I-751 delayed processing; GC expired while out of country

[honeychka910 1]

Hi everyone:

I am writing on behalf of my ex-husband. He received his conditional green card in April 2012. Filed the I-751 in January 2014 - in February 2014, I filed divorce, and it was granted in August (amicable split, mostly, but it just wasn't working out). While he was waiting for the I-751 to be approved (he re-submitted his biometrics), he left the country and went to his home in Central Asia - and didn't come back. It's now been over a year, and his I-751 is STILL processing. I called the USCIS yesterday, with him, and it was confirmed that the application is still processing. His conditional GC has since expired, and he cannot return to the country.

Despite the divorce, I'd still like to help him return, but I'm not sure what I can really do. The USCIS doesn't yet know we are divorced, but I understand since we are there is only so much I can do to act on his behalf. Is there a form that needs to be filed that can extend his green card, as we wait for the I-751 to process, that will enable him to return? He'll have enough issues explaining why he left for a year, I know that, but for now if it's possible to at least extend his status so he can at least re-enter the US legally ... any suggestions would be much appreciated, and thanks for reading!

[Cheezees 1,514]

I am no expert but I don't think there is any "extending" of his status. I believe his ROC petition would be considered abandoned. One way to refile is by going through the AOS process again - but with your divorce, that would not be possible.

It's not unheard of to have extra long processing times and even with an expired green card, his NOA letter would have extended his status for another year. Where is his extension letter? That could have been used to re-enter the country. But a whole year has passed so...I don't know.

[Boiler 46,198]

SB1?

Why has he been gone so long?

[honeychka910 1]

@Boiler - His father fell ill ... he still is ill, actually, but at this point there is nothing he can do to support him as he's been unemployed for so long.

@Cheezes ... Thanks for your input, I'll ask about the extension letter. So, you think because a year has passed he won't be allowed re-entry should he fly back here?

Edited February 4, 2015 by honeychka910

[Boiler 46,198]

That could help, I think legal consultation would be in order.

[Ms Hogan 295]

If he filed I-751 in January of 2014 then that is when he would have received his extension letter. That would have extended it for a year and it has now been over a year. Are YOU living at the address he filed from? Because perhaps he had received RFE through the mail but was not there to receive it? If the notice is coming up on expiry for folks and they haven't yet received their new green card then I believe it is process to go for an info-pass appointment and have our passports stamped. But if he was not here obviously he could not do that. If I had to guess, I would say there was an RFE at some point and he wasn't around to respond to it? Does that sound like a possibility?

[Dave&Roza 748]

He uses the extension letter he received when the USCIS accepted his application and his expired GC to travel internationally and re-entrer the US. Now for the rub--has he been outside the US for more than a year? IS his extension letter also expired? If so, then there is not much he can do as he needed a re-entry permit before he left to be outside the US for morre than a year. He also has to show he has maintained his LPR status during the time he has been outside the US. If it has been less than a year, then he needs to return to the US ASAP.

Good luck,

Dave

[toribae1031 3]

I was same boat.

Here is my long story.

I didnt divorce but I had family issue ( i lost 2 family member all oF sudden and plus I miscarriaged my baby so I had depression and had hard time. )

So my family especially my sister couldnt stand anymore That I stopped eating sleeping living like a zombie. So I went back to my country. I didn't get my 1 year extension letter. I ddn't get noa1 too. Anyway my i-751 is still pending case now.....

So while I was in my country. My green card was expired and.. I didnt know what should I do.

And I asked to lawyer and searched it.

There are two option

If he out of united states he can file transportation letter or sb-1 to C.B.P

Transportation letter (if he stay out of united states below 1 year)

Sb-1 returning visa? Idk exactly

( this is the person who stayed out of U.S. over a year and if he gets this sb-1 it means he is going to live his life in U.S. it is more serious than transportation letter)

Anywau. I got transportation letter

However I contacted to uscis officer that I never received noa1 extension letter.

and they just sent us 1 year extension NOTICE

FIRST TIME Dec 20th

I was trying to get into america with that letter but when I did check in. They said yiu prolly can go back.. but we need to confirm you from c.b.p. and when they call to the c.b.p. they said do not make her to get in to america because she doesn't have i-551 stamp or 512 (advanced parole)

so I couldn't ...... so I had to wait until I get interview for transportation letter and eventually I got interview but I had 2 times interview because I was out of united states very long time ( not over a year all the time) my husband is active military first time he went to deploy for 9 months so I couldnt do anything after he came back from deploy. we were planning to live together but I had to deal with my college stuff so I came back to my country.. then... one day my husband called me and told me that someone broke our house door and stolen all stuff especially military gear?? Stuff so we had to cover it.... idk why. So we were broke! He wanted me to make a money while I was in my country so I did... then eventually I got U.S. with some money may 13th 2014.... then.... we filed i-751 together june. Uscis received my documents June 9th

then.. I was pregnant around that time. I didnt know that I was pregnant first time. At the end of June I noticed that and yes. Pregnancy test said pregnant too!

