Travel

[Jen 0]

Hi all... I'm trying to figure out how to work my upcoming trip back home to Germany. I have a 2-year green card, which is going to expire 12/17/2006. I already filed for the removal of conditional status and received a NOA from the Nebraska Service Center stating "your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel," and so forth.

Now... I'm planning to take this trip from 11/14 to 11/27. I'll still be in the validity date range printed on my card, but the fact that it's about to expire worries me a little. Is that letter going to be proof my residency is extended until 12/17/2007, or is that info saved in some crazy database, or how does this work?

Also, I was married when I got here, was on a 90 day visitor waiver... we decided to file for AOS instead of K-3 while I'm in Germany, everything went well, got adjusted 12/17/2004. I remember reading that, if you file for AOS, the time spent between the 90 day waiver and the AOS is not classified as "illegal presence", but I wanted to clarify on that...

Thank you so much for any insight

[sparkofcreation 0]

Hi all... I'm trying to figure out how to work my upcoming trip back home to Germany. I have a 2-year green card, which is going to expire 12/17/2006. I already filed for the removal of conditional status and received a NOA from the Nebraska Service Center stating "your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel," and so forth.

Now... I'm planning to take this trip from 11/14 to 11/27. I'll still be in the validity date range printed on my card, but the fact that it's about to expire worries me a little. Is that letter going to be proof my residency is extended until 12/17/2007, or is that info saved in some crazy database, or how does this work?

Also, I was married when I got here, was on a 90 day visitor waiver... we decided to file for AOS instead of K-3 while I'm in Germany, everything went well, got adjusted 12/17/2004. I remember reading that, if you file for AOS, the time spent between the 90 day waiver and the AOS is not classified as "illegal presence", but I wanted to clarify on that...

Thank you so much for any insight

1. Your status is extended to 12/17/07. Even if it wasn't, you should still be able to travel in and out in November with a card that's set to expire in December.

2. (According to the immigration lawyer we consulted because we were in a similar situation) there is no illegal presence if your NOA-1 date for AOS is within the window of your legal presence. So like if you had entered June 1, 2004 and your 90 days would have ended September 29, then as long as your NOA-1 date was before September 29, you were never out of status and had no illegal presence because you were first in one legal status (VWP) then changed to another legal status (pending AOS) then a third (conditional PR).

3. But AFAIK, even if you had some time out of status, once you get the green card, that's reset--they can't deny you entry based on that time being out-of-status once you have the green card; it's only if you leave before you get the green card that they can do that. I don't know that part with absolute certainty, though, because we were never in that situation.

[meauxna 15]

What spark said.

[Jen 0]

1. Your status is extended to 12/17/07. Even if it wasn't, you should still be able to travel in and out in November with a card that's set to expire in December.

2. (According to the immigration lawyer we consulted because we were in a similar situation) there is no illegal presence if your NOA-1 date for AOS is within the window of your legal presence. So like if you had entered June 1, 2004 and your 90 days would have ended September 29, then as long as your NOA-1 date was before September 29, you were never out of status and had no illegal presence because you were first in one legal status (VWP) then changed to another legal status (pending AOS) then a third (conditional PR).

3. But AFAIK, even if you had some time out of status, once you get the green card, that's reset--they can't deny you entry based on that time being out-of-status once you have the green card; it's only if you leave before you get the green card that they can do that. I don't know that part with absolute certainty, though, because we were never in that situation.

Thank you so much! Did you ever hear anything about getting your passport stamped once you receive that NOA? Like, at your local office, or your POE?

Thanks again