I-751: Travelling again while case pending and soon approved...

[antda 13]

Hi Everyone,

I'm still waiting, waiting, waiting, waiting, waiting, waiting, waiting, waiting...(for the last 8 months) for my I-751/10yr green card to be approved....

My case was transferred from the VSC to the CSC on March 2nd, and I haven't heard from them again since March 6th, but I think I will get approved within the next few weeks or so, as most transfer cases get approved quickly after they are transferred.

Meanwhile, I have a trip back to Canada planned this month, sometime between April 10-20th...

So the question for me now is: "Will I get my new green card in time for the trip?"

Grant it, I have travelled before with the expired 2yr card and 1yr extension letter (which by the way, the ink is fading from and barely readable, is water logged since I accidently spilled water on it, and is very wrinkly and folded up in a million pieces in my wallet)., and haven't had too many problems travelling with it. However, I have encountered addtional confusion and/or questioning by the border officials when I come back home to the USA.

But what if this time around I'm "stopped at the border" for not having my new card, as in their system it shows that I already got it, but I haven't actually physically received it yet?

What if they pull me over for some other reason? What if....

Also, what if I get called for an interview and/or a rfe instead of being approved, while I'm away?

I can reschedule the trip, but....I cannot travel later on in this high risk pregnancy (lol..I was lucky that they even let me travel now), and I have non-refundable day event tickets during that week, and I have already made plans to meet family and friends there.

So I was thinking of the following:

a ) Stay for the entire time as planned and not worry about this (easier said than done for worrying). Meanwhile I "hold my mail" at the post office while I'm away, so that it doesn't get lost/misdirected.

b ) Go for the event for the day in Canada, leave right away and come back to the USA to wait for my card, and then go back to Canada again soon after I get my card.

c ) Hope that I get my 10yr green card in time, so that I dont have to worry about this.

d ) Don't go on the trip. Cancel all the plans. Stay home instead.

Which option would be the best for me? What should I do? Help!

Any thoughts, ideas, suggestions, etc. would be greatly appreciated. Thanks.

Ant (Still waiting for I-751, Still waiting for Baby...)

Edited April 2, 2009 by AntandD

[Kathryn41 3,205]

In order . . . c) a) and b ) (VBG).

Ideally all of this will be a moot consideration because you get notice of your approval and receive your 10 year card before you go.

Still, you haven't received your approval yet so the card hasn't been ordered. If you still haven't received approval by the time of your trip, go and enjoy yourself. Your letter is still valid. If the card is approved and issued while you are away, you can always explain on your return that the card had not been approved and issued before you left and you still haven't received the card - which you haven't even if it has been mailed - because you haven't be in the US to receive it. Your extension letter will still be valid until its expiry date. Once you get your new card you stop using the letter.

Trying to predict when cards get approved is a sure way to drive yourself crazy! You have the added consideration of your pregnancy right now so travel when you are able to. Go to your event and if you know the card has been or is about to be issued, then you can come back, get the card, and if you are still able to travel, do so. If the card hasn't been approved by the time you leave, then still go and enjoy yourself. If you want to or need to cut your trip off early, you can deal with it at the time. Regardless, you know after the baby comes you'll have the card and will be able to travel and show him/her off to friends and family back in Canada.

Hope this helps!

Edited April 2, 2009 by Kathryn41

[birdlover2008 2]

hi AntandD, it's sad that VSC/CSC has put you in this position because you are one of the nicest people in this forum. With that said, I think your choice boils down to whether your feel comfirtable traveling with the letter of extension or not. I'm saying this because if you are traveling for only about a week, that does not matter too too much as far as RFEs and Interviews go since they'll give like atleast 2 weeks before you can get back to them. My advise is to wish for the best and prepare for the worst. But of course, I wish you all the best and an approval. I'm hoping that you'll get your approval letter within the next week or so and enjoy your time in Canada without having to worry about your GC.

Good luck! !!

