Exceeding the 1 year extension period: What will happen?

[Master Semaj 2]

So I am a July 2016 filer, and considering how backed up the Vermont center has been, I grow more concerned about my end date in September. In the event that my ROC application still hasn't been processed or if it is delayed by a RFE, what will happen to me and my progress thus far?

I already had an issue when renewing my drivers license,  the VA DMV only gave me until the end of my extension period before the license expires, obviously I need it to drive to my job and earn my living. Is there anything that can be done other than requesting an infopass appointment regarding my application? 

 

If anyone can shed some light on thus, that would be great. Thank you.

[aleful 1,905]

you make an infopass appointment to go to your local uscis office so they can stamp your passport for an another extension of 1 year

 

after that, if you have been married for 3 years and a GC holder for 3 years, you can file for citizenship to force a response of the i751

 

 

[Sukie 1,459]

6 hours ago, Master Semaj said:

So I am a July 2016 filer, and considering how backed up the Vermont center has been, I grow more concerned about my end date in September. In the event that my ROC application still hasn't been processed or if it is delayed by a RFE, what will happen to me and my progress thus far?

I already had an issue when renewing my drivers license,  the VA DMV only gave me until the end of my extension period before the license expires, obviously I need it to drive to my job and earn my living. Is there anything that can be done other than requesting an infopass appointment regarding my application? 

 

If anyone can shed some light on thus, that would be great. Thank you.

The way VSC is going, it will be at least July before you'd have a chance at getting your 10-year card.  I'm an April 2016 filer, and VSC is now working on early February 2016.  So with any luck, you'll have your Green card before your 2-year expires in September.

 

If it gets to August, and you still do not have your 10-year GC, you will need to make an InfoPass appointment and get your passport stamped with an I-551 stamp.  This will give you yet ANOTHER year of extension on your original GC.  However, it is my understanding that, at the time you get your I-551 stamp, they will take your 2-year card away from you - so COPY the front and back first!

 

You can then use the I-551 stamp to renew your Driver's License, but be prepared to have to explain to the DMV what the stamp means.  I also understand that your InfoPass office will be reluctant to stamp your passport until your expiration date is about a month away.  That's why I suggested August.

 

As another poster said, if you are still married, you may submit your N-400 paperwork for citizenship.  They cannot start your N-400 paperwork until they make up their mind about the I-751 paperwork - and they often just adjudicate them together.

 

Best of luck.

 

Sukie in NY

[QueenComley 295]

If you filed with Vermont your in for a long wait. Im a December 2015 filer and my case was approved this week. AS others have said, your extension letter expiring is not an issue, you simply make an InfoPass appointment and they will give you a stamp for a further year.

[NYC.RSA 25]

On 3/11/2017 at 6:18 AM, Sukie said:

The way VSC is going, it will be at least July before you'd have a chance at getting your 10-year card.  I'm an April 2016 filer, and VSC is now working on early February 2016.  So with any luck, you'll have your Green card before your 2-year expires in September.

 

If it gets to August, and you still do not have your 10-year GC, you will need to make an InfoPass appointment and get your passport stamped with an I-551 stamp.  This will give you yet ANOTHER year of extension on your original GC.  However, it is my understanding that, at the time you get your I-551 stamp, they will take your 2-year card away from you - so COPY the front and back first!

 

You can then use the I-551 stamp to renew your Driver's License, but be prepared to have to explain to the DMV what the stamp means.  I also understand that your InfoPass office will be reluctant to stamp your passport until your expiration date is about a month away.  That's why I suggested August.

 

As another poster said, if you are still married, you may submit your N-400 paperwork for citizenship.  They cannot start your N-400 paperwork until they make up their mind about the I-751 paperwork - and they often just adjudicate them together.

 

Best of luck.

 

Sukie in NY

Wow. Thanks for all the info.

 

Quick question, what happens if we dont get the i-551 stamp? We will be illegal in the country until the 10-year GC arrives?

[Sukie 1,459]

31 minutes ago, NYC.RSA said:

Wow. Thanks for all the info.

 

Quick question, what happens if we dont get the i-551 stamp? We will be illegal in the country until the 10-year GC arrives?

I do not know the legal answer to the question about status within the US during that period after the extension expires and the 10-year GC arrives.  What I DO know is that if the non-USC spouse leaves the United States during that time, they will not be able to return until they have the 10-year card in hand.

 

Most of us wouldn't risk it.

 

Sukie in NY

 

 

Edited March 13, 2017 by Sukie
Typo

[NYC.RSA 25]

8 minutes ago, Sukie said:

I do know know the legal answer to the question about status within the US during that period after the extension expires and the 10-year GC arrives.  What I DO know is that if the non-USC spouse leaves the United States during that time, they will not be able to return until they have the 10-year card in hand.

 

Most of us wouldn't risk it.

 

Sukie in NY

 

 

Thank you.

[nightingalejules 678]

5 hours ago, NYC.RSA said:

Wow. Thanks for all the info.

 

Quick question, what happens if we dont get the i-551 stamp? We will be illegal in the country until the 10-year GC arrives?

No, you're not out-of-status (or "illegal") in the country at any time during this process. That's what gives USCIS the freedom to put our applications at the bottom of the pile, and it's the reason why they're so far behind. If we were actually losing our permanent resident status as a result of these delays, there would be much more pressure on them to finish within the year on our extension letter.

If someone were to check you out on E-Verify, you would still show up as a Conditional Permanent Resident with Removal of Conditions pending - still legally in status. 

What we don't have, once our letter expires, and if we don't get a passport stamp, is PROOF of our legal status. Which we need to re-enter the US if we leave, or, in some states, to get a driving license, or other services. So we need to get the stamp.