Wife traveled to the philippines with an expired green card help!

[happywifeymom 4]

Hello,

Little stressed out right now and need some answers. My wife and I have have been married for over three years and have lived together here in Minnesota for a little over two years. She wanted to go home and visit the her family. She left on July 5th for a three week trip and was planning on returning home today. Well Unfortunately neither one of us realized that her green card had expired. They would not allow her to get back on the plane for her return flight, and is now stuck in the Philippines. I told her to go the U.S embassy and see what they can do but I have no idea what is going to happen.

I would appreciate any info on how to get her back home as soon as possible.

Kent

I was stuck in Russia last year! same case! But I have an appoinment in Immigration so I had Biometric appoinment. I went to US embassy and asked for a visa. Then they gave me and luckly I got my 10 yrs green card now. Tell her to go in US embassy in Manila then explain what happen...

Your case was different. Though your green card was expired you had your proof of I-751 , the OP failed to remove her conditional status.

[ScottThuy 140]

I know its an echo, but INFOPASS NOW!!!!

[kentfin 0]

Well so far what has happened is she went to the embassy in Manila they are giving her some sort of Boarding Pass letter so she can come home. We still have to get though customs but she will get a ticket with a POE here in Minnesota.

[TayRivers 4]

Well so far what has happened is she went to the embassy in Manila they are giving her some sort of Boarding Pass letter so she can come home. We still have to get though customs but she will get a ticket with a POE here in Minnesota.

You are very very lucky.. As soon as she gets home get that Removal of conditions filed ASAP and dont forget the include a letter explaining why you are late filing.

Good Luck

[happywifeymom 4]

Well so far what has happened is she went to the embassy in Manila they are giving her some sort of Boarding Pass letter so she can come home. We still have to get though customs but she will get a ticket with a POE here in Minnesota.

That's good news and you are very lucky. Don;t forget to file her I-751.

[-mitch- 3]

good news!

[Dakine 26]

Well so far what has happened is she went to the embassy in Manila they are giving her some sort of Boarding Pass letter so she can come home. We still have to get though customs but she will get a ticket with a POE here in Minnesota.

Well you guys have one hump out of the way.

Get working on the I-751 as she is out of status since the date oo GC expiration.

Check the Guides here for the I-751.

http://www.visajourney.com/forums/index.ph...p;page=751guide

She still has a chance of having to go thru removal proceedings.

I'm surprised you guys haven't received any correspondence from USCIS.

How long has it been since her GC expired?

Main thing is to get the I-751 submitted ASAP.

Edited July 28, 2009 by Haole

[kentfin 0]

Well we got the ticket and will be picking up the letter on the 13th and flying out the 15th. For some reason it takes up to 10 business days to prepare, so there will be a 3 week delay in her return. Oh well it could of been a lot worse.

We still have to get though Immigration at the airport hopefully the boarding letter will help.

I will have her paperwork ready for her to sign and mail when she arrives.

[NutMagnet 2]

Well we got the ticket and will be picking up the letter on the 13th and flying out the 15th. For some reason it takes up to 10 business days to prepare, so there will be a 3 week delay in her return. Oh well it could of been a lot worse.

We still have to get though Immigration at the airport hopefully the boarding letter will help.

I will have her paperwork ready for her to sign and mail when she arrives.

Things will go OK, maybe a small delay at NAIA. You may want to call the airlines and let them know so that they can enter some notes on her reservation for the check in agent to see, something to back up her testimony.

The Embassy should provide her will everything necessary to get through the airports, and back to MSP.

When she arrives, you may wat to consider meeting her inside Lindbergh Terminal at the west end of the baggage claim area. By exit door 6 there is a set of sliding glass doors where she will be coming through after clearing US Customs. International Arrival Area.

Bring along your marriage certificate, your written notes about this ordeal, and other documents as you see fit, just in case she gets hung up coming back in. Have your cell phone with you and have her tell any officer that you are waiting downstairs.

Please let us know when she is home, save and sound.

NM

[meauxna 15]

Start right away on a new I-130. This time she will get an IR1 visa and you won't have to worry about lifting conditions later.

Start right away on a new I-130. This time she will get an IR1 visa and you won't have to worry about lifting conditions later.

From my limited knowlage I "think" this is your only recourse.

Right now, you failed to comply with this part of the law; hence your only option remains to file another I-130 for an IR-1 visa.

If her green card has expired and she did not remove her condition which i think she did not,, then you will be in big trouble for failure to remove her condition. Your only option is to ask the best immigration lawyer's help or file another petition for her (I-130).

I do hope there is a way she can come back here in the US. Keep us all posted.