[shakysgirl 1]

I think you should hope that your card comes in the mail before you leave- put off leaving as long as you can. It "seems" to be running between 30- 40 days after transfer based on other people's timelines but then you have to wait for the card. Knowing you tend to worry and be anxious (by the sound of your posts) and that you are having a high risk pregnancy, I think if the card doesn't arrive you should cancel your trip. If you are anything like me, you won't enjoy the trip anyway because in the back of your mind you'll be worrying about it the whole time. I wish you lots of luck and support whatever your decision turns out to be!

[antda 13]

Hi Everyone,

Thank you very much for your helpful and quick replies. Sorry that I didn’t get back to you all earlier, as I have been thinking and making plans about all of this, as I still continue waiting for the I-751 to be approved and to hopefully receive my 10yr green card soon.

Kathryn41-I like your “logical” approach (lol..ok, I admit, I lack logic at times, so I need all the help I can get there) towards this situation, especially in typing out the choices in order of your preference. I hope this will all be a moot consideration, but to be honest with you, I doubt it there that I will receive my green card in time before I go travelling. I haven’t received my approval nor has my card been ordered yet. I agree, maybe I should just “go and enjoy myself” in Canada, and travel with the expired green card and extension letter, as like you said, “it’s still valid” and I have traveled before with it, and haven’t encountered too many problems traveling this way with these documents. Well, if I haven’t received anything yet before I go, but receive something while I’m away and not know about it, you’re right in saying that “I can always explain on my return that I haven’t received anything yet…..because I haven’t been in the US to receive it”. That is the truth, right, so I wouldn’t be lying there at all if I say that on my way back, right? And if they don’t believe me, they can follow me home to the USA and find my letter and card there…Lol…I’m “beyond crazy” when it comes to predicting the USCIS’ actions. In fact, I’ve come to the conclusion that “the USCIS is unpredictable and incompetent”. Yes, I would have to travel now when I’m able to travel, as I can’t travel later on in the pregnancy. In other words, “I either go now to Canada, or I don’t go at all”. Yes, I could also ‘cut the trip short’ too, in case I hear that my card has been ordered and will arrive when I’m away. I don’t like the thought of it sitting in the post office and/or mail box while I’m away, so if I can, I’ll come back and pick it up (or ask someone else to do such), and will deal with that accordingly if it ever reaches that point. Luckily, I’m only traveling 2-3 hours away over the border to Canada, so that shouldn’t be too much of a problem coming back early if this needs to be done. As for traveling after the Baby comes, I’ll have to see later on about that, as it won’t be easy traveling with a young Baby, and I will have to get additional travel documents for them as well, so I’ll probably wait until they are a little bit older to do such traveling. Lol…and yes, by that time I’ll have my 10yr green card, or better yet, I’ll have my US Citizenship Certificate and US Passport by then too.

Birdlover2008- Aww, thanks for your compliments there about be being nice. And likewise, people like you and other VJers are nice here too. Thanks everyone on VJ, for being so nice and helpful here on VJ! I agree, I don’t like it that the USCIS (VSC and CSC) has put me in this difficult position. I’m ok with traveling with the extension letter, as I’ve traveled before to Canada and back to the USA, without too many problems, for about 3 times or so in the last 8 months. But do I dare do it again for a 4^th time? This time around, the situation is a bit different, as my case has been transferred from the VSC to the CSC, and I’m expecting a possible approval soon. And with this being approved soon, my status could ‘change’ while I’m traveling, which might cause more problems on the trip. Do you know what I mean there? As you said, I’ll only be gone for about a week or so, so it should be ok there. But with the USCIS, who knows what will happen within a week with them? For example, what if I get an RFE or an Interview right away, and don’t have enough time to prepare for such when I’m still traveling and in the short time later when I get back? Or worse, what if I get denied (though I kind of doubt it) while I’m gone? I agree, “wish for the best, and prepare for the worse”, as that’s the approach that I have in life, and especially with immigration matters too. Likewise, I wish you the best in your approval too, and that I hope we both get our approvals and green cards soon too.

