Travelling after REAPPLYING for I-751

[Alexmat1 9]

This is my case. My 2 year GC expired in 2015 and I applied for the removal of conditions (I-751) in 2015 much before the expiry. However since I was going through a divorce, I couldnt get the divorce decree in time, and USCIS came back with RFE for the divorce decree. Since the divorce was pending in court, they send a GC termination letter in 2016. I finally got the divorce done in 2017. I was expecting a NTA letter during this time which never came.

I am going to reapply for the I-751 again (reason I delayed instead of applying in 2017 is because I couldnt afford an attorney and I was told I cannot apply again once an I-751 is denied the first time).

 

I have the following questions:

1) Does anyone have similar experience where they reapplied I-751 after the first time it was denied ? In such a case do I get an extension letter like the first time ? 

2)  Would USCIS ask for why I am reapplying I-751 almost 3 years after the GC was termination in the denial of my first I-751

3)  If I am send an extension letter, can I travel with that while awaiting the decision on my I-751. I have confidence on my proofs for getting the waiver as the denial of the first I-751 was for the lack of submitting a divorce decree on time (they didnt ask for any more proofs to prove the validity of the marriage).

 

I am more worried about points (1) and (2) above. 

Pls advise.

Thanks

[geowrian 22,337]

1. @mindthegap has plenty of knowledge here. Yes, you do get a new extension letter. However, it only extends validity period of the green card by 18 months. That makes it worthless to you now. You can file the I-751 and make an appointment at your local USCIS field office to get an I-551 stamp. This acts as a valid green card for 1 year.
2. Probably. But get the I-751 in the mail ASAP. Include a reason for filing late - generally they will accept it.
3. See #1.

[Ash.1101 1,756]

6 hours ago, geowrian said:

1. @mindthegap has plenty of knowledge here. Yes, you do get a new extension letter. However, it only extends validity period of the green card by 18 months. That makes it worthless to you now. You can file the I-751 and make an appointment at your local USCIS field office to get an I-551 stamp. This acts as a valid green card for 1 year.
2. Probably. But get the I-751 in the mail ASAP. Include a reason for filing late - generally they will accept it.
3. See #1.

#1 is very correct and something that a lot of people miss.

The NOA for the I-751 isn't like the NOA for the I-485. It doesn't give you approved presence in the states, it merely extends your green cards expiration date. So if your green card expired over 2 years ago, then the NOA is worthless and you have to get a stamp.

[Alexmat1 9]

I checked @mindthegap  but didnt find anything similar to mine. I tried to message him but didnt go through.

[geowrian 22,337]

19 minutes ago, Alexmat1 said:

I checked @mindthegap  but didnt find anything similar to mine. I tried to message him but didnt go through.

I'd suggest looking through this thread for the general overview of a late ROC filing / filing after a denied I-751:

 

The key points are:

1) File the new I-751 ASAP.

2) Get the I-551 stamp as evidence of LPR status since the extension letter will be useless in your circumstances.

[mindthegap 2,590]

 

Sorry, been off the grid since last week due to mental schedule.

 

 

On 6/29/2019 at 2:13 AM, geowrian said:

1. @mindthegap has plenty of knowledge here. Yes, you do get a new extension letter. However, it only extends validity period of the green card by 18 months. That makes it worthless to you now. You can file the I-751 and make an appointment at your local USCIS field office to get an I-551 stamp. This acts as a valid green card for 1 year.
2. Probably. But get the I-751 in the mail ASAP. Include a reason for filing late - generally they will accept it.
3. See #1.

Is correct, except for #2 - no reason is needed for late fiing if filing solo. You only need a valid reason for filing late if joint filing - as this is a divorce waiver, this is not applicable).

 

Also, for #1, your I-551 stamp will be annotated 'TC-1' which tells anyone at immigration that it has been denied/reopened. Nothing to worry about, you remain a LPR.

Edited July 1, 2019 by mindthegap