I realize all these answers were likely made with the best intentions but it's bothersome to me that they are all incorrect and yet sound so *sure* about the *only* option. What sense does it make to tell someone in a second, without asking any more questions or getting more information, that his ONLY option is to have his wife reimmigrate and stay out of the US for a year?

There is a provision for late filing of I-751.

There is the option of filing I-751 from overseas.

There is the option of seeking advice from someone actually qualified to answer the question.

Again, I appreciate that people are trying to help but jeez, think about if it were you in that situation. Wouldn't YOU want more than a gut response answer?

Well so far what has happened is she went to the embassy in Manila they are giving her some sort of Boarding Pass letter so she can come home. We still have to get though customs but she will get a ticket with a POE here in Minnesota.

You are very very lucky.. As soon as she gets home get that Removal of conditions filed ASAP and dont forget the include a letter explaining why you are late filing.

Good Luck

And so, evidence that a bording letter *can* be provided and that there may be more options even than the few I detailed (in addition to the new I-130 which *is* an option, just maybe not the best one).

If I were kentfin, I'd take TayRivers advice even further and find out what sort of excuse is going to be acceptable for being late beyond their control for 4 months (and yes, I've seen several cases that were successful with late filings, even with the same underlying reason).

Good luck to you, kentfin.

[kentfin 0]

Well I guess she was only speaking with some sort clerk at the embassy that did not understand what was going on. They called her and asked if she she realized her visa was a two year conditional visa then told her basically that they could not longer issue the letter, and told her she needs to file the I-751 and if and when we get a letter of recite that they accepted the application she can use that to get the boarding letter.

I know now the application states we must apply for removal of condition. Somehow I missed that or got confused we made a mistake we did not know I filed that over three years ago. If you want to help and have useful information I would appreciate any help but I am upset enough you don't need to point out mistakes I know I already made.

Will be submitting the the application as soon as I get the information I need from her fedex.

Kent

[TayRivers 4]

Well I guess she was only speaking with some sort clerk at the embassy that did not understand what was going on. They called her and asked if she she realized her visa was a two year conditional visa then told her basically that they could not longer issue the letter, and told her she needs to file the I-751 and if and when we get a letter of recite that they accepted the application she can use that to get the boarding letter.

I know now the application states we must apply for removal of condition. Somehow I missed that or got confused we made a mistake we did not know I filed that over three years ago. If you want to help and have useful information I would appreciate any help but I am upset enough you don't need to point out mistakes I know I already made.

Will be submitting the the application as soon as I get the information I need from her fedex.

Kent

I am sorry this has turned out this way. Form what you have said it sounds like as soon as you get the NOA1 for the Removal of Conditions, extending her greencard by 12 months they will be able to issue her with the boarding letter.

I would get that filed as quickley as you can and make sure you include a very detailed letter as to why you are so late in filing. At least you are not having to start from the begining again.

[Dakine 26]

Well I guess she was only speaking with some sort clerk at the embassy that did not understand what was going on. They called her and asked if she she realized her visa was a two year conditional visa then told her basically that they could not longer issue the letter, and told her she needs to file the I-751 and if and when we get a letter of recite that they accepted the application she can use that to get the boarding letter.

I know now the application states we must apply for removal of condition. Somehow I missed that or got confused we made a mistake we did not know I filed that over three years ago. If you want to help and have useful information I would appreciate any help but I am upset enough you don't need to point out mistakes I know I already made.

Will be submitting the the application as soon as I get the information I need from her fedex.

Kent

I highly recommend contacting one of your representatives that has a immuigration specialist. My senator has one I've used with success a couple times.

[kentfin 0]

Just a short update,

We have had a couple delays due to some bad information and outdated paperwork paperwork from the Manila embassy. I originally sent it in the I-751 on the Aug 10th but it was returned to us because the I-751 the embassy gave her was from 2005, and the USCIS will only except rev. from 2008 or later. I resubmitted the petition on the 19th and the check was cashed on the 24th but am still waiting for a response from the service center. Hopefully we will know what will happen soon.

I hear there is a number on the check that you could use to check the status of the petition, but am not sure what number to use.

Kent

[Kathryn41 3,205]

Actually, the number that is on the back of your cheque when USCIS cashes it doesn't work for the ROC - it will work for all of the other applications but not the ROC. It is an internal number only used for USCIS number. You should receive the NOA very shortly and then you will be able to get the necessary documents for your wife's return.

One other bit of information - the number written on the back of the cheque will be the same number as on the NOA. She should receive a biometrics notice shortly afterwards and you will see that it has a totally different case number. That is the number you will be able to use to check your case status.

Good luck and I hope your wife will be back in the US very soon.