mdunlap24

Hi,

My husband is planning a trip home but it will most likely be while his I-751 is pending. Is it possible to travel when his conditional greencard is expired and his I-751 is pending? Will he need to have his passport stamped by USCIS indicating that he has filed to remove conditions? What documentation is needed for him to travel if his GC is expired?

Thank you in advance.

Yes, you can travel during this period. Make an InfoPass appointment and bring all of your I-751 stuff with you and your itinerary if you have it. They will give you the I-551 stamp in your passport. My husband traveled countless times during the I-751 process and is now traveling on a stamp because USCIS gave him the wrong birthdate which was discovered 8 months after the GC was issued. My husband's primary work involves traveling from the US to Europe.

The only word of caution I will make is to allow yourself a minimum of 3 hours connection time for when you arrive back into the US. Because these stamps are frequently forged (according to the Immigration folks at the POE) your husband can most definitely expect to go to Secondary Inspections for stamp verification. My husband has come in mostly to Washington Dulles, but he has also arrived via Chicago and last night through Boston, and each time he went to Secondary Inspections (or the "bad boys' room" as my husband calls it).

Good Luck.

Lissa

Do the transcripts have to be mailed. My husband has his interview on Monday , Sunday night our time?

A bit short notice fo them, you wont have them in time, stick with the 1040 + Schedules, and other evidence supporting income.

If you have access to a fax machine, the nice folks at the IRS will fax them to you immediately.

Tax returns. (How do I get copies if I filed electronically?)

Call the IRS 1-800 number. They can either fax or mail you your tax transcripts.

Even though you don't make enough, you can still file jointly. We were married in February 2004 and my husband arrived with his GC in October 2004. He didn't work. You can file jointly after you marry regardless of how much you make. We found that it was in our best interest.

On June 27, 2007, we received an email telling us that the card had been produced on that date. We received the green card on July 7, 2007 - it was a lucky day after all!

We're done!!

Ok, my husband was approved the other day for his 10-year green card. Today, we receive this email...

What the heck?? We went the I-130 route 3 years ago! Has anyone else received funky emails from USCIS??

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: MSCXXXXXXXXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: Approval notice sent.

On October 27, 2004, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

He first needs to naturalize and become a US Citizen before getting a US Passport. Only US Citizens can get a US Passport.

Can apply to naturalize 90 days before 3rd anniversary of LPR status that is 3 years from issue date of the conditional green card.

Right. That's what I was talking about. US Passport = Citizenship to us.

Yay! The evidence we submitted for our RFE was sufficient.

For those who have received a RFE, we resubmitted our information on May 30, 2007 and I received the email today, June 27, 2007. It's about a month between them receiving the additional evidence and producing the new card.

Woohoo! Now to decide if he wants to get his US Passport.

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EACXXXXXXXXXX

Application Type: CRI89 , PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Current Status: Card production ordered.

On June 27, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

UPDATE:

My husband and I went to the Pawtucket RMV yesterday to see if we would have any luck. We were told straight away to go to "ENFORCEMENT". A very nice younger man helped us at the counter, and a crotchety older guy asked the stupid questions.

We explain the situation and our reason for denial in the Middletown branch.

The young guy says that he doesn't understand why they would have a problem and he apologizes. The old crotchty guy sitting at a desk 15 feet away starts asking questions about the visa, etc. He wouldn't let my husband speak and kept asking us for his I-20 (what the hell is that??) and why doesn't he have an I-20. I pipe up and try to explain about the lifting of conditions ect. After 10 minutes of explaining he asks, "Who are you anyway?" I say, "I'm his wife." The crotchety old man the tells the nice young guy, "Just approve it!" all grumpy. Haha. 15 minutes of him not understanding what he's talking about, all I needed to do was say that I was his wife.

How much do want to bet if I wasn't white and I spoke with an accent, it would have been a lot more difficult...

I should add that Mike travels with only his passport containing the I-551 stamp. He's never brought the NOA or any support paperwork.

My wife is only going to be out of the country once between the expiration of her conditional card and when she will presumably receive her 10-year card (she'll probably get it in October). Admittedly, it would be less cumbersome just traveling with her passport containing an I-551 stamp, but she'd have to do an Infopass to get that stamp -- which would not be so convenient. So she's only planning on taking her soon-to-expire conditional card and the NOA1.

