Travel to Philippines While I-751 AOS In Process

[huhtaman 0]

Hello All:

My wife and 2 step Children entered the usa on an i-130 and received their 2 year greencards. I filed their AOS on form I-797 on 10/13/11 and they had their biometric appointments in December 2011. Our case is currently listed as pending.

We also have a natural son who is a US citizen and lots of joint property so our case is fairly strong.

Can my wife and step children travel to Philippines for 2 months ??? If so what documents do we need ???

I am thinking it is our expired greencards and the I-797C notices. However, the I-797C notices only list my wife (the kids were included in her I-751 application). We have stamped I-797 notices for my wife and the 2 kids showing that they had their biometrics taken on 12/20/2011.

Will the kids be ok to travel as well as my wife ???

Any guidance will be appreciated. Thank you.

Neil Huhta

We have the I-797C notice that states "Your conditional residence is extended for a period of 1 year. During the one-year extension you are authorized for work and travel." However, the notices (we received 6 of them) all have only my wife's name on them

[sjr09 155]

Hello All:

My wife and 2 step Children entered the usa on an i-130 and received their 2 year greencards. I filed their AOS on form I-797 on 10/13/11 and they had their biometric appointments in December 2011. Our case is currently listed as pending.

We also have a natural son who is a US citizen and lots of joint property so our case is fairly strong.

Can my wife and step children travel to Philippines for 2 months ??? If so what documents do we need ???

I am thinking it is our expired greencards and the I-797C notices. However, the I-797C notices only list my wife (the kids were included in her I-751 application). We have stamped I-797 notices for my wife and the 2 kids showing that they had their biometrics taken on 12/20/2011.

Will the kids be ok to travel as well as my wife ???

Any guidance will be appreciated. Thank you.

Neil Huhta

We have the I-797C notice that states "Your conditional residence is extended for a period of 1 year. During the one-year extension you are authorized for work and travel." However, the notices (we received 6 of them) all have only my wife's name on them

You have the I-751 receipt notice stating, “your conditional status is extended for one year. During one year you are authorized employment and travel” You need to carry the expired green card. The green card and the NOA letter together make up the necessary proof that you are legally entitled to work and to travel, and it is the date on the green card that is used to determine the 'year'.

[sjr09 155]

One more thing you can get, like I did for my wife is a temporary I-551 it's free and can be obtained from your local USCIS you can fill out the form include one passport photo. This worked well for us no need to carry around the other doc's

( we mailed ours in took only few days)

[sjr09 155]

[Cino 5]

Hello All:

My wife and 2 step Children entered the usa on an i-130 and received their 2 year greencards. I filed their AOS on form I-797 on 10/13/11 and they had their biometric appointments in December 2011. Our case is currently listed as pending.

We also have a natural son who is a US citizen and lots of joint property so our case is fairly strong.

Can my wife and step children travel to Philippines for 2 months ??? If so what documents do we need ???

I am thinking it is our expired greencards and the I-797C notices. However, the I-797C notices only list my wife (the kids were included in her I-751 application). We have stamped I-797 notices for my wife and the 2 kids showing that they had their biometrics taken on 12/20/2011.

Will the kids be ok to travel as well as my wife ???

Any guidance will be appreciated. Thank you.

Neil Huhta

We have the I-797C notice that states "Your conditional residence is extended for a period of 1 year. During the one-year extension you are authorized for work and travel." However, the notices (we received 6 of them) all have only my wife's name on them

According to your timeline, She & your 2 step-sons together are an October 2011 VSC filer & their Conditional GCs were already expired 10/18/2011. She has 1-year extension letter (NOA) until 10/18/2012. Obviously, USCIS has made a mistake & sent multiple I-797 (NOA) notices to your wife only. They were supposed to send one NOA to your each son also & as second mistake they have sent NOA's twice.

At this point, If I were you I would make an INFOPASS & get I-551 stamps on my two sons' passport. You can travel abroad with the expired GC & NOA or/and I-551 on passport in hand. No problem, no issues..... but just in case while you guys are abroad you had better appoint someone check your mail regularly if you ever get RFE or appintment letter for possible interview.

Since you are an October-2011 VSC filer, according to VSC processing speed it will take about 9 months which means you might hear something about your case sometime in July 2012. Everything also depends when you guys are going. Good luck !.... please keep us posted.