ROC

[PostOakGuy 13]

My wife will be out of the country visiting family, and her conditional green card will expire while she’s out of US. I’ll file her ROC while she’s on vacation and I would like to know if she will have problems trying to get back into US. Can CBP look that info up and see that there’s a pending ROC?

[aleful 1,905]

hi

 

yes she will, she will need the letter of extension to be abroad

 

she will have to return before the card expires, she needs to show proof that she has a valid GC, and since she won't have the letter of extension, which extends her GC for 1 year, while waiting for the 10 year GC

 

she will need to be back in the US before the card expires

 

 

[Dashinka 24,505]

I agree with @aleful you are asking for travel problems if the card expires while she is abroad.  If possible, send in the ROC prior to her leaving so she can get the extension letter, or move the trip so that she is back before the card expires. 

 

Btw, you wife will have to sign the I751 before you can send it in, so it might be better if you submitted it before she left.

 

Good Luck!

Edited December 13, 2017 by Bill & Katya

[NikLR 13,227]

You can send it before she leaves as long as that is not more than 90 days before the card expires. 

It generally takes 1-2 months to get the extension letter. 

[WeGuyGal 1,052]

She wont be allowed to board her US-bound flight without the extn letter

[sddude89 31]

If her green card is expired and she does not have the extension letter she will be denied a boarding pass by the airline when trying to fly back to the US.

There is no way around that hurdle.

 

There is also the risk that the NOA extension letter is delayed and she won't be able to get back until you can mail her the letter.

 

She needs to sign the application I-751, so at least you should file BEFORE she leaves.

 

Make sure there is a reliable courier or postal service to wherever she is going to be. You don't want that Extension letter to be lost in the mail.

 

Personally, I would postpone the trip until the Extension letter arrives.

Edited December 13, 2017 by sddude89