Out of the country with expired Green Card

[CyberSamurai013 69]

My wife went to Russia with our 2 year old to visit and her Green Card expired while there. I am in the process of filing for her 10 year Green Card but am concerned that Moscow won't let her leave Russia and the U.S. won't let her in with the expired card. What are my options?

[kzielu 1,149]

Well, if her card expired and she/ you haven't filed for Removal of Conditions yet, her status has been terminated and she no longer is a permanent resident. You can try to file late and see what happens, but this will require her showing up for biometrics and since she will not be allowed to board without valid GC or other travel document, it won't work.

You may end up filing for IR-1 for her.

[JohnR! 5,495]

Hopefully someone else will have had first hand experience on this, but for the time being I'd urge that she call the US Consulate in Moscow and find out if anything can, or indeed needs to be done to get her back stateside.

My wife went to Russia with our 2 year old to visit and her Green Card expired while there. I am in the process of filing for her 10 year Green Card but am concerned that Moscow won't let her leave Russia and the U.S. won't let her in with the expired card. What are my options?

Edited September 4, 2014 by JohnR!

[Hypnos 6,576]

Her status is expired and she is no longer an LPR. You can re-petition her for a CR-1 visa, and this will take at least a year, and probably longer.

Edited September 4, 2014 by Hypnos

[theunknown 5]

If u filed for removal of conditions, you should receive the NOA1 which works for travel and work till she receive her green card. If u got this letter send it to her and should be fine to get in the US with this letter.

[Hypnos 6,576]

If u filed for removal of conditions, you should receive the NOA1 which works for travel and work till she receive her green card. If u got this letter send it to her and should be fine to get in the US with this letter.

When filing a late I-751 you need to include a written explanation of why the filing was not done on a timely basis. If no explanation is provided then USCIS will issue an RFE for one, and if the RFE is not sufficient (or there is no response) then the I-751 will be denied.

I'm unsure as to what the OP's spouse would come up with to explain the late filing; I doubt "I went on holiday and forgot" will cut it. Couple this with the fact that the OP's spouse must sign the I-751 with an original signature (meaning mail it to Russia, sign it, then return it to the US) and I don't think there is much chance of resurrecting the expired green card; they will likely need to start over from scratch, and she will be stuck in Russia for at least a year, and probably longer.

It's not clear whether the I-751 was filed before the green card expired in this case.

Edited September 5, 2014 by Hypnos

[DC85 113]

try to send the package asap with a letter explaining why you were late. If uscis accepted the filling then fedex her the orginal NOA and then she can come back, even though I see most of times uscis accepts late filing with an explaintion letter but don't take your sweet time.

[NancyNguyen 1,657]

OP is in process of sending i751, and there is no timeline for him to send in i751. So can't say anything until he sends it but chance is slim.

[Neonred 3,553]

So she has reconsidered the idea of getting a divorce and wants to return with the child she stole?

http://www.visajourney.com/forums/topic/495705-help-child-stolen-by-wife-in-russia/

Hope all is better now. Does sound like you will have some problem with the green card and may need to go with the CR-1. I would have her talk with the embassy first.

[NickD 202]

Another case of poor planning, with excessive I-751 processing delays with the USCIS, my wife had to get an I-551 stamp in her current valid foreign passport. She was free to travel and return with this, also with her expired conditional green card.

If your child was born her, is a US citizen by birth and has every right to return, and of course, should return with his mother. Consulate may have mercy in this respect and give her that I-551 stamp in her foreign passport. All you can do is try. Course, would be told to file for that I-751 ASAP.

What's in her favor if your child is a US citizen. Assuming you are not having marriage problems.

[sachin1 42]

in 1998 almost same thing happen with my mom. Her temp GC was send to immigration but never received permanent GC.

She had to go back India and so we went to Immigration office and they stamp on passport.

While coming back from india they didn't give her any trouble. She then stopped at london for a month.

From london to USA they won't let her in because she didn't had physical copy. I went to Immigration office and they said it is not our problem it is UK problem.

Finally someone at ticket counter got a sense next day and let her come but they send her to Washington DC.

Finally some immigration officer over there show what is going on and send her back to Texas.

But this was all before 9/11. now a days it will be hard. you can tell her to call US consulate down there and see what they says.

[AnotherLostSoul 167]

Do you still want your child back? If so, I think ROC procedure is not the way at this point. I think you should divorce, get a lawyer (if you haven't done so yet) and file for claiming your kid to be back, or at least have some sort of agreement of a joint custody so you could go visit the kid, or the kid (later on when it's older) can visit you, or the kid can live with you and visit his/her mom later on, or his/her mom can come and visit. Either way, I doubt your wife will hurry back to the US to live with you solely and bring your kid back. Indeed, she'll just get back to the US, and once having her ROC approved, she'll divorce, and that's the end of the story. Good luck with whatever you pusue!

[CyberSamurai013 69]

I received some legal paperwork from her but it is all in Russian so I'm not sure what it is. I don't know what to do at this point in all honesty.

[milimelo 4,469]

I received some legal paperwork from her but it is all in Russian so I'm not sure what it is. I don't know what to do at this point in all honesty.

Find a translator who speaks Russian to translate it all for you?

[CyberSamurai013 69]

That's the plan, lol