I'm torn between my husband and America

[Dashinka 24,707]

12 minutes ago, SusieQQQ said:

If all those expired, it won’t be a “challenge”, they definitely will not allow her to board. Carrier information guide is very clear about that. (It wasn’t clear to me if the stamp was expired or not.)

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf page 10

B. U.S. RESIDENTS — must provide one of the following:
• Permanent Resident Card, Form I-551
• Expired Conditional Resident Card, Form I-551 accompanied by Form I-797, Notice of Action indicating the card validity is extended
• Immigrant Visa and passport
• Temporary Residence Stamp (“ADIT”) contained in a passport or on Form I-94
• Reentry Permit, Form I-327
• Refugee Travel Document, Form I-571
• Parole Authorization, Form I-512
• U.S. Government issued Transportation Letter / Lincoln Boarding Foil

 Being out of the US for more than 2 years I assume a I551 stamp is expired, but the OP needs to answer that question.

[sadgirloverseas 10]

1 minute ago, Dashinka said:

 Being out of the US for more than 2 years I assume a I551 stamp is expired, but the OP needs to answer that question.

Yes, it expired last year. 
I get different responses from everyone, a laywer told me I should fly to America ASAP. But I guess this is not an option. I guess I'll surrender it and try to go to America with him someday. I'm very sad but I don't see another option.

[Dashinka 24,707]

2 minutes ago, sadgirloverseas said:

Yes, it expired last year. 
I get different responses from everyone, a laywer told me I should fly to America ASAP. But I guess this is not an option. I guess I'll surrender it and try to go to America with him someday. I'm very sad but I don't see another option.

You could look at an SB1 visa.  Not too familiar with this visa, and it is fairly rare and I understand has a fairly high bar to get, but since we don’t know all the details as to why you stayed out of the US for so long, it may be a possibility for you.

[Crazy Cat 42,032]

6 minutes ago, sadgirloverseas said:

Yes, it expired last year. 
I get different responses from everyone, a laywer told me I should fly to America ASAP. But I guess this is not an option. I guess I'll surrender it and try to go to America with him someday. I'm very sad but I don't see another option.

Yea....as stated back on page #1, getting to the US will be a major obstacle..........  please keep us updated as your experience will be valuable to others in the future. 

[mushroomspore 3,044]

6 minutes ago, sadgirloverseas said:

Yes, it expired last year. 
I get different responses from everyone, a laywer told me I should fly to America ASAP. But I guess this is not an option. I guess I'll surrender it and try to go to America with him someday. I'm very sad but I don't see another option.

You're not going to be able to get on a plane with an expired green card and expired extension letter. Someone else suggested SB1 visa but they are extremely difficult to get and they only give to green card holders who had to stay abroad due to circumstances outside of their control. You're not eligible because it sounds like you chose to stay out of the US, not because some crazy circumstance forced you to.

2 minutes ago, Dashinka said:

You could look at an SB1 visa.  Not too familiar with this visa, and it is fairly rare and I understand has a fairly high bar to get, but since we don’t know all the details as to why you stayed out of the US for so long, it may be a possibility for you.

SB1 is only for permanent residents who were forced to stay outside of the US due to circumstances outside of their control, which they must prove. So unfortunately it's not a viable option for OP as it sounds like she actively chose to stay out of the US.

[SusieQQQ 11,587]

10 minutes ago, sadgirloverseas said:

Yes, it expired last year. 
I get different responses from everyone, a laywer told me I should fly to America ASAP. But I guess this is not an option. I guess I'll surrender it and try to go to America with him someday. I'm very sad but I don't see another option.

If everything is expired the airline will not allow you to board. Period. 

[Dashinka 24,707]

11 minutes ago, mushroomspore said:

You're not going to be able to get on a plane with an expired green card and expired extension letter. Someone else suggested SB1 visa but they are extremely difficult to get and they only give to green card holders who had to stay abroad due to circumstances outside of their control. You're not eligible because it sounds like you chose to stay out of the US, not because some crazy circumstance forced you to.

SB1 is only for permanent residents who were forced to stay outside of the US due to circumstances outside of their control, which they must prove. So unfortunately it's not a viable option for OP as it sounds like she actively chose to stay out of the US.

I tend to agree, but I am not sure how much weight the “beyond one’s control” is given.  On the surface it would seem to not be an option, but there may be more to the story.

[Daisy.Chain 317]

You can't fly internationally without a valid documents. The airline won't let you fly without them. 

 

If you lived 2 years out of the country, excepting extremely rare circumstances you did abandon your status, imho. You surely weren't planning to come back?Best to save the money and start at square one. Do you have any immediate family members in the US?

[mushroomspore 3,044]

4 minutes ago, Dashinka said:

I tend to agree, but I am not sure how much weight the “beyond one’s control” is given.  On the surface it would seem to not be an option, but there may be more to the story.

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

I couldn't remember where exactly I had seen that bit about "circumstances beyond one's control" in regards to the SB1 visa, but here it is right from the State Department's page about the SB1 visa application requirements:

 

 

Quote

 

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

 

 

However, you are correct that we don't necessarily have the whole story from OP. She may have indeed experienced things out of her control that forced her to stay outside of the US. But from her responses, it honestly seems like this is not really the case.

[lucardo3 220]

2 hours ago, igoyougoduke said:

 you have been abroad for more than 2 years ? you are no longer a green card holder unless you are in the military or working for US government on an abroad mission.

I personally know 2 people who was abroad more than 2 years (unexpired GC) and they came back , passed the border with no issues whatsoever. I was surprised how they were able to get in without no issue at all. So yes they are no longer a green card holder on paper but in reality it depends on the officer so it is 50- 50 but risky.

Edited December 4, 2020 by lucardo3

[HRQX 4,145]

1 hour ago, designguy said:

If OP comes back and gets referred to an IJ are they still eligible to petition a spouse?

Yes. Established case law is clear. The alien remains a LPR until the IJ makes final determination of removal and LPR status is revoked.

[Crazy Cat 42,032]

8 minutes ago, lucardo3 said:

I personally know 2 people who was abroad more than 2 years (unexpired GC) and they came back , passed the border with no issues whatsoever. I was surprised how they were able to get in without no issue at all. So yes they are no longer a green card holder on paper but in reality it depends on the officer so it is 50- 50 but risky.

How did they manage to travel to the US?  The OP will likely be denied boarding a flight.

[SusieQQQ 11,587]

4 minutes ago, HRQX said:

Yes. Established case law is clear. The alien remains a LPR until the IJ makes final determination of removal and LPR status is revoked.

And if the alien cannot get back to the US because there is no longer any acceptable proof of LPR status? 

[lucardo3 220]

6 minutes ago, Lucky Cat said:

How did they manage to travel to the US?  The OP will likely be denied boarding a flight.

Hopped in the plane.

[aaron2020 11,651]

14 minutes ago, lucardo3 said:

I personally know 2 people who was abroad more than 2 years (unexpired GC) and they came back , passed the border with no issues whatsoever. I was surprised how they were able to get in without no issue at all. So yes they are no longer a green card holder on paper but in reality it depends on the officer so it is 50- 50 but risky.

Unexpired green card vs expired green card and expired extension letter are two completely different things.

These two people had unexpired GC and the airline allowed them to fly to the US.  CBP used their discretions to let them in.

 

The situation here is completely different.  The OP has an expired GC and and expired extension letter.  The airline is unlikely to let her fly and that is her main problem.  The airline will insist on valid travel documents.  If she could fly, CBP could use their discretion to let her in.