My understanding is that this is sufficient, and that she won't necessarily have to go to secondary inspection. Or at least I would hope not, seeing as she'll be coming back alone with our two rambunctious toddlers (who both have U.S. passports).

It's really up to the person you see at POE whether or not you go to Secondary Inspection, but I would think your chances would be less if you travelled on the NOA. My husband personally finds it better to just carry his passport and not worry about another piece of paper, leave enough fudge time between connections, and not carry the NOA. He knows that he will most likely be pulled to SI since Immigration has found that there are forged I-551 stamps. (told to my husband by POE).

Right on nearly all of it.

His Social Security card has the disclaimer on it, which is why he brought his passport. Otherwise, he would have only needed to bring his MA licence.

The woman behind the counter started leafing through which is when she found the expired CR-1. Mike then tried to explain what it was and showed the I-551.

I called *Patrick* Kennedy's office (RI Congressman) to help since I wanted to know what they thought i should do. My cousin has connections with the former speaker of the house in RI, so if need be, I can perhaps pull some strings there.

Thank you for the reminder, but I already changed our address with USCIS. In the process they give you the option to change your address for your pending cases also.

Get the disclaimer removed form the SS card, you should have done that as soon as you got the green-card, take the green-card and NOA1 for the I-765 to the SSA office and get the card replaced. Green-card holders are entitled to the un-restricted SS card.

I discussed that with my husband too, but we weren't sure if you get your SS Card right away. If it takes more than 20 days to reach us we're out of luck there. I think we might stop into the local SS office tomorrow before heading to the RMV. Also, I'm worried we'll get the same ignorance we received at the RMV. I've heard stories here of that happening.

Check with RI DMV website

I did and couldn't find *any* mention of USCIS or visas or immigration. Except on their forms of ID to bring.

http://www.dmv.ri.gov/licenses/id_reqs.php#residency

A few things, the CR-1 visa is a one time use visa and is voided as soon as it is used, the green-card replaces the visa and shows legal presence, the expired green-card and I-751 NOA1 letter proves legal presence after green-card expires, not the Voided Visa in the passport. The passport should only be used as ID, and the Biometrics page in the front is all that they should be looking at.

Calling Kennedy's office won't help, his office handles problems at the federal level such as USCIS, and State Department and only for residents of MA. The DMV is a state's rights thing and is handled by the individual states, calling the RI govenor's office or the DMV at the state capital may be more usefull.

One last note: Since you did move, don't forget to file AR-11, and I-865 forms reporting the move to USCIS, and also call them about the move to get it changed on the pending I-751.

Right on nearly all of it.

His Social Security card has the disclaimer on it, which is why he brought his passport. Otherwise, he would have only needed to bring his MA licence.

The woman behind the counter started leafing through which is when she found the expired CR-1. Mike then tried to explain what it was and showed the I-551.

I called *Patrick* Kennedy's office (RI Congressman) to help since I wanted to know what they thought i should do. My cousin has connections with the former speaker of the house in RI, so if need be, I can perhaps pull some strings there.

Thank you for the reminder, but I already changed our address with USCIS. In the process they give you the option to change your address for your pending cases also.

I just returned from Mexico yesterday with my 551 Stamp, NOA papers and my expired green card. I entered into the country in Dallas and was immediately sent into immigration. The immigration officer who first talked to me (prior to being sent to immigration offices) advised that all those entering the country without a valid greencard and only 551 stamps, NOA papers, etc will be sent to immigration...the reason for this is that they are finding that 551 stamps can and are in some cases fraudulent and therefore, additional checks and balances are required by INS into their systems to prove you are legit. I was detained by INS about 20 minutes while they checked out my status and my NOA information. If I were you, I would not leave the country until you have your NOA papers.

This is a *wayyyy* drastic solution to a simple problem.

My husband travels very often (every month) out of the country for work. He has an I-551 stamp in his passport. Yes, he is sent to Secondary Inspections (not detained) or the "Bad Boys Room" as he calls it. They run his stamp through the system and is done.

The only action on your part when you travel, is that you leave plenty of time between your connections if you have one. He hasn't missed a flight yet, but has come close.

I should add that Mike travels with only his passport containing the I-551 stamp. He's never brought the NOA or any support paperwork. He has left and com e back into the country, at various POEs to various countries, about 10 times since we applied to lift the conditions.

