can I travel with NOA 1 (without biometrics done?)

[khattak 1]

My wife has conditional GC which is expiring on Jan 5th, 09.

She has applied for I-751 last month and has received NOA -1 some 3 weeks ago for one year extension.

She has not received her biometric appointment so far.

We are planning to go to Pakistan on fmily reunion in first week of December and she will be staying there for 3-4 months.

Questions:

1- What will happen when she comes back at airport.( will they give her hard time or take any action?)

2- What can be and should be done before she leaves USA?

3- can we request her biometrics before she leaves?

4- Can we delay her biometrics now as we know that she will not be here?

5- Is there anything we need to know?

Please share your thoughts ASAP as we are planning to buy tickets

Appreciate your help

Edited November 7, 2008 by khattak

[Old Dominion 26]

My wife has conditional GC which is expiring on Jan 5th, 09.

She has applied for I-751 last month and has received NOA -1 some 3 weeks ago for one year extension.

She has not received her biometric appointment so far.

We are planning to go to Pakistan on fmily reunion in first week of December and she will be staying there for 3-4 months.

Questions:

1- What will happen when she comes back at airport.( will they give her hard time or take any action?)

2- What can be and should be done before she leaves USA?

3- can we request her biometrics before she leaves?

4- Can we delay her biometrics now as we know that she will not be here?

5- Is there anything we need to know?

Please share your thoughts ASAP as we are planning to buy tickets

Appreciate your help

The question is, will she be permitted to return to the U.S. without her new green card? I suggest she will not be able to enter, so the planned trip seems to me something that shouldn't take place until USCIS acts on the new green card.

[adrianiux 0]

My wife has conditional GC which is expiring on Jan 5th, 09.

She has applied for I-751 last month and has received NOA -1 some 3 weeks ago for one year extension.

She has not received her biometric appointment so far.

We are planning to go to Pakistan on fmily reunion in first week of December and she will be staying there for 3-4 months.

Questions:

1- What will happen when she comes back at airport.( will they give her hard time or take any action?)

2- What can be and should be done before she leaves USA?

3- can we request her biometrics before she leaves?

4- Can we delay her biometrics now as we know that she will not be here?

5- Is there anything we need to know?

Please share your thoughts ASAP as we are planning to buy tickets

Appreciate your help

I will recommend you both to stay until she is done with biometrics at least, 4 months it's a lot of time to be out while you are in the process. I don't know where did you apply but here in California Center things are going really fast. I got my greencard in 3 months! and my daughter's is in process. You can't have your biometrics without your ASC appointment.

Now it's up to you to delay it...but I suggest you to make this trip later. After she is approved, she can be in her country for 4 months anyway.

adrianiux

[payxibka 10,047]

My wife has conditional GC which is expiring on Jan 5th, 09.

She has applied for I-751 last month and has received NOA -1 some 3 weeks ago for one year extension.

She has not received her biometric appointment so far.

We are planning to go to Pakistan on fmily reunion in first week of December and she will be staying there for 3-4 months.

Questions:

1- What will happen when she comes back at airport.( will they give her hard time or take any action?)

2- What can be and should be done before she leaves USA?

3- can we request her biometrics before she leaves?

4- Can we delay her biometrics now as we know that she will not be here?

5- Is there anything we need to know?

Please share your thoughts ASAP as we are planning to buy tickets

Appreciate your help

The one year extention to the greencard is NOT dependant on biometrics having been finished... She will need the carry NOA acknowledging the filing of the I-751

Edited November 7, 2008 by payxibka

[khattak 1]

But the I-797, Notice o Action categorically mentions that" your conditional resident status is extended for a period of one year. During the one year extension you are authorized employment and travel"

I am a bit confused now by the two response

[payxibka 10,047]

But the I-797, Notice o Action categorically mentions that" your conditional resident status is extended for a period of one year. During the one year extension you are authorized employment and travel"

I am a bit confused now by the two response

The instructions as provided on your NOA.... This is the correct answer....

[khattak 1]

i called the USCIS and they told me that she can't leave without getting biometrics done otherwise her case will be abandoned. I don't think that that lady was fully informed as this looks in conflicts with the letter of notice we received before

[Andersen 1]

i called the USCIS and they told me that she can't leave without getting biometrics done otherwise her case will be abandoned. I don't think that that lady was fully informed as this looks in conflicts with the letter of notice we received before

I think what she was refering is that her case will be abandoned if she misses her biometrcis appoinment, but I recall in my biometrcis letter that if for some reason you can't make it to the specified date, you can reschedule. I don't know far from that date you can reschedule. Still I think she should do her biometrics first, before she leaves.

Another thing to keep in mind is that she's staying a long time outside of the US, I believe there's like a limit when you're only a resident, because when she applies for citizenship she has to put how many days she's been out of the US since she's been a resident. I think she needs some sort of permit if she's staying more that the maximum days.

This I copied from the USCIS website in Guide to Naturalization (Citizenship):http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12e596981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

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Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

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In other words, she can't stay outside the country for more that six month total in one year, so she's staying 4 months now, if she makes other trips outside of the US, make sure she doesn't go over the 6 month limit per year.