removing conditions.

[Lil bear 3,831]

12 minutes ago, Hassan Raza said:

Additionally, I want to keep the address that USCIS will have on file the very original address she moved to, which is my parents' address.

 

But as proof that the marriage is bona fide, I provided our joint lease document for the apartment we currently live in. All the other documents I'm submitting show that we live at the original address.

 

Will this be an issue with USCIS?

When you complete the form, use your parents address  as the mailing address and your apartment as the physical address.
 

Did you file the AR11 and I 865 change of address forms as required when you moved from your parents to your own apt. If you didn’t you need to come those before you file the 751

[Hassan Raza 3]

44 minutes ago, Lil bear said:

When you complete the form, use your parents address  as the mailing address and your apartment as the physical address.
 

Did you file the AR11 and I 865 change of address forms as required when you moved from your parents to your own apt. If you didn’t you need to come those before you file the 751

 

I did not file the AR11 and I-865. I thought we didn't have to, as I was told it's best to use the original address since I still have access to it (my parents' home). It's been five months since we've moved. 

I just submitted the request to have the address changed on my online USCIS portfolio. Now, I have to submit I-865.

 

Is this going to be a big problem? Can I still submit I-751 while the above two are submitted and pending?

[Hassan Raza 3]

1 hour ago, SalishSea said:

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

It really is not advisable to use an address other than where you live.   USCIS has been known to make unexpected home visits, to verify relationships.   I would guess you’d want them to show up where you live together, since that relationship is the entire basis for removing conditions.

Thank you. Do I need to submit a separate document to get the 46 month extension letter, similar to the advanced parole application I submitted when I originally submitted her adjustment of status documents?

[Lil bear 3,831]

20 minutes ago, Hassan Raza said:

 

I did not file the AR11 and I-865. I thought we didn't have to, as I was told it's best to use the original address since I still have access to it (my parents' home). It's been five months since we've moved. 

I just submitted the request to have the address changed on my online USCIS portfolio. Now, I have to submit I-865.

 

Is this going to be a big problem? Can I still submit I-751 while the above two are submitted and pending?

No it’s better done later than not at all.  File your I 751.  

[Hassan Raza 3]

13 minutes ago, Lil bear said:

No it’s better done later than not at all.  File your I 751.  

So, do you think it's okay to submit my I-865 now and then file the I-751 with the updated addresses as well?

[OldUser 4,817]

39 minutes ago, Hassan Raza said:

So, do you think it's okay to submit my I-865 now and then file the I-751 with the updated addresses as well?

Yes

[SalishSea 16,775]

3 hours ago, Hassan Raza said:

Thank you. Do I need to submit a separate document to get the 46 month extension letter, similar to the advanced parole application I submitted when I originally submitted her adjustment of status documents?

No, it will actually be the receipt notice after your packet is accepted for processing.

[OldUser 4,817]

4 hours ago, SalishSea said:

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

 

Correction: it's a 48 month extension letter! E.g. 4 years.

[Rocio0010 5,565]

I don't want to sound condescending or mean, please apologies if I do, but either get an attorney or a preparer to file for you, or spend some significant time here in VJ to educate you and your wife about how the process works and what to expect.

 

There is absolutely no way your green card will be here by the time you plan on travelling. What you will get is a 48- month extension letter, which she will need in order to get back to the US, and to prove status in general. For the trip, she should take her passport, her expired green card, the extension letter and your marriage certificate if she has changed her name to yours.

 

You should really just use your new address from now on. As others have stated, USCIS can do surprise visits, if they go your parents' house none of you are living there. Better to keep everything streamlined. Also, sign up for USPS informed delivery with your new address so that you can know what you're getting in your mail daily. 

 

Please read the Removing conditions on this website WITH YOUR WIFE today. Make sure you both understand the process. Do come back with questions.

[mindthegap 2,521]

13 hours ago, Hassan Raza said:

1) Will her new permanent resident card (without conditions) likely arrive by mail before Christmas so we can travel?

 

It might arrive by christmas.....2027.

 

 

[Liam2021 558]

Don't complicated yourself:

1. Change address with USCIS ASAP.

2. Submit I-751 early next month.

3. The receipt letter which is the extension letter will send out after USCIS receive I-751.

4. USCIS may or may not re-use the old biometric, so watch out for the biometric appointment notice.

5. Waiting game.

If you're unable to understand these simple steps, then please get an attorney. 

 

[Crazy Cat 39,266]

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