Travel as usual, just expect to go to Secondary Inspections for visa verification. Leave plenty of time for connections. Just think of it as a break between flights and grab a beer or something to eat for that extra time you might have left.

Check with RI DMV website

I did and couldn't find *any* mention of USCIS or visas or immigration. Except on their forms of ID to bring.

http://www.dmv.ri.gov/licenses/id_reqs.php#residency

She was under the impression that he couldn't drive on a Conditional Green Card even and that Massachusetts was wrong in giving him one in the first place!

I don't know anything about RI, but I can tell you that the above is definitely incorrect. The MA RMV site is very explicit about the requirements.

Yes, the RMV in RI is extremely ignorant. We are going to go to the main branch in Pawtucket (now I have to take time of work ) with all of our paperwork. The application to lift conditions, the NOA, the passport with the stamp in it, etc.

It was the Congressman's staff who said that Mike shouldn't even have been able to get a DL with his Conditional Green Card. Idiots.

I don't have much hope for the main branch in Pawtucket, but I'm prepared to take names and open a can of whoopass. Basically what that means is take names of ignorant staff and use my DC connections (I have a cousin who works for the FBI who is originally from RI. He has many, many connections and is in the process of finding the perfect one) and get things done.

This is outrageous. Mike is a LPR with all of the rights. Apparently RI thinks they know better than the Federal government who let him work and travel internationally on his I-551.

My husband went to the Rhode Island DMV in order to change his licence from a MA licence after our move.

They denied him a driver's licence on the basis that he doesn't have a valid visa. He does. He showed them the stamp in the passport to which she said wasn't a visa. She saw his original stamp from when he entered the country CR-1 and said it was expired. Idiot. He spoke to a supervisor who told him that he wasn't able to get a driver's licence and when he asked what he was supposed to do in 20 days when, by RI law, you should transfer over your information, her repsonse was, "Don't drive. It was your choice to move to this country."

I called Congressman Kennedy's office to see what I could do. Guess what? She was under the impression that he couldn't drive on a Conditional Green Card even and that Massachusetts was wrong in giving him one in the first place! At least she did say that she would look into what the law is and get back to me today.

Where can I turn to?

Melissa

I still don't think there is a reason to sweat this process. If they are still not satisfied with our evidence, we'll go in for an interview. We are a legit couple. Call me naive, but I think this is enough.

I think you have exactly the right attitude. Funnily enough we opened a joint bank account just to add to our evidence list.

Good luck, not that I have any doubt that you need it!

I keep reminding myself that it's up to USCIS to prove that we're not legit. Since, well, we *are* I am confident whatever I give them will be enough. If it's not, so we go for an interview...

My attitude is so different from when we started this process. I was absolutely freaking out that it was taking so long. I was a mess. Now that he can be in the country, work and travel it's no big deal!

We are moving to Newport. Perfect timing for the summer B) We're going to be closer to the yachting, which is what my husband does for a living, and my work is going to just transfer me to a branch down there. It's a WIN-WIN. Where are you located?

Hi,

I filled mine in january...but I have seen people who filled in November? and haven't got any

answer or RFE yet???

I'm trying to figure out how long it is taking...I checked the website, and nothing has changed...

hmmmmm any vermont fillers out there???

wondering if this is going to take more than 6 months...

I filed at the end of August, my receipt date was October and I was just contacted about an RFE.

You'll be waiting a while, but there is no reason to worry. You or your husband's status is fine.

I know there is another topic with the same problem, but I figured I'd start my own thread.

I also received an RFE since we didn't show sufficent joint financial responsibilities.

Like Loli, we didn't co-mingle our finances that much. We still have separate accounts for which I have access to transfer money as needed to pay bills. The cars are both in my name, which I plan on changing when we register them in RI when we move next month. The bills are in my name since I'm the one who takes care of such affairs since my husband travels so much.

It is *not* required that you co-mingle your finances as someone suggested. It's just the way that some married people do it whether they are going through this process or not.

I contacted our accountant who gave me the IRS phone number (I don't have it handy, but it's on their site). The IRS faxed me my TRANSCRIPT for my 2005 & 2004 taxes. We filed an extension for 2006.

