Traveling on expired I-551 with form I-797C

[Palmer 12]

So we have had the second interview at the USCIS in Jacksonville FL because her I-551 card expired in September 2016. We are traveling to Colombia in December and I called USCIS to ask them about the processing time. The rep told me that on the I-797C form that gives us directions for the interview, states on there that the interview process and the stamping of this interview form after the interview extends the I-551 card expiration date for 1 year.

I don't see anywhere on the I-797C form that extends her I-551 date by 1 year. I called USCIS because her new card is not here yet and we had the interview in mid-August.

The rep told me that to get back into the USA she still needs her expired I-551 card and to bring the I-797C form to show the immigration officer.

But again, I don't see anywhere on the form that states the extension of the I-551 card for a year. They are supposed to call me back per a set-up call back appointment so a second level officer can talk to me.

Any thoughts?

[Hypnos 6,576]

If you've filed an I-751 then the original NOA you received for that application states that it acts as a one year extension to the validity of the green card.

It would look similar to this: http://www.visajourney.com/gallery/albums/userpics/21749/I-751_NOA.JPG

Edited October 25, 2016 by Hypnos

[Palmer 12]

Ahhhh....the rep told me that this is stated on the I-797C form...not the 751. I have that 'somewhere'. Will look for that.

Thanks Hypnos!

Stand by...

[Hypnos 6,576]

It's on the I-797C receipt notice you receive from USCIS after filing the I-751.

[Palmer 12]

Got it. The 751 was filed in the first week of July 2016, had interview per the 797C notice mid-August. Looking for the 797C receipt notice with the 1 year extension info,,,

[Palmer 12]

Well...after talking to the USCIS rep they told me they have no record of sending me the receipt notice from the 797C with the 551 extension info. I thought I recveived one but that was propbaly me remembering the one from the fist interview, not the second. So we have to drive to Jacksonville to get the original 797C NOA stamped with something or other. Apparently, they can't send the late 797C receipt or send a copy of the 797C receipt.

Joy..10 hours of driving for a 1 second stamp,,,

[Hypnos 6,576]

That sucks.

I suspect they will give you an I-551 passport stamp, so be sure to bring your/your spouse's valid foreign passport with you.

[faithhill2 0]

hm thanks for sharing

Edited October 27, 2016 by faithhill2

[Palmer 12]

Thinking....I'm trying to get an appointment at the Jacksonville office but they have no openings for the next 14 days (max they give you to look) and neither do the other FL offices.

If we do not receive the 797C notice of receipt that extends her I-551 for one year, do not receive her new I-551 before we travel (longhsot anyway) to Colombia in December, and can't get an appointment in time....how would she or could she reenter the US?

Her Colombian passport is still valid, has FL driver's license, work authorization card (little value for reentry), SS# card, and marriage license.

My issue is that we get back into the states and she can't enter.

Can cancel the trip if needed.

Any thoughts?

[Hypnos 6,576]

Without a green card and original extension letter or an I-551 stamp then yes, she would likely be denied entry.

[Palmer 12]

Thanks Hypnos. That is what I was thinking. I can't believe the USCIS can't resend the 797C receipt notice when they told me they have no record of even sending it almost 3 months after the interview. You would think that they would correct an oversight on their part. Too much to ask for I guess...

[Palmer 12]

Just wondering out loud...is she considered illegal right now with the expired I-551 and no receipt saying that her 551 has been extended? All we really have is the 797C stamped from the interview saying the interview was completed. Again, she does have a FL driver's license, work authorization card, marriage cert.

Just curious.

[Harpa Timsah 13,258]

No she is not illegal. She couldn't get a I-551 stamp if she was. And I don't think you had an interview, but rather a "biometrics appointment."

Edited October 30, 2016 by Harpa Timsah

[Palmer 12]

Correct, biometrics.....thank you.

[Palmer 12]

Well well well...after numerous calls to the USCIS telling them that after 4 months we still have yet to receive the 797 stating that my wife's conditional resident status has been extended for 1 year (her I 551 expired in Sept 2016) we received the extension notice in Saturday's mail.

Not sure if they actually 'admitted' their oversight and sent it or it actually took 4 months to get the receipt after filing in July.

We were due to drive 10 total hours to the Jacksonville field office on Tuesday to get the Ad-it stamp to her passport but can cancel that.

We were on are way to Colombia for her brother's wedding and without this 797 receipt notice or the Ad-it stamp she would not be able to re-enter the US.

Now we are good to go and can cancel the Jax appointment....good stuff!