CR1 Green Card Holder Abroad for 14+ Months — Lawyer Advised Filing I-751 and Returning. Advice?

[Diamond-hearts 2]

Hi everyone, 

 

Thank you so much for your advice. 

 

I first entered the US with my USC husband on 29th Sept 2023. We met in England (where I am from) as he was on military orders in the UK for 3 years. During this time, we got married and moved back to the US (for his next posting). I then came back to the UK for the purpose of holiday in July 2024, but I cancelled my flight back as my Grandad became ill and was then given a terminal diagnosis. My husband and I agreed that I would stay and spend Christmas with my family in the UK, but he got progressively worse, and I started to care for him. My mother was also hospitalised during this time. My grandfather passed away on 10th Sept. I then felt that I needed to start the process to return to the US. My GC expired on 29th September 2025.  My grandfather's funeral is on 3rd October so I have been unable to return prior to this time. The lawyer advised that my husband file the I-751 from within the US (which he is doing this week, with an explanation why it is late) and once I receive notification of this, to then fly back. My USC husband is going to come over here to see my family and then return with me.

 

Do you agree that this course of action is the best one? Should I apply for an SB-1? Or should we just start a new petition? 

 

It has been an extremely stressful and sad time, but thank you so much everyone. 

 

[Dashinka 26,180]

6 minutes ago, Diamond-hearts said:

Hi everyone, 

 

Thank you so much for your advice. 

 

I first entered the US with my USC husband on 29th Sept 2023. We met in England (where I am from) as he was on military orders in the UK for 3 years. During this time, we got married and moved back to the US (for his next posting). I then came back to the UK for the purpose of holiday in July 2024, but I cancelled my flight back as my Grandad became ill and was then given a terminal diagnosis. My husband and I agreed that I would stay and spend Christmas with my family in the UK, but he got progressively worse, and I started to care for him. My mother was also hospitalised during this time. My grandfather passed away on 10th Sept. I then felt that I needed to start the process to return to the US. My GC expired on 29th September 2025.  My grandfather's funeral is on 3rd October so I have been unable to return prior to this time. The lawyer advised that my husband file the I-751 from within the US (which he is doing this week, with an explanation why it is late) and once I receive notification of this, to then fly back. My USC husband is going to come over here to see my family and then return with me.

 

Do you agree that this course of action is the best one? Should I apply for an SB-1? Or should we just start a new petition? 

 

It has been an extremely stressful and sad time, but thank you so much everyone. 

 

Yes, since your current GC expired yesterday, I agree with that course of action.  I would not pursue the SB-1.  As other's have said, if a CBP officer suggests signing an I407 or any other form, do not.  Hopefully you will receive nothing more than a scolding about filing for a re-entry permit in the future.

 

Good Luck!

 

P.S.  My condolences on the loss of your grandfather. 

[Crazy Cat 45,446]

26 minutes ago, Diamond-hearts said:

The lawyer advised that my husband file the I-751 from within the US (which he is doing this week, with an explanation why it is late) and once I receive notification of this, to then fly back.

You both have to sign the I-751.  They will reject the I-751 if you do not sign it.  You sign in Part 7, item 6.a.  Husband (US citizen) will sign Part 8, item 6.a.

"If your petition is not signed, or if the signature is not valid, we will reject your petition."

 

Luckily, the instructions say this:

 

"Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink signature"

Edited Tuesday at 01:04 PM by Crazy Cat

[Crazy Cat 45,446]

4 hours ago, Diamond-hearts said:

Do you agree that this course of action is the best one?

Another vote for filing the I-751.  Once Husband gets the extension letter, you can board a flight back with him.  Note the cautions already posted above concerning signing I-407s, etc.

I am sorry.

Edited Tuesday at 05:12 PM by Crazy Cat

[OldUser 10,595]

I'm really sorry for your loss @Diamond-hearts. Keep us posted!

Edited Tuesday at 02:08 PM by OldUser

[Diamond-hearts 2]

Thank you!

[TBoneTX 48,087]

Condolences for your loss.

What awful timing in regard to the GC's expiration, but at least you have a path forward.

Keep us closely apprised.

[Mozillaman 65]

Hopefully goes without saying; but I'd travel back with a copy of your Dad's death certificate and a copy of the funeral pamphlet if there is one. Don't sign anything; but "I was in the UK caring for my dying father who just passed" and having proof of that should go a long way. You may need a certified copy of that death certificate at your removal of conditions interview, regardless, so it's best to have it.

 

So sorry for your loss, and wish you the best on your return.

[OldUser 10,595]

35 minutes ago, Mozillaman said:

Hopefully goes without saying; but I'd travel back with a copy of your Dad's death certificate and a copy of the funeral pamphlet if there is one. Don't sign anything; but "I was in the UK caring for my dying father who just passed" and having proof of that should go a long way. You may need a certified copy of that death certificate at your removal of conditions interview, regardless, so it's best to have it.

 

So sorry for your loss, and wish you the best on your return.

I don't think airline would allow to board the plane without extension letter. If OP had an expired 10 year GC, they'd have more luck boarding the plane without extension letter 

[Mozillaman 65]

Agreed on that point, she'll need the extension letter. As far as airport boarding; if OP is coming out of the UK they can use a preclearance airport to get a CBP officer to make a decision on UK soil and then they're ready for boarding. Also, it has the benefit that if things got hairy, they're still in the UK to regroup.

[OldUser 10,595]

32 minutes ago, Mozillaman said:

Agreed on that point, she'll need the extension letter. As far as airport boarding; if OP is coming out of the UK they can use a preclearance airport to get a CBP officer to make a decision on UK soil and then they're ready for boarding. Also, it has the benefit that if things got hairy, they're still in the UK to regroup.

IMHO chance of being rejected at preclearance is much higher than on US soil. But I doubt OP would even get to preclearance, most likely would be bounced off at airline desk before even reaching CBP? Others with experience can comment, I've never been in this situation thankfully.

Edited Wednesday at 12:22 AM by OldUser

[Diamond-hearts 2]

I will submit the I-751 and get the extension letter - do you think I’ll be ok at the border or likely get an NTA?

Thank you for all the advice!

[Dashinka 26,180]

1 hour ago, Diamond-hearts said:

I will submit the I-751 and get the extension letter - do you think I’ll be ok at the border or likely get an NTA?

Thank you for all the advice!

It is only my opinion, but with your story, I would think the most you would get is instructions to fill out an I131 for a re-entry permit if this were to happen again.  All you can do is answer the CBP officer’s questions truthfully, you are not required to offer additional information unless asked for it, but I agree with @Mozillaman, I would take a copy of your grandfather’s death certificate to show you did return as soon as you could after his passing.

 

Good Luck!