Chuckit272

Thank you up front for any input.   My wife has a I-131 pending for re entry permit as a LPR.  We got a biometrics appointment notice for 1/8.  Unfortunately our lawyer office was closed and it wasn't seen until 1/12 due to the holidays.  We called USCIS and set up to reschedule but they said new appointment will come in email in next 30 days.

Lawyer suggested to go to the local office and see if they would allow us to do a walk in.  We came in and was turned away due to not having an appointment. No walk ins are allowed according to security.   This was Indianapolis.

Questions

What's the wait timeframe for a new biometrics appointment?

Is there any centers that may be nearby that will do a walk in?

What would happen if we apply the N-400 and end up having to leave to Japan?  Could she do the interview and oath there?  We don't want to end up in a situation where we apply for N-400 and she has to wait around 12 months in USA and can't leave.   Or try to avoid a special trip home.

Hello,

I am a US citizen.  My wife is from Argentina and holds a 10 year green card.  Her and I have been married and lived in the USA since 2008.   She hasn't travelled outside the USA in 6 years since we had 2 kids.  The only time she would have travalled before was to visit Argentina for about 1 month per year.

I have received an offer to do a temperary assignment in Japan for 2.5 years.  I want to take her and the kids there with me during the assignment.  We have no intention of staying in Japan, We would return to USA.  My company would easily provide evidence in a letter if needed.

I read that with a GC and leaving the USA for long periods of time, specifically more than 1 year is grounds for abandoning her PR.  So I saw there is a form for I-131.   A few questions I have

1) If we apply for I-131 would we be able to go to Japan starting in Feb 2024?  Is that enough time to get approval?  Would this qualify for expedite?  I read on USCIS website I-131 are taking 17 months to process.

2) Is an I-131 required?  If my wife were to come home to USA for a month in the middle of the assignment would that satisfy her not abandoning her permanant resident status?   We wil do the I-131 anyway to express our intention of returning.  I think if she is gone so much during the next 2 years they will quesiton her without it.

3) Is there a danger in my wife doing this with me and having her GC revoked?

Has anyone ever done something similar to this and can share their experience?

She Departed today.  I looked up her i-94 online and it does not have her departure listed under her old passport.  Is her departure record updated when boarding pass is issued by airline or when arriving at overseas destination?

27 minutes ago, SusieQQQ said:

The Big Brother in the US system seems to do these things automatically. When I look up my i94 online using my passport number, it includes trips made on my old passport too. I’ve never specifically done anything to link them.

 

There is no departure officer, by the way. The airline person does the checks for travel documents and the TSA person does secure document checks for leaving. Passports don’t get stamped on exit.

Thanks Susie.  Sorry for snapping yesterday.    This whole thing has been a rubix cube.

Hey all one last question.  With her old passport in hand and her new passport letter from the consolate does she need to do anything with updating her i-94 with the new passport number?  My concern is to make sure her i-94 gets updated to leaving when she goes home so the i-94 doesn't show outstanding.  I'm assuming the departure officer can do that?

7 hours ago, SusieQQQ said:

Glad you found a solution. Though the specifics may differ, there is almost always a way for a consulate to get a citizen back home. Bet she never travels without checking her passport expiry date in future!

You know I was thinking.  She wouldn't have even used her passport going home anyway.  She would have been admitted with her Argentina Id.  I wonder why Delta and possibly tsa woudn't have let her on the flight.  Other than requirement or not knowing the situation.

10 hours ago, p-ana said:

I recently renewed an expired passport at a Brazilian consulate in the east coast. I could’ve gotten it the same day. I didn’t because I didn’t want to wait more than an hour and the system was having hiccups that particular day.

 

a Brazilian citizen can walk in at the consulate and ask to be seen. That happened on the day I was there. 

Fyi for others.  Chicago said 5 days and required her birth certificate. 

9 hours ago, SusieQQQ said:

Well then that solves OP’s problems perfectly and his MIL can leave before i94 expires.

We did this today in Chicago.  They would not issue a new one without her birth certificate which is in Argentina at her house.  Also they said it takes 5 days to issue one.  No exceptions.  They gave her a one way passport paper and check my response below for an update 

4 minutes ago, SusieQQQ said:

So that confirms that she was required to have the passport valid for the entire period of her stay.  What is the explanation you plan to submit for it not being valid? It’s not like she was incapacitated in an accident an unable to leave before expiry, or something like that. Especially considering her return ticket was booked for 2 months after her passport expired.

