International travel after filing I-751 but before receiving I-797C

[spiritof1776 0]

I am about to file I-751 to remove the conditions on my CR-1 permanent resident status. So, the earliest my application might reach the Vermont Service Center is Tuesday 4/25. Just over four weeks later, on 5/27, my wife and I plan to travel abroad for a wedding, returning 6/11.

 

This should be fine, since a) as I understand it, the I-797C receipt extending my status for a year typically takes between two and four weeks to arrive, and b) the expiry date on my green card is 6/25 (which is two years after I first entered the United States as a permanent resident). However, there is a possibility I will not yet have received the I-797C before our planned date of travel, and there is some confusion about the expiry date of my status. I say this because although my actual green card (I-551) states 6/25, the letter I received from USCIS a few weeks ago states that their "records indicate that [ I ] entered the United States as a conditional permanent resident (CPR) on (6/02/2015)". This is incorrect — that is the issuance date of my visa, but not the date of entry into the U.S. Nonetheless, it's enough to make me concerned that I could have trouble re-entering on 6/11 if I don't have the I-797C with me by that point. (To make matters worse, we are in the midst of buying a house and may have moved before the I-797C has arrived…)

 

So, questions:

1. Is there anything I should do differently at the time of filing I-751? (For example, explain the circumstances in a cover letter, file a separate form of some kind simultaneously, etc.)
2. Is there anything I can do to get the seemingly erroneous USCIS records corrected?
3. In the hypothetical scenario where a CPR travels abroad after filing I-751 but without having possession of I-797C, and returns after the expiry date of the I-551, what happens? Does proof of having filed I-751 help, for example?

 

Edited April 23, 2017 by spiritof1776
Corrected formatting glitches

[Dashinka 24,519]

If I am not mistaken, the extension letter only takes effect when your 2 year GC expires which you said is June 25th.  If you are traveling and returning with a valid GC I don't think you should have any issues.  

 

As as to the differences in dates, I think the physical GC will take precedent, but maybe others have more experience.

 

Good Luck!

[Sukie 1,463]

Your green card expiration date is after you return to the US - you will be ok with your unexpired green card.  You will not need the I-797.  You might be "reminded" by the CBP officer that your card is expiring, and you can smile and say that you have sent in your I-751 packet.

 

I have heard other people have gotten the "wrong date" on their reminder letter.  I do not believe you need to worry about it.

 

If you ARE worried, and to make sure you will be OK, make an InfoPass appointment at your local ACS, take your "reminder letter" with the wrong date on it with you, and get the officer to verify that you are legal until the the expiration date on your green card.

 

Good luck - and have a nice overseas trip!

 

Sukie in NY

[spiritof1776 0]

Thanks for the reassurance and good wishes, Bill & Katya and Sukie! That certainly gives me more confidence all should be fine.

 

That being said, I do like the InfoPass idea — perhaps I'll try and make an appointment for shortly before my departure and then cancel it if and when the I-797C comes through.