Shakysgirl-Chances are that my green card won’t come before I leave, so yes, I’m trying to put the trip off for as long as I can before I leave too. The only problem with that is that I can’t put it off too long, as I can’t travel too much later on in the pregnancy. So as I mentioned before, “I either go now to Canada, or I don’t go at all”. Yes, I’ve noticed the 30-40 days approval trends from the VSC to CSC transfer files, and hence, I thought that based on that, that I would get my green card (or at least some approval letter), before I go on my trip, which is about 40days or so after my initial transfer date on March 2^nd, and hence I made my travel plans in advance based on those estimates. I guess I was wrong in estimating that, as it sure is taking longer than originally expected from the USCIS. I agree, I’m the type that “tends to worry” (ok, so “worry” is an understatement here too), so in ways if I do go without knowing what exactly is happening to my case, it makes me not enjoy the trip as much as I would like to.

Regardless, I’ll have to make a decision about this soon, and thanks again, for yours and everyone else’s well-wishes and support for this travel decision for me.

Good luck everyone, on the rest of your immigration journeys too.

Ant (Still waiting for I-751, Still waiting for Baby…)

P.S. I’ll keep you all updated on this message thread as to which travel option I will finally decide on and whether or not I hear anything back from the USCIS or not. In the meantime, I’ll just keep on waiting….

And yes, by all means, if anyone else has any more ideas, suggestions, thoughts, etc. on my situation, feel free to post these here too. Thanks in advance for your help

[Italian_in_NYC 259]

Absolutely go with your expired GC and extension letter and enjoy your trip.

Don't let burocracy modify your lifestyle.

Even if you get approved while you're gone you could use your expired GC w/extension letter. They can check you out in their system.

People who have nothing to worry about too often worry too much about immigration issues.

Enjoy your life and enjoy your upcoming baby, who are definitely more important than a stupid piece of plastic, although useful, lol.

It just bugs me when I read people (not you) wanting to postpone vacations or trips because of immigration process. I already have 3 trips planned in 2009 and you bet I will postpone any interview if there's a conflict. I'd rather become a USC 6 months later than postponing my vacation.

[antda 13]

Hi Everyone,

Italian_in_NYC-I agree, as to "not let burocracy modify my lifestyle". Sad to say, it is too late for that, as this had modified mine (and everyone else's I'm sure) lifestyle, in so many ways (time-wise, financial-wise, travel-wise, etc.). Yes, I have used my expired green card with extension letter before for travel, so I have no problems doing that again. However, this time around, I don't know what they will see in their system, since my case has been transferred, and am awaiting approved (and possibly approved already?). So if what they see in their system something that is inconsistent with what I say and give to them paperwork-wise, and I end up in trouble because of it, well, let's just say that "it won't be a pretty sight at the border" if this happens. Believe me, I have other things to worry about besides immigration, but yes, I do admit that that immigration is one of my more bothersome worries, as this is a big decision for me, indeed (lol..Can I continue staying in the USA or not...yeah, that's got to be a big deal here). Meanwhile, I'm trying to enjoy life as best as possible, and am definitely looking forward to our upcoming baby, and yes, that is definitley more important than a stupid piece of plastic (which I will have to give up anyways). It's not the plastic that is useful here, to tell you the truth, as I couldn't care less if they give me the card or not. Rather, it is the "legal residency status approval" that's more important here. I agree, it bugs me too that people who want to travel have to postpone and/or make other arrangements because of the immigration process. But when one has to cross international borders and can be harassed because of it, due to the incompentcy of the USCIS, then yes, it makes travelling a lot more difficult there. Add to it that in my situation I have to consider my medical condition while travelling, you can see why making alternative arrangements may have to come into play. Also, when the time for citizenship comes for me, I can't delay that much further either, for other reasons, more so financially. Either way, I think it's good that you are travelling, despite possibly having future conflicts with the USCIS. Don't let the USCIS ruin your travel plans, and I hope you have a fun time on your vacation away too.

Regardless, I'll have to make a decision about this soon, and thanks again, for yours and everyone else's well-wishes and support for this travel decision for me.

Good luck everyone, on the rest of your immigration journeys too.

Ant (Still waiting for I-751, Still waiting for Baby...)