 

Anyway, you seem determined to apply so I’m not spending any more time going in circles with you. I want to emphasize that I was serious before (not sarcastic) when I asked you to come back and update us on the outcome, if we are giving incorrect advice as a general rule then we should know about it. My personal opinion is that is a certain denial so I would like indeed to find out if that doesn’t turn out to be the case.

Susie thanks for yourhelp. 

If she can't get a valid passport before the I 94 expiration date there isn't any other option.  Open for ideas. Mistakes made.  Trying to make the best. 

8 minutes ago, SusieQQQ said:

If she overstays by even one day her visa is automatically voided. We’ve seen this happen with people who’ve had flight delays due to weather.

 

USCIS asks for a detailed reason of why the extension is asked for, I’ve already given my opinion on that, if you believe it is a “small issue” then we agree to disagree on how they view it. (CBP does require that a passport is valid for the intended length of stay. Your MIL’s intended period of stay was beyond her passport expiry.) 

 

now i have just discovered another problem that you (your MIL) will face in filing an i539:

”Your passport must be valid for your entire requested period of stay in the United States.”

This is a catch-22 for you, seeing as it seems you can’t file for an extension on an expired passport anyway. Here is the guide https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

the sentence quoted above is on the first page 

(the top of p3, right hand column has the information about the visa being voided on overstay, but this is now moot as she can’t file with an expired passport)

 

 

https://www.uscis.gov/system/files_force/files/form/i-539instr.pdf?download=1

 Hoping this is true!

19 minutes ago, SusieQQQ said:

All passengers flying to the US have to enter APIS (advanced passenger information) before they fly. Either your MIL or you or your wife, depending who did this, must have filled this in. One of the things they ask for is passport expiry date.  That’s why I don’t understand why it seems to have been such a surprise.  (And it’s her own passport in her own language.)

 

By the way, adjudication of i539 is 3-5 months. You won’t find out until long after she’s gone if it was accepted or denied. 

 

And sorry to be blunt , but this community is being helpful to you by giving you solid advice and realistic scenarios. Good advice isn’t always what you want to hear.

Just to clarify her visa currently is still good for another like 6 years.  USCIS would refuse to do this extension  over a small issue like passport expired for 60 days and not issue an i94 extension for a month to resolve?  Seems like a harsh punishment. 

1 minute ago, SusieQQQ said:

 

Where do you see that? We see most of them refused without a valid reason. “I forgot to check passport expiry” likely doesn’t qualify. I see you are also now talking about a month extension when the week it will take for issuance would only go a couple days past her i94. Anyway, if you’re that confident it will be approved then that would be the obvious route.  Please come back and update the thread on the outcome, as this forum definitely has a belief that such requests are considered frivolous and likely to be denied so it will be useful information for us and future posters if it is approved.

 

(You are aware by the way the uscis suggests filing i539 at least 45 days before i94 expires?)

Wow ok.  Well we didn't know it was expired until today at the airport.  She doesn't speak English so going through customs and forms she just had a letter written from my wife and me on support. I don't know what all people fill out on internstional trips   Officer just rubber stamped her admission

And I thought if you ask for 2 weeks extension and it takes two days longer than that would be silly to ask for such a limited window.  This community was alot of help 10 years ago when my wife and I were getting married on k1 visa.  Sorry for asking for any advice. 

22 minutes ago, WeGuyGal said:

Airline is unlikely to issue a boarding pass with an expired passport.

 

Best to contact the embassy and seek an emergency passport or a short term travel document for a fee. Most embassies have contingencies for expedited passport issuance, this may qualify as an emergency. i539 carries significant risk. 

What's the risk of i539?  From what I see it's usually approved as long as you have valid visitor Visa and i94.  We would only be asking for maybe a month extension.

That's the issue is we are at Mercy of the Brazilian consulate.  Doubtful they will have a new one by Wednesday

My mother in law came to visit in December 2018 on B2 visitor Visa.  Her I94 date was June 5 2019.  Her flight to go home was scheduled to leave May 30.  Went to airport today for her to fly home and behold her passport expired in March 2019.  So no way she will be able to leave by June 5.  Consulate in Chicago will take at least a week to get a new passport.  Plus reschedule a new flight.  Do I need to file an I-539 to extend her I-94?  She obviously cannot leave the country and get a new i94.  Will USCIS likely approve a stay extension?  Will this impact her current visitor Visa in the future?  My concern is I read that although she is Brazilian and lives in Argentina if her visa is cancelled she will be required to travel to Brasil to apply for a new tourist visa.  Thanks all!