Have expired green card and waiting for new card in mail. Can I leave the US and come back to US with a expired green card and interview letter?

[Tim413 0]

Hi all!!!!!!!

My wife's green card expired on October 31. Here interview was October 10 which after her interview her invitation letter was stamped. We are waiting for the green card. We plan to leave for LA on January 7. Right now it does not look like the green card will arrive before we leave on our trip.

Can we go through customs in Fort Lauderdale with a expired green card and the stamped interview letter? If so, where does the US website say this or how can we have prove that this is true? What should we do in this situation?

I have searched the internet to find an official US government answer, but I have not been able to find an answer.

I look forward to hearing your advice!!!!!!

Tim

[Dakine 26]

Hi all!!!!!!!

My wife's green card expired on October 31. Here interview was October 10 which after her interview her invitation letter was stamped. We are waiting for the green card. We plan to leave for LA on January 7. Right now it does not look like the green card will arrive before we leave on our trip.

Can we go through customs in Fort Lauderdale with a expired green card and the stamped interview letter? If so, where does the US website say this or how can we have prove that this is true? What should we do in this situation?

I have searched the internet to find an official US government answer, but I have not been able to find an answer.

I look forward to hearing your advice!!!!!!

Tim

Just to clarify! Did they stamp the extension letter [i-797] for removing conditions?

[YuAndDan 153]

Note this forum has to do with AP doc or EAD documents. Moving to removal of conditions forum.

Do you have an extension letter, or if you had an interview for removal of conditions, did you get an I-551 stamp?

The extension letter, or I-551 stamp allows for travel. If the extension letter is close to epiration, and you dont have an I-551 stamp, then do an Info-pass appointment for an I-551 stamp.

[YuAndDan 153]

Your timeline is lacking AOS and Removal of conditions. http://www.visajourney.com/timeline/profile.php?id=11308

Also your profile still says K-1, you are way past that point, how about updating profile with country, and current immigrations status like Removal of Conditions" http://www.visajourney.com/forums/index.ph...rCP&CODE=01

[Tim413 0]

Thanks for your response!!!!

Haole,

On the back of the I-797C is a stamp which says:

Biometrics Processing Stamp

ASC Site Code: __________

Biometrics QA Review by:

________ on __________

Tenprints QA Review by

________ on _________

This is the stamp on the back of the I-797C Notice of Action.

YuAndDan,

"Do you have an extension letter, or if you had an interview for removal of conditions, did you get an I-551 stamp?

The extension letter, or I-551 stamp allows for travel. If the extension letter is close to epiration, and you dont have an I-551 stamp, then do an Info-pass appointment for an I-551 stamp."

I do not have an extension letter or a I-551 stamp.

When I tried to get an appointment for an I-551 stamp through INFOPass, I could not get through to anything. This is the message I got on INFOPass "At this time, there are no information appointments available for the office in your area. Please try back again later." I also tried to get through on the phone, but I could not get anyone to answer.

Do you know a phone number I can use to get to someone who would know how to get an I-551 stamp?

Here is a thread that I saw here at Visa Jouney http://www.visajourney.com/forums/lofivers...php/t99153.html What do you think?

I look forward to hearing what you all think.

Tim

After this

[Nikita2Charles 32]

We didn't get the I551 extension after the removal of condition status, however we were told we would be getting the green card within 30-60 days from the interview, if we haven't received it and plan to travel before that. You can make an infopass appointment and go there, we did make an appointment and got the card in the mail 2 days before the appt time. So you have nothing to worry about, I would start by making the infopass NOW as it can takes a couple of days to get a slot, If you can't find a slot before your travel date, I would take the letter and go straight to the local office, but have to get there before they opened there's usually a long line so not sure if your local uscis center takes walk in.

[Kathryn41 3,205]

Just a clarification here . . . you are leaving for LA and want to know about going through customs in Ft. Lauderdale, FL? If LA means Los Angeles (or Louisiana), you don't go through customs for a domestic flight. While LA and Ft. Lauderdale are far apart they are still in the same country. You only need to have the immigration documents if you are going outside of the US and then will be returning from another country. Carry the expired green card and the NOA extension letter and the stamped interview letter together as proof of her status, if asked. There should be no need to show them, though on a domestic flight. If you are travelling outside of the US and don't have the NOA receipt, then go to the closest USCIS office and get the I-551 stamp in her passport. Bring proof of your travel arrangements with you. Don't leave the US without the green card or the expired greencard and the NOA/I-551 stamp.