Absolutely go with your expired GC and extension letter and enjoy your trip.

Don't let burocracy modify your lifestyle.

Even if you get approved while you're gone you could use your expired GC w/extension letter. They can check you out in their system.

People who have nothing to worry about too often worry too much about immigration issues.

Enjoy your life and enjoy your upcoming baby, who are definitely more important than a stupid piece of plastic, although useful, lol.

It just bugs me when I read people (not you) wanting to postpone vacations or trips because of immigration process. I already have 3 trips planned in 2009 and you bet I will postpone any interview if there's a conflict. I'd rather become a USC 6 months later than postponing my vacation.

Edited April 7, 2009 by AntandD

[shakysgirl 1]

After having the experience of spending months and months without one's spouse, while pregnant, going through the K-3 visa process, then again having the experience of being detained for an hour with your small children in a little holding room with no one willing to answer any questions or explaining why you aren't being allowed to smoothly re-enter the country with a legal and valid green card, putting a vacation on hold for a little bit til you get all the beaurocracy out of the way seems like more of a minor inconvenience in my opinion. If that "bugs" some people then don't do it. But some of us have had a much different experience. Italian in NYC just count yourself lucky you haven't had issues re-entering. Enjoy your 3 vacations this year- here's hoping you have a smooth entry all three times you re-enter the US.

[Italian_in_NYC 259]

Enjoy your 3 vacations this year- here's hoping you have a smooth entry all three times you re-enter the US.

The question is: why would I have any sort of problem re-entering when my status is perfectly legal and I have the right paperwork? I doubt a CBP agent won't know what the extension letter is.

The only minor problem I had was at Heathrow last month when the airline staff went over my passport, expired green card and extension letter for 5 minutes.

Why wouldn't they let you in with the correct paperwork?

I'm sorry, I can postpone my interview (hopefully no need for that) and it'll be fine. Why would I postpone a vacation with my family instead?

It's not you doing that that bugs me. It's them making you take these decisions that does bug me.

I don't know why they sent you to secondary inspection. It is their right to do so and there's nothing we can do about that. But that doesn't have anything to do with your I-751. They did that when your GC was still valid.

What should we do then? Stop traveling until we have a US passport? Hell no! We shouldn't let them do that.

Edited April 7, 2009 by Italian_in_NYC

[Italian_in_NYC 259]

I'm not considering myself lucky because I had no problem re-entering 4 times the US with the extension letter. I consider myself the norm.

People sent to secondary inspection are not the norm. True, it could happen to anybody and maybe next time it will happen to me, but again, what should we do then? Stop traveling?

[Alex 0]

My wife just got home yesterday after three months in the Philippines. We have been waiting for eight months for her 10 yr grn card. She had the one year extension letter and she got in just fine.

Don't live in fear of the system, they know your case is pending.

[Italian_in_NYC 259]

Don't live in fear of the system

Amen to that!

[antda 13]

Hi Everyone,

Thanks for your replies regarding my situation.

After much thought, I decided on the following:

d ) Don't go on the trip. Cancel all the plans. Stay home instead. (for April 10-20th as planned before)

However, I have also decided on the following options:

e ) The people from Canada visit me in the USA first (sometime in April, which they were ok with)

f) I go to Canada shortly afterwards. Hopefully I have my new green card by then (sometime in May)

Sigh, Thanks a lot USCIS for making me re-schedule my original travel plans!!!....

On the other hand, maybe it worked out for the best this way after all..(will explain more later)....

Sure, I could have gone as scheduled, but (as another VJer also said too, and is oh-so-true for me): "Knowing you tend to worry and be anxious by the sound of your posts and that you are having a high risk pregnancy, I think if the card doesn't arrive you should cancel your trip. If you are anything like me, you won't enjoy the trip anyway because in the back of your mind you'll be worrying about it the whole time...."

Anyways, I'll get to Canada, one way or other before I'm unable to travel anymore later on in the pregnancy.

Oh Canada, my home and native land, back home to visit I go in May....

Ant (Still waiting for I-751, Still waiting for Baby....)

Edited April 14, 2009 by AntandD