Travel in the 90 days prior to GC expiration

[Frinkiac 0]

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

[Dave&Roza 748]

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

Unlike a passport that needs to be valid for some period after entry, the GC can be used up to the day of expiry. Your problem will be more with the airlines and not the CBP. Up to you as to how you proceed. When you file the ROC, you will get a letter extending the GC for another year. Typically the bio appointment is about 30 days after they process the ROC application and issue the extension letter.

Do not wait until too close to the expiry date to file the ROC as it is the date they process it NOT the date they receive it that counts. Late filing can cause her LPR status to expire and all kinds of problems. IMHO, option #2 might be the best as the bio appointment SHOULD be before you both leave.

Good luck,

Dave

[Teddy B 17,252]

Hello,

My wife's GC expires at the end of March '14. We are going to be traveling back to visit her family; I will return early bu she will stay approx ~6 weeks and will be returning at the end of February. Is generally-accepted advice on returning to the U.S. with so "small" a window between GC expiration (about 30 days)?

I know that legally the card is still valid until the day it expires, but she is worried about being hassled at customs as she comes back in.

I have heard two schools of thought on this, so I have two plans:

1. Fill out the I-751 papers and have them ready to go ahead of time; mail them at the end of the month as we leave. When I get back, presumably there will be a NOA/extension letter which I can bring with me at the end of February when I go back to get her. We both re-enter the country together, presumably with no problems. Potential problem I see with this is: biometrics appointment might get scheduled while she is then out of the country. I also see a potential problem with "post-dating" the package, i.e. getting it all ready to go, but having it put in the mail after we've both left. That one may be a non-issue.

2. We do nothing and just file the I-751 immediately when she gets back from the trip at the end of February/early March. No hassle at immigration becasue the card is still valid.

What are people's general experiences? To be "safe" we would like to both re-enter at the same time, although I think it's perfectly legally sound for her to come back at any time before the expiration date. Any advice either way is greatly appreciated.

Why haven't you mailed the I-751 packet in yet? Her 90 day window already started.

[cathy2904 97]

If her green card expires at the end of March then her 90 day window has not yet opened. If you file as soon as it opens - sometime in early January I guess - you should have the extension letter in a week or two and the biometrics letter shortly after. If the bio appt. is too late you could always try an early walk-in. If not, you might have to reschedule but as long as she has the letter as well as the expired green card she can travel freely.

[Teddy B 17,252]

If her green card expires at the end of March then her 90 day window has not yet opened. If you file as soon as it opens - sometime in early January I guess - you should have the extension letter in a week or two and the biometrics letter shortly after. If the bio appt. is too late you could always try an early walk-in. If not, you might have to reschedule but as long as she has the letter as well as the expired green card she can travel freely.

My bad. I saw "March 14" and read it as March 14th. Depending on the expiry date, the poster can still file at the end of Dec. Either that or get everything together and have a family member or friend mail it while they're gone.

If it was me in this position I'd have to ask myself what's more important, renewing my gc, or a 6 week vacation? I might think of changing the vacation or making it shorter.

Edited December 18, 2013 by Teddy B

[Frinkiac 0]

The window did not open before we both left.

Is there any prohibition on her filling out the forms here and me mailing it when I get back? For example, is there any issue if her extension letter is dated during a time she was out of the country? We would probably have to reschedule the biometrics appointment.

herwise we will just wait to Feb to file when we are both back in the States.

Edited December 29, 2013 by Frinkiac

[Darnell 8,478]

back at post #1, I like and condone option #2.

[victorian221b 12]

Here is my experience regarding travelling with an almost expired card:

I filed in April 2013 and had my 1-year extension. I went on a week-and-a-half overseas vacation with my husband in the first week of July. My card was expiring in late July. I returned to the country before my July expiration date with about 2 weeks to spare. So I brought my 1-year extension just in case. When I left the country no one questioned my expiration date. When I returned and gave the officer my card and the 1-yr extension, he didn't even look at the 1-yr and gave it back to me. Neither did the officer in the country I left from. The only people that even asked for my 1-yr extension was the bank that was processing my mortgage here in the US LOL.

So it will be best to carry the 1-yr extension for just-in-case reasons even if she will be returning prior to the expiration date and that my experience has told you that the officers did not bother with the extension. But that is not to say others won't.

Good luck.