I-131A and "Almost" Expired Green Card

[choklit 1]

Good day, all.  My wife is currently in Thailand and her green card is due to expire on 29 June 18.  Her I-797 is dated 1 June 17.  I got in touch with the embassy in Bangkok, and even though there is a USCIS office there, they cannot issue the stamp. 

 

Upon reading their regs for the I-131A, I stumbled upon this:

 

If you have an expired 1) Permanent Resident Card (with a 10-year expiration date) or 2) Permanent Resident Card (with a two-year expiration date) and valid Form I-797, Notice of Action, indicating that status is extended, you may use these documents to return to the United States, and you do not need to file Form I-131A. 

 

And this is from the USCIS webpage:

 

If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you:

• Are an LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);
• Are an LPR who has an expired Green Card with a two-year expiration date and you also have Form I-797, Notice of Action, showing that you filed a Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (and you have been outside of the U.S. for less than a year). The Notice of Action extends the validity of the card for a specified length of time, generally one year.

 

I'm really hoping I don't have to pay for a ticket, just so she can get a stamp.  Does anybody have any data points on this?  Seems like they're backed up...Hang in there everybody! 

[mcdull 474]

How could this be possible that her green card is expiring this June and her extension letter was issued last year?

 

regardless, she needs either an unexpired green card, or expired green card plus extension letter, or an ADIT stamp to enter. 

 

[choklit 1]

My apologies for the mistype, @mcdull.  Her green card was issued in June 2015, expired in June 2017.  The extension letter is good for one year, correct?  If I read the wording from the site correctly, she just needs her card and her I-797, to reenter, IF her card doesn't come on time. 

 

I'm just trying to get the correct answer here.  I called USCIS yesterday and was told she is good to go with the letter, then I got in contact with Bangkok, and they say she won't be able to board the plane with expired documents. If I have to fly and go get her, it's no problem, but why fly if I we don't have to?  I might have to take a trip down to the CBP office for a definitive answer. 

[mcdull 474]

17 minutes ago, choklit said:

My apologies for the mistype, @mcdull.  Her green card was issued in June 2015, expired in June 2017.  The extension letter is good for one year, correct?  If I read the wording from the site correctly, she just needs her card and her I-797, to reenter, IF her card doesn't come on time. 

 

I'm just trying to get the correct answer here.  I called USCIS yesterday and was told she is good to go with the letter, then I got in contact with Bangkok, and they say she won't be able to board the plane with expired documents. If I have to fly and go get her, it's no problem, but why fly if I we don't have to?  I might have to take a trip down to the CBP office for a definitive answer. 

the letter extends her card's expiry to a year. if her card expired on June 28 2017, then she's good to come back before June 28 2018.

[choklit 1]

If her GC doesn't come by then, then she'll have to come back to get the stamp, correct? By the looks of it, that GC is coming no time soon.