Station Overseas Spouse Visiting US while Citizenship Processing

[Leyla_kingkan 0]

I'm in South Korea right now due to my husband's job, he's US Army Corps Engineer. I got conditional green card in May 2014 which expired in May 2016, We came to South Korea in February 2016 I filed N-400 in March 2016. I just got an email from USCIS in Guam on January 19th, 2017 (I chose to be interviewed and taking oath ceremony there) that I need to file form I 751 as well since my green card already expired. Anyway, something came up and my husband and I are going back to the US for 2 weeks during March 11th - 26th, 2017 and we already booked the flight since I didn't think that they would take forever to process my case. By the way, I have not filed I 751 yet but I will do soon, my question and concern are what if I'm not naturalized before March 11th, 2017, will I be able to enter USA using my expired green card and my husband's order? I have read from somewhere that I could enter USA even my green card expires if I have the order. However, I'm still concerned and have a feeling that I'll get in trouble at the custom when entering USA and I have another flight to catch that day.

Anybody have any ideas? Please help. Thank you!!

[Hypnos 6,576]

I believe that time spent overseas on US military service - or that of your spouse - is counted as being in the US for USCIS purposes, so you won't pass through any border controls when you re-enter. 

 

Your bigger issue is that since you failed to file for RoC then you're now out of status and deportable. I'm not sure USCIS will accept an I-751 this late without an amazing explanation for the lateness.

 

If your I-751 wasn't accepted by USCIS then you would likely be referred to immigration court at some point, where your deportation and termination of your LPR status would be sought. 

Edited January 21, 2017 by Hypnos

[Leyla_kingkan 0]

Thank you for your reply. I didn't realize I have to file form I-751 since I have filed form N-400 and the USICS told me that "your case is now properly filed, we will contact you once your interview appointment has been made blah blah blah". Well, 8 months later they just told me I must file form I-751, too. Anyway, hopefully I don't have to go through border control like you said, I'll bring every related documents I have with me and hope everything is going to be fine.