traveling overseas while ROC in process (GC Expired, NOA extension valid)

[cchhat01 14]

Hello,

My wife and I are undergoing ROC (I am the USCitizen, she is the GC Holder). We filed ROC in Aug 2014. We are waiting adjudication on RoC and hopfully it will be complete by Feb 2015.

We are planning to a trip to Italy in May 2015. My wife needs a visa to travel to Italy. We are trying to get our bases covered. Just incase we don't hear from the USCIS on the RoC, what are our chances on getting an approval on her visa application on the basis of a NOA which extends her conditional residence by upto an additional year (until Oct 2015)?

Has anyone obtained an Italy Visa while their spouse is undergoing RoC ?

Any guidance will be appreciated.

Thanks,

Chigs

[Hypnos 6,578]

Obtaining the visa should have no impact on the RoC process, or vice versa.

[Dave&Roza 748]

Hello,

My wife and I are undergoing ROC (I am the USCitizen, she is the GC Holder). We filed ROC in Aug 2014. We are waiting adjudication on RoC and hopfully it will be complete by Feb 2015.

We are planning to a trip to Italy in May 2015. My wife needs a visa to travel to Italy. We are trying to get our bases covered. Just incase we don't hear from the USCIS on the RoC, what are our chances on getting an approval on her visa application on the basis of a NOA which extends her conditional residence by upto an additional year (until Oct 2015)?

Has anyone obtained an Italy Visa while their spouse is undergoing RoC ?

Any guidance will be appreciated.

Thanks,

Chigs

Her visa will be granted as any citizen of India wanting to visit the EU. You will need to apply for the visa at the country you will be visiting's Consulate here in the US. Most of them either require you to go in person or use a visa company that hand carries her passport and application to the Consulte. Both the Polish and German Consulates for us are in San Francisco, California, as I checked on those for my wife. Once she has a visa to one EU country, it is good for all memebrs of the EU. You can show a copy of her GC and the extension letter to show she is a LPR of the US to help her get the visa. Once she has the visa I would check the airlines to see if they understand the extension letter as it will be the airlines that give you the most trouble--they will either let her on the airplane or not. Given her situation, I would go in person with all documentation submited before hand and copies upon arrival at the Consulate.

Good luck,

Dave

Edited January 23, 2015 by Dave&Roza

[cchhat01 14]

Obtaining the visa should have no impact on the RoC process, or vice versa.

Lol. I think the question is the other way around. Will the Italy visa process be impacted by the RoC.

Please let me know if anyone has any input.

THanks,

Chigs

[Hypnos 6,578]

That's why I said vice versa. They are two different processes established by two different entities.

[cchhat01 14]

That's why I said vice versa. They are two different processes established by two different entities.

So, basically what you're saying is that applying for an Italy visa using her Indian Passport and the Expired Greencard with the RoC NOA (aka. Extension letter) should not pose any problem.

[Hypnos 6,578]

Yes.

Do you even need to tell them about / show them the expired green card? Just pose it as an Indian citizen applying for an Italian visa? I am not familiar with the process.

[cchhat01 14]

Her visa will be granted as any citizen of India wanting to visit the EU. You will need to apply for the visa at the country you will be visiting's Consulate here in the US. Most of them either require you to go in person or use a visa company that hand carries her passport and application to the Consulte. Both the Polish and German Consulates for us are in San Francisco, California, as I checked on those for my wife. Once she has a visa to one EU country, it is good for all memebrs of the EU. You can show a copy of her GC and the extension letter to show she is a LPR of the US to help her get the visa. Once she has the visa I would check the airlines to see if they understand the extension letter as it will be the airlines that give you the most trouble--they will either let her on the airplane or not. Given her situation, I would go in person with all documentation submited before hand and copies upon arrival at the Consulate.

Good luck,

Dave

I appreciate your response. I don't know how I missed it. Anyhow, we plan on applying for the VISA as soon possible. I thought that the fact that her GC is expired but the NOA from the RoC extends it. We know that, but it is difficult explaining and convincing the Italian Embassy. If this won't be that much of a hassle, then I think we should be in the clear.

Best thing would be to apply for the VISA with a 10Year GC. But we won't be wait around for that considering how the VSC is choking on all the applications. Hopefully, this will work out for the best.

Chigs