However. my family member ( who is closed to me....) got car accident from the crazy taxi driver and he passed away. It was very shocked to me so while I was going back to my country for attending his funeral I was bleeding on the airplane.

I went to hospital to see whats going on . And they told me that well. We cannot see anything. So.... It was very hard time but I had to come back to U.S. for biometrics.

I came back here again. then I had depression so serious. My sister thought I was about to kill myself at that time. eventually I just left this country and stayed my country...

So officer suspected our marriage life was fraud I explained everything so I eventually got a letter and now im here!

I will give u advice. If you want to apply transportation letter or sb-1.

You should send him all documents.

it is almost same documents that you've sent to uscis for filing i-751

Tax returns for 2 or 3 years

Supporting any documents that provides current address ( in the United states address.)

If you guys divorced but he still had records such as car insurance payments anuthing mail came to home.

And other stuff you can find very easily from his country c.b.p....

hope you will resolve that problem.... I went here and.. I cannot and I wont go out of this country anymore

Because uscis officer told me that ( before I signed my transportation letter )

"we contacted uscis which is located in United States... and we both decided that we will give you this letter. But if you go out of U.S. again. We will terminate your green card. Just make sure. Stay there and make good strong marriage life. "

And I said I wont go out of this country anymore... Im sick of paperworks... god...

anyway that was very horrible issued to me and 2014 was very horrible for me.

If you have any question of it please send me personal msg.....

Thank you and sorry that is very long

[toribae1031 3]

I dodn't say that but. His case is delaying right now because of divorce. Also if he out of country over a year.. it means.. It doesn't work anymore. So it is very complicated. He has to file green card alone but I cannot make sure i-751waiver or he should start to do it again... I dunno exactly. But I can tell. Even if he gets into america Eventually.... it will be very vwryyyy hard to get green card for him. If your marriage life was very strong and if you have strong evidence for proof marriage life. Then it is okay but still lots of obstacles.... so make him sure what he wants to do..... but I can tell. You or he should talk about it with lawyer.... maybe he needs to hire lawyer :/

Since you guys divorced. you can only help him sending documents whatever he needs... thts all.

Im sorry about that.

[katiana_ramirez 1]

honeychka

it's so niceof you to help him , just i have an idea that he contacts the american embassy in asia and explain his situation maybe theu help him

i had litte bit same situation and when i went there they gave visa for 15 days i didn't have enough time and i came back to US

toribae

so sorry about what happened to you, and thank you for sharing your story

now you still have your green card or you applied for new one

[toribae1031 3]

I am still pending case of my i-751 and

I already responded my rfe. this monday the uscis received my file. (Usps told me)

so .... Feb 3rd I went to infopass to get i-551stamp. Yeah I got it and I went to 3rd biometrics ( we did rescheduled 3 times for vsc and csc biometrics it was a problem because we transferred from local to csc. And last biometrics I just took a pic again thats all no fingerprints)

My case sits on csc office I am currently waiting for hearing good news asap... uscis officer told me that wait 1 or 2 weeks more.... and I will.

[honeychka910 1]

@Ms Hogan and @Dave&Roza - Thanks for your advices. The address where he was receiving mail was not our shared residence, we had already separated when he left after he filed the I-751. It's possible he received the RFE paperwork at his old address, and wasn't there to receive it. I understand it wasn't entirely an intelligent move, but the news of his father was a shock and I don't think he was thinking correctly. That being said, I understand that isn't much of an excuse for the USCIS. I think he will try to go with the SB-1 route and visit the embassy to apply and interview. I'll write him an affidavit and provide proof that he paid his taxes, maintained his matriculation at university, and kept paying off some of his student loans and kept his accounts open. It's been just under a year that he's been gone, but he can't return with only his expired conditional GC, as I understand. Unless there is some other way ...

@Toribae1031 - so sorry for your past troubles. I am glad you worked everything out and hope it all is going well for you again.

[toribae1031 3]

If its under a year he can come back with transportation letter not sb-1 make him to apply it very fast. If they denied him to get into america. Then he should wait until 1 year over then apply sb-1. While he apply sb-1 he should figure out what he can do for greencard.. even if you are pending case you cannot leave country over a year

[katiana_ramirez 1]

I am still pending case of my i-751 and

I already responded my rfe. this monday the uscis received my file. (Usps told me)

so .... Feb 3rd I went to infopass to get i-551stamp. Yeah I got it and I went to 3rd biometrics ( we did rescheduled 3 times for vsc and csc biometrics it was a problem because we transferred from local to csc. And last biometrics I just took a pic again thats all no fingerprints)

My case sits on csc office I am currently waiting for hearing good news asap... uscis officer told me that wait 1 or 2 weeks more.... and I will.

we are on the same boat hhhhhh i think they told same thing to every one; wait for two weeks

[toribae1031 3]

Yeah me too when I contacted to uscis officer he said. We've received ur case on 4th of feb so now its waiting game I dont think I can get it until 14th Valentine's day... but I hope so lol.