conditional green card expires june 2021

[Tango2017 5]

our conditional green card expires june 2021. we will be filing for removal of conditions on march 2021. after we file in march it is not recommended to travel ? 

[mindthegap 2,611]

Traveling is fine, as long as you don’t find yourself

a) outside of the US after your card has expired but without the receipt/extension letter 

or

b) miss the biometrics appointment 

 

 

[da95826 387]

After your i751 package is filed and accepted (filed WITHIN 90 days before conditional green card expires not 3 months) you will receive a Notice of Action in the mail which is a receipt of your i751 application and also contains written extension of your conditional green card for 18 months past the expiration date of your CGC.

 

Your expired CGC together with the extension letter itself is your functional green card it is proof of your continued legal permanent resident status. You can travel, get a driver's license, proof for employment and so on. You continue to be able to do all the things a green card holder can do.

 

Note it can take up to 6 weeks to receive your receipt notice after you file but it usually takes couple of weeks or so. 

 

You will need to be able to respond to any requests USCIS may have, Bio appointment in person, request for more evidence, or in person interview in a timely manner. If you don't respond in time your case will likely be denied. There is a good chance you will not be required to respond to anything in person but recieve your 10 year GC 12 to 18 months after you file (if old biometric applied to case).

 

Just like any green card holder don't stay out of USA for more than 180 days at one time. Be sure to return to USA before your extension runs out.

 

If your i751 is still pending more than 18 months after CGC expires and your extension letter runs out you can obtain an i551 stamp in your passport to continue proof of your LPR status allowing you to continue to travel and do anything an LPR can do.

 

There is no issue using the extension letter with expired CGC or an i551 stamp in passport for travel while an i751 is pending.

Edited November 26, 2020 by da95826

[Tango2017 5]

the card expires on june 4th 2021.. what date do i have to file to not have any problems with removal.

[Locito 90]

USCIS has a calculator on their website: https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

 

I wanted to file as soon as our window opened mid-October, but it took me until November to actually send the package. Don't know if USCIS is catching up at all, but in November-December (2020) it took them 6 weeks to cash the check and send the extension letter.

[Tango2017 5]

thanks this helps allot.. its just the 751 form that needs to be filed?

[Locito 90]

VJ has a great guide that helps you gather supporting evidence for the package you will be sending to USCIS: 

 

[da95826 387]

You need to file the i751 (the green card holder is the petitioner and beneficiary, the USA spouse is just the spouse) 

You need to include the filing fee (i751) and biometric fee together

You need to provide proof of a bona fide marriage, that is evidence of joint cohabitation together, and commingling finances during the duration of the marriage from wedding to the date you file your i751.

Go to https://www.uscis.gov/i-751 and download the instructions, the i751 form, to see how much the fees are, to get the mailing address you ship the forms to.

 

Best evidence.

Joint tax returns for each year of the marriage (IRS tax transcripts from IRS web page are best) 

Joint bank account statements showing income coming in and money going out to pay joint expenses.

Copies of joint bills (energy, phone, internet, water,,,)

Joint lease, joint mortgage during marriage (if no lease letter from landlord that you and your spouse live together at your current and old homes)

State issued IDs or driver's licenses for spouse and petitioner with common address

W2 and 1099 issued during the marriage (common address, show income)

Birth records of children together

Photos together on vacation, at family events, holidays

Joint insurance (life, health, car)

Joint ownership of property (Car, home)

Proof of travel together as a couple during marriage

Joint investments (IRA, & 401k beneficiary) 

Wills, power of attorney

Even mail to each of you addressed at same home address

Affidavits from friends, family, that can attest that you and your spouse live together as a couple and attest to your marriage.

 

None of these pieces of evidence is required but providing as many as you can is needed, if you're short in one area of proof you need to provide more proof in other areas.

[Tango2017 5]

thanks do i file a separate 751 for stepdaughter ?