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Travelling abroad within 2 months of conditional GC expiring

By carsononian in Removing Conditions on Residency General Discussion

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carsononian Rookie

carsononian   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hello

My wife's conditional green card expires September 15th, 2018. We will be sending out I 751 ROC June 16th. We are planning a international trip to Brazil in July. My question is will this present a problem?

One other question we have is regarding her "official name". Her Brazilian passport has her maiden name on it (which we want to leave as is ) and her US documents has her married name. Does anyone know if this will present any problems at immigration in either country?

Thank you for your help.

nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Right now, there are extreme delays in processing I-751s, so you might not get her extension letter (when they get your application, they send the NOA (I-797) that extends her conditional green card for a year) before you leave (you probably will, but hope for the best and prepare for the worst, right?)

 

Are you returning to the US before September 15th? If so, then you'll be fine. If not, you run the risk of having her not be readmitted to the US, if she hasn't got her extension letter. If you have received the extension letter (even if you're planning on returning before Sept 15), keep the letter with the green card in case someone asks. Once the green card expires, she will need to have both the card and the letter (the card and letter together constitute a valid green card for another year).

 

As far as the name:

  1. Reserve the tickets under the name on her passport. (This is the ID she'll use to board the plane)
  2. When you return to the US, and are going through customs, she'll need passport + green card (or green card and letter) + marriage certificate (which attests to the name change)
  3. It happens all the time... it shouldn't cause a problem, as long as you have all those documents with you.

Have a great trip!

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

carsononian Rookie

carsononian   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted
9 hours ago, nightingalejules said:

Right now, there are extreme delays in processing I-751s, so you might not get her extension letter (when they get your application, they send the NOA (I-797) that extends her conditional green card for a year) before you leave (you probably will, but hope for the best and prepare for the worst, right?)

 

Are you returning to the US before September 15th? If so, then you'll be fine. If not, you run the risk of having her not be readmitted to the US, if she hasn't got her extension letter. If you have received the extension letter (even if you're planning on returning before Sept 15), keep the letter with the green card in case someone asks. Once the green card expires, she will need to have both the card and the letter (the card and letter together constitute a valid green card for another year).

 

As far as the name:

  1. Reserve the tickets under the name on her passport. (This is the ID she'll use to board the plane)
  2. When you return to the US, and are going through customs, she'll need passport + green card (or green card and letter) + marriage certificate (which attests to the name change)
  3. It happens all the time... it shouldn't cause a problem, as long as you have all those documents with you.

Have a great trip!

Thank you. Very helpful. We will definitely be returning before Sept. 15th.

 
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