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americanscholar

Green Card expired, want to visit US

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Hello all, 

 

My apologies if this isn't the correct forum, I'm getting desperate for some information. 

 

If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December.

She got the green card through our marriage, we lived in the US for 8 years. 
She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.

 
How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a travel visa with the US embassy?

Any guidance is appreciated. 

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Hello, 

 

We have been living in the Czech Republic since 2017. We do not have any immediate intention of returning to the US.

We intend to raise our US born kids in the Czech Republic. 

 

However, we would like to visit the US this December (visit my family for Christmas). I am US born. We have been paying our taxes. And we have a US bank account. 

 

How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a non-immigrant tourist visa with the US embassy?

Any guidance is appreciated. 

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Filed: Citizen (apr) Country: Ecuador
Timeline

At the visa interview, you might have to convince the consulate of your ties to the Czech Republic, meaning your plans to return there.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: IR-1/CR-1 Visa Country: Malta
Timeline

Apply for non-immigrant tourist visa and prepare to show evidence that you don't intent to stay such as job contracts, lease agreement etc

Edited by P0907

USCIS

29 Apr 2020: I-130 filed online

11 Dec 2020: I-130 approved

 

NVC

17 Dec 2020: NVC Received

25 Jan 2021: Paid AOS and IV fees

14 Apr 2021: Submitted I-864, I-864A and DS-260

14 Apr 2021: Expedite request

04 May 2021: Expedite approved, case sent to Consulate in Naples, Italy

 

US Consulate Naples, Italy

04 May 2021: Consulate received

18 May 2021: Requested expedited interview

20 May 2021: Expedited interview approved and scheduled for 8th June

07 Jun 2021: Medical at Istituto Varelli (Naples, Italy) - Very friendly staff, spoke English

08 Jun 2021: Interview - APPROVED

09 Jun 2021: Picked up passport with Visa in person from Consulate 

 

USA

17 June 2021: Entered New York (JFK) as Point of Entry

17 June 2021: Landed in Arizona and reunited with my wife :) 

28 June 2021: Received Social Security Number

10 July 2021: Form I-551 (Green Card) marked as in production

15 July 2021: Form I-551 (Green Card) received in the post

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Filed: Citizen (pnd) Country: Brazil
Timeline
7 hours ago, americanscholar said:

Hello all, 

 

My apologies if this isn't the correct forum, I'm getting desperate for some information. 

 

If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December.

She got the green card through our marriage, we lived in the US for 8 years. 
She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.

 
How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a travel visa with the US embassy?

Any guidance is appreciated. 

A green card is to live in the US not outside. Living out of the US for 4 years will be seeing as she gave up her status. So if she wants to visit the US she will have to apply for a tourist visa or if she wants to move back to us, you will have to start the spouse visa application all over again. If she had applied for citizenship after 3 years of being a LPR, she would have no trouble to come back to the US.

 

And on top of that, no airline will let her board with an expired green card.

Edited by Ayrton
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On 8/8/2021 at 11:51 AM, americanscholar said:

Hello all, 

 

My apologies if this isn't the correct forum, I'm getting desperate for some information. 

 

If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December.

She got the green card through our marriage, we lived in the US for 8 years. 
She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.

 
How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a travel visa with the US embassy?

Any guidance is appreciated. 

I’m assuming you have no plans to move back to the US, in which case the probable process should be for her to file an i407 https://www.uscis.gov/i-407 to formally surrender her green card, and then apply for esta which may or may not be granted (don’t apply until the i407 process is complete). If esta is not approved at that stage then try a tourist visa. 

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Filed: Citizen (apr) Country: Ireland
Timeline

****** two threads about the same issue merged (please only post once on an issue), and moved to What Visa Do I Need forum ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Russia
Timeline

**Moved from What Visa Do I Need - Family Based Immigration to Tourist Visas; OP is asking about visiting the US not immigrating**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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On 8/8/2021 at 11:51 AM, americanscholar said:

Hello all, 

 

My apologies if this isn't the correct forum, I'm getting desperate for some information. 

 

If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December.

She got the green card through our marriage, we lived in the US for 8 years. 
She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.

 
How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a travel visa with the US embassy?

Any guidance is appreciated. 

Isn't Czech Republic a VWP country?  She could try obtaining an ESTA if so, and if it is rejected, go the B-2 route.

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15 minutes ago, Jorgedig said:

Isn't Czech Republic a VWP country?  She could try obtaining an ESTA if so, and if it is rejected, go the B-2 route.

That’s what I said….but she should surrender the green card first 

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