Is it safe to travel while amending petition on 551 stamp?

[UncleDom 0]

Hi guys! I created a thread here some time ago asking how to switch petition from joint to waiver while i 751 is pending and got a very helpful advices and currently filing for a divorce. By VJ estimates, i have about 4-5-6 months to go so i have not sent anything to USICS just yet as im decided to wait for a divorce decree first (pretty quick in my state) . Meanwhile 2 months ago i purchased tickets to my home couty to see my family and got 551 stamp for that purpose . Now, when i have a few days prior my depurture, i started to have a terrible anxiety because im in total limbo with my filing status. At the top of that, my soon to be ex spouse just posted something spiteful just to hurt me i guess. Now im extremely worry about my travel because of this complex situation im in now. Lawyer told me if ill wait for a final divorce decree and send amendment and decree all together then its better chance not to get RFE as they would already have all needed documents.  But

- Is it safe to travel considering these factors?

 

- What are the chances not to be allowed back even though we still technically married until the hearing which goint to happen after my return?

 

-If ill do face troubles getting back because my marriage on its final stages, yet we filled joint over a year ago, will i have a right still to be admitted and have a hearing with an immigration judge?

 

- Or its just me overthinking things? And my petition is just sitting tight at the shelf waiting for its turn and meanwhile its totally fine to travel on 551 stamp no matter the current odds?  In fact im trying to do a right thing and moving on with divorce so my petition gets adjudicated based on thruth.

 

Its been a VERY stressful past half a year when things got sour and now my anxiety is gettining a little out of control to the point im started to consider meds to help with it.  I really want to go to spend time with my family, but very concerned now and dont want to tourture myself and others by thinking about it.

Please share your thoughts?

 

[nightingalejules 678]

While technically you are never guaranteed admission to the US until you are a citizen, you are as "safe to travel" now as you were before. 

 

You are still a permanent resident until and unless USCIS denies your petition. Your situation isn't really all complicated (or uncommon - this happens all the time, especially with the lonnnnnng waits these days. 

 

Your petition is, as you say, "sitting tight on the shelf waiting for its turn," you have the I551 stamp which proves you are a permanent resident, and your plans are in place to adjust your petition when your divorce decree arrives (which, frankly, makes a lot of sense to me). 

 

Try not to stress out too much about travelling while this is underway. Thousands of people do it, and you'll (I say this with 90% certainty, because of what I said at the top of this post) be fine.

[mindthegap 2,605]

2 hours ago, UncleDom said:

- Is it safe to travel considering these factors?

Yes

2 hours ago, UncleDom said:

- What are the chances not to be allowed back even though we still technically married until the hearing which goint to happen after my return?

Won't affect it. You have a pending petition and valid stamp. If you are otherwise eligible (ie, no extended time out of the US /status deemed abandoned, no new criminal history since obtaining LPR status or while out of the US etc) then you will be admitted. 

 

2 hours ago, UncleDom said:

-If ill do face troubles getting back because my marriage on its final stages, yet we filled joint over a year ago, will i have a right still to be admitted and have a hearing with an immigration judge?

Yes. Someone presenting as a LPR has a right to a hearing with an immigration judge, and an immigration judge is the only person who can formally terminate your status.

 

2 hours ago, UncleDom said:

- Or its just me overthinking things? And my petition is just sitting tight at the shelf waiting for its turn and meanwhile its totally fine to travel on 551 stamp no matter the current odds?  In fact im trying to do a right thing and moving on with divorce so my petition gets adjudicated based on thruth.

 

The I-751 is a stressful experience by itself, as is an acrimonious divorce. Combine the two and it isn't great, so is perfectly natural to worry about it.

It is, as you say,  sitting on the shelf. Nothing you can do at this point will affect it, so just let it take its course, and get the decree in as soon as you have it.

Don't let it ruin your trip.

 

 

 

 

 

[Scazy 78]

When I flew back in with a stamp, CBP officer perfectly recognized it and in 2 minutes I was out. Good luck! 

Edited February 11, 2018 by Scazy