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roytmini

Visiting Outside the US while still on 2 year (advance parole card)

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Question for those who has similar experience, your experience will help other to go through and really much appreciate the help....

My wife came as a K-1 (son K-2) Visa and they're both received their Green Card under 2 years Probationary Status.

My concern is we are planning to go home the her country of origin next Feb and the Green Card expire in April. I understand the 90 days grace period for the removal of the Conditions, my big question is would they be able to leave the country (US) and return without any difficulties and would it affects their status when they return? How do we get the VISA change in their Passport since their VISA is KI,K2?.

Thank You in advance.

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Filed: K-1 Visa Country: Vietnam
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Question for those who has similar experience, your experience will help other to go through and really much appreciate the help....

My wife came as a K-1 (son K-2) Visa and they're both received their Green Card under 2 years Probationary Status.

My concern is we are planning to go home the her country of origin next Feb and the Green Card expire in April. I understand the 90 days grace period for the removal of the Conditions, my big question is would they be able to leave the country (US) and return without any difficulties and would it affects their status when they return? How do we get the VISA change in their Passport since their VISA is KI,K2?.

Thank You in advance.

You misunderstand. The 90 days is not a "grace period" or it would extend beyond the expiration date on their green cards. The 90 days is window that extends backwards from the day their green cards expire. If you don't file an I-751 within that 90 day window then their green cards WILL expire on the expiration date printed on them. There is no "grace period".

As long as their green cards haven't expired then they can reenter the US. They don't need a visa if they have an unexpired green card.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Mexico
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Question for those who has similar experience, your experience will help other to go through and really much appreciate the help....

My wife came as a K-1 (son K-2) Visa and they're both received their Green Card under 2 years Probationary Status.

My concern is we are planning to go home the her country of origin next Feb and the Green Card expire in April. I understand the 90 days grace period for the removal of the Conditions, my big question is would they be able to leave the country (US) and return without any difficulties and would it affects their status when they return? How do we get the VISA change in their Passport since their VISA is KI,K2?.

Thank You in advance.

Whether or not they would have difficulties would depend on how long they will be staying. They need to return before their green cards expire. They are legal permanent residents and therefore only need the green card and passport to re-enter the US. No visa is required. However, you must file for removal of conditions before the card expires. The earliest you can file is 90 days before the expiration date. It is best not to wait too long into the 90 day window before it expires. The NOA receipt you will get for filing ROC will also act as a one year extension for the green cards while you are waiting to be approved for the 10 year cards.

You can use this calculator to subtract 90 days from the green card expiration dates to see where your 90 day window for filing begins. For example if it expires on April 15, 2013, then you could file for ROC starting on Jan. 15, 2013 : http://www.timeanddate.com/date/dateadd.html

ROC guide: http://www.visajourney.com/content/751guide

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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You misunderstand. The 90 days is not a "grace period" or it would extend beyond the expiration date on their green cards. The 90 days is window that extends backwards from the day their green cards expire. If you don't file an I-751 within that 90 day window then their green cards WILL expire on the expiration date printed on them. There is no "grace period".

As long as their green cards haven't expired then they can reenter the US. They don't need a visa if they have an unexpired green card.

Thank you for the clarification. My wife feel better that she can finally take a vacation home.

Aloha to every one.

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