Green Card Expiration

[rosco_qa 0]

Wife's GC Expires on 08-05-2012. We will send out I-751 within the 90 days window. However, I have come to know that it takes maximum 1 year to hear back from USCIS or getting new GC card. Is it mean that after 08-05-2012 (until she gets new GC) she will be become an illegal resident? We are planning to go to Europe during July 4th week. Will my wife be allowed to exit the country and return back using the current GC?

Thanks

[TBoneTX 46,167]

Very soon after USCIS receives the I-751 package, they will send your wife an extension letter, which is good for one year. The actual 10-year green card will almost always be approved much sooner than that. This letter is evidence of her preserved legal status (the validity of the expiring 2-year green card is officially extended for one year).

If you don't have the new green card by then, take the ORIGINAL extension letter with you on your travels. Make sure that your wife doesn't need a visa (she's still officially a Bangladeshi citizen, presumably) to visit each European country where you plan to go. Also, make sure that your airline(s) understand the validity of the extension letter. And, always carry a copy of your marriage certificate with you.

Edited to add: Interviews for ROC are rare, but they do happen. Be sure that your wife is in the country for her biometrics appointment, and that the interview (if any) will not be scheduled during the week of your travels.

Edited April 16, 2012 by TBoneTX

[Cino 5]

If she applies in May, as soon as the window opens which will be exactly May 07, 12. She will probably go for Bio sometime in June,

also she can go earlier too as long as she has the Bio App letter. If you guys return to US before 08/05/2012, she can go & come back with the soon-to-be-expired GC in other words without extension letter.

Since she will be CSC filer, it won't take too long anyway unlike VSC which takes forever. CSC takes about 4-6 months on the average to remove ROC if everything goes normal of course.

Another thing, keep it in your mind that each individual case might be different. Nothing is guaranteed when you are dealing with the USCIS.

[hellraiser 42]

Some great advices/suggestions that will help me in future as well. One of the best one is the last paragraph from "CINO". Oi keep preaching that to others all the time as well :-)

[Cino 5]

Some great advices/suggestions that will help me in future as well. One of the best one is the last paragraph from "CINO". Oi keep preaching that to others all the time as well :-)

Thanks a lot !... I'm here to help anytime.