I am planning on submitting with my RFE:

2004 & 2005 Tax Transcripts

2006 Tax Extension

Information from my bank showing my husband's SEP/IRA with me as the beneficiary.

Affidavits from people who have known us (this was also requested in the RFE as well as the financial information)

I still don't think there is a reason to sweat this process. If they are still not satisfied with our evidence, we'll go in for an interview. We are a legit couple. Call me naive, but I think this is enough.

Hi

I just realized that I have to file - my conditional green card anniversary is May 15th - asap. The issue is that husband, baby and I are part of a wedding party in Mexico on 26 May. I need my receipt from UsCIS so I can get back into the states. Anyone asked for expediated processing and received it under these conditions?

Thanks ever so much

As others said, file your application make an InfoPass appointment for ASAP and then bring the receipt of your filing (from the Post Office), copies of your application, your plane tickets , passport, current green card, and any other supporting documents you feel necessary with you.

This is what my husband did when he needed to leave for work WELL before we received the NOA. He's travelled on the stamp ever since.

Don't panic, you'll make your trip.

I don't think that's what I mean...If I am working in Canada...I'd have to live there, but with plans to return to the states in the fall. My wife (USC) would stay here while I was gone....I'm just not sure what to do about health insurance while I am in Canada.

Ahhh. If you lived in a border town you could commute to Canada. Or you could work in Canada during the week and come home on weekends...

This is the situation of my husband and I. My husband mainly works overseas, I stay in the US. He only works temporarily living in hotels so his residency is clearly US.

I would make sure that you're not out of the country for more than 6 months at a time if you plan on applying for a US passport otherwise your time in country count starts over (from my understanding). Other than that it sounds fine to me, but I'm no lawyer.

Does anyone know how working in another country affects residency status. I am a Canadian citizen and have an opportunity to work for a few months in Canada that I really don't want to pass up. I am a permanent US resident. Will this affect my status at all...and could I still apply for citizenship if I am out of the country?

If we're talking purely about income, no it doesn't matter. Most of my husbands income last year came from overseas sources while working overseas. He pays taxes in the US on that money. He's gone for a few months at a time at most while I stay here in the US therefore his residency is still in the US. I could go with him and it would still be ok since we've never established residency somewhere else.

Are you talking about living in Canada while working in Canada for an extended period of time without keeping an established residency here in the US? If so, I have no clue.

Some people aren't interested in US citizenship though. My husband is very much on the fence about it. He is eligible to apply now but so far has not applied... he's just not sure he wants to be a USC.

My husband is the same way. If he did become a citizen it would be for the benefits (not worrying about losing residency). He would consider himself a New Zealander holding a US passport. Much like when Kiwis have a family member in the UK and they obtain a UK Passport. He's a kiwi through and through.

The flipside is true too. If we lived in NZ, I would get a NZ passport, but never consider myself a NZer. I'd always be an American with a NZ passport. That's it.

The last two times my husband re-entered the country using the I-551 stamp in his passport, he has been sent to Secondary Inspections.

He called a few minutes ago to say it happened again upon re-entry at Dulles, but now he knows why.

The immigration officer in Secondary Inspections said that they have had a problem with forged I-551 stamps and to expect to be sent to SI every time he comes in the country. When his green card arrives, he will be fine... The officer told my husband (who travels internationally very frequently) to allow 2 hours at least in between his connecting flights because of this. Luckily, there was no crowd at SI today.

YMMV

Hi,

I got my bio-metric appointment for March 29th in Atlanta, GA office.

i thought i could get my one year extension stamp there.

But by research, i fould that these two offices are not same. In some local offices they can be sharing same office.

In Atlanta, GA they are located 15 miles a part.

And for one year extension stamp, you have to take appointmnet through InfoPass online...And you need the one year extension letter from INS.

Thanks.

You don't need the letter if you're travelling or need the stamp but your letter hasn't arrived yet and your greencard is expiring. Does that make sense??

What did your husband have to bring with him to show that he did file his I-751? Did he bring plane tickets? Did he bring a copy of the I-751, a cancelled check?

Thanks!

We brought his expiring green card and his passport along with the application copies and proof of delivery from the USPS. I don't remember them even asking to look at it. We told the USCIS person that he was travelling and needed the stamp and so she stamped it. The NOA came after he had been back and gone and back again! It took about 2 months for the NOA to arrive.

YMMV.

Melissa