A second clarification - the NOA you show is not an interview letter - it is the Biometrics letter. Are you sure she didn't have biometrics instead of an interview? She would have filed I-751 in Vermont but if her green card only expired in October she would not have had an interview already. Vermont is taking 11 months to process I-751s so the new green card won't arrive until next August or September. If this is the case, look for the first NOA you received - the receipt saying they received your application. That is the letter your wife needs to carry with her because it extends the validity of her green card for one year. Again, she should carry it at all times to prove her status but she doesn't have to show it on domestic travel flights, only when returning to the US from abroad.

If you would clarify when you applied for Removal of Conditions it would help us to give you the right advice.

Edited January 5, 2009 by Kathryn41

[Tim413 0]

Thanks Kathryn for the advice!!!!!!

Sorry, I have not really thought about visa stuff for two years.

We will fly out of Ft. Lauderdale to South America.

Yes, you are right about my wife's paper. It was the Biometrics letter which she got when she went for her biometrics.

My wife came her on a K-1 visa. After we got married, we filed for an adjustment of status and went for the biometrics in August 2006. Then in October 2006 the green card arrived in the mail. Last year we sent in the form to renew the green card in September and on October 10th my wife went for the biometrics. At her biometrics she got the letter I am talking about with the stamp on the back which does not look like the I-551 stamp. Now we are waiting for her new green card.

I do not know what the Removal of Conditions is.

Thanks for your help!!!!!!!

Tim

[Tim413 0]

Thanks Kathryn for the advice!!!!!!

Sorry, I have not really thought about visa stuff for two years.

We will fly out of Ft. Lauderdale to South America.

Yes, you are right about my wife's paper. It was the Biometrics letter which she got when she went for her biometrics.

My wife came her on a K-1 visa. After we got married, we filed for an adjustment of status and went for the biometrics in August 2006. Then in October 2006 the green card arrived in the mail. Last year we sent in the form to renew the green card in September and on October 10th my wife went for the biometrics. At her biometrics she got the letter I am talking about with the stamp on the back which does not sound like the I-551 stamp. Now we are waiting for her new green card.

I tried to use the Info-pass appointment system on the internet for an I-551 stamp appointment, but the website will not let me set up an appointment.

Does this mean my wife needs to go to the closest office without an appointment, and they will stamp her Biometrics letter or passport?

I do not know what the Removal of Conditions is.

Thanks for your help!!!!!!!

Tim

Edited January 5, 2009 by Tim413

[Kathryn41 3,205]

ok, when you sent off the form to renew her green card that was the removal of conditions - the I-751 application form. Since her first green card expired in October 2008, she should have received a 'receipt' - another 797C that says your application was received and her status is extended for one year. She needs to have that letter plus her expired green card if she wants to be allowed back into the US. Look for it. You should have received it before the Biometrics letter. If you never received one it is very important that you go to the USCIS office and get the I-551 stamp in her passport. Without either the stamp or the letter she may well have problems returning through the border. If you can't get an appointment tomorrow or the next day then go down and see if you can get a walk in - explain the immediacy of your situation and bring proof of your travel plans. The actual green card may not arrive until next August or September the way Vermont processes things. Good luck.

[Tim413 0]

Kathryn,

Thanks for the fast reply!!!!!!

Tim

[sib 7]

Hi Tim,

please check what you did end of last year!

You do not renew the conditional green card after 2 years, you have to apply for removal of condition. This is done with I-751.

You then get a receipt 797C that states that the conditional green card is extended for 1 year.

With that extension letter and the expired green card you are able to travel (and work!) for one additional year. You do not need a stamp in the passport, while the extension is still valid.

What application did you file to 'renew' the green card?

Sib

[Tim413 0]

Hi sib,

Thanks for responding!!!!!!

You are right. I filed the I-90. I messed up!!!!!!!!!!

Now my wife and I are sad!!!!!!!

Thanks all for you help here at Visa Journey!!!!!!!!!

Tim

[sib 7]

Hi Tim,

this really is a problem now, because you are out of the time frame to file for removal of condition. It needs to be filed before the green card expired. Your wife is out of status now.

You can file I-751 later and need to explain why you did not file on time.

Maybe you should get some advice from an immigration lawyer at that point.

Check the guides what you need to do to get the I-751 filed. You also need to submit paper work showing an ongoing marriage, so getting the papers together will take some time, too.

Is there a USCIS office close by? You might want to get an infopass appointment to speak with an immigration officer.

Wishing you luck!

Sib