Returning to the US with an expired conditional green card

[raisoft2008 2]

My wife received her conditional green card on 11/2020 (Spouse Visa) and her green card expires on 11/2022. She is not eligible to apply for the petition I-751 to remove the condition before 08/2022.  However, we have international travel plans scheduled from 07/2022 to 12/2022 (her conditional green will be expired at re-entry).

 

What are some options for us to proceed with our travels without running into issues at re-entry? Can we submit the petition while we are abroad?

[Lil bear 4,263]

13 minutes ago, raisoft2008 said:

My wife received her conditional green card on 11/2020 (Spouse Visa) and her green card expires on 11/2022. She is not eligible to apply for the petition I-751 to remove the condition before 08/2022.  However, we have international travel plans scheduled from 07/2022 to 12/2022 (her conditional green will be expired at re-entry).

 

What are some options for us to proceed with our travels without running into issues at re-entry? Can we submit the petition while we are abroad?

To reenter after the expiry date of the conditional GC she will need the NOA 1 for the submitted I751 and the extension letter which will be sent with the NOA1.  
My plan would be to fill out all the ROC forms and assemble all documentation prior to leaving USA and have a very trustworthy person mail it the day after the 90 day window opens .. use certified mail!!!! Then get that same trustworthy person to collect your mail and post the NOA1 and extension letter to you. Get USPS Informed delivery app so you can see whats coming each day in the mail. Also make sure you can access your myuscis account while away .. this usually requires having your US cell phone and US number operational .. and you will be able to see the NOA1 and letter on there.. download and print …. If all this goes without any hitches she will be fine to reenter.. but… there are lots of ways this plan can go sideways so..  

Plan B.. be flexible in return date to be able return before the expiry if needed or change plans now and rebook tickets to return early. Even with plan B you should prepare the ROC application and have that trustworthy person mail it the day after the 90 day window opens. 

[raisoft2008 2]

28 minutes ago, Lil bear said:

To reenter after the expiry date of the conditional GC she will need the NOA 1 for the submitted I751 and the extension letter which will be sent with the NOA1.  
My plan would be to fill out all the ROC forms and assemble all documentation prior to leaving USA and have a very trustworthy person mail it the day after the 90 day window opens .. use certified mail!!!! Then get that same trustworthy person to collect your mail and post the NOA1 and extension letter to you. Get USPS Informed delivery app so you can see whats coming each day in the mail. Also make sure you can access your myuscis account while away .. this usually requires having your US cell phone and US number operational .. and you will be able to see the NOA1 and letter on there.. download and print …. If all this goes without any hitches she will be fine to reenter.. but… there are lots of ways this plan can go sideways so..  

Plan B.. be flexible in return date to be able return before the expiry if needed or change plans now and rebook tickets to return early. Even with plan B you should prepare the ROC application and have that trustworthy person mail it the day after the 90 day window opens. 

This is exactly what I had in mind too @Lil bear. Worst come to worst, if we do not receive the NOA and extension letter in time for the petition submitted by that trustworthy person, we will return to the US before the expiration. However, if we receive the NOA, we will complete our travels and return as planned. 

Only issue I can think of is if we also receive the biometrics appointment date prior to 12/22? We would have to be in-person in the USA. My plan is to call ASC and re-schedule the biometrics appointment for after 12/22 when we are back in the US. Would this be an issue? 

[Lil bear 4,263]

29 minutes ago, raisoft2008 said:

This is exactly what I had in mind too @Lil bear. Worst come to worst, if we do not receive the NOA and extension letter in time for the petition submitted by that trustworthy person, we will return to the US before the expiration. However, if we receive the NOA, we will complete our travels and return as planned. 

Only issue I can think of is if we also receive the biometrics appointment date prior to 12/22? We would have to be in-person in the USA. My plan is to call ASC and re-schedule the biometrics appointment for after 12/22 when we are back in the US. Would this be an issue?  

 

People reschedule all the time. Shouldn't be any problem. Remember that if the trip is longer than 180 days it may impact eligibility for naturalization .. 

[Mike E 11,741]

Do not leave the USA without getting an I-551 stamp on the passport.  The consensus plan A of relying on someone state side to:

 

1. mail the  I-751 package 

 

2. ship the extension letter (if it arrives) to your location

 

Is too high risk.  
 

In addition file I-131 to get a re-entry permit, especially since the planned absence is approaching 181 days. 

Edited May 17, 2022 by Mike E

[raisoft2008 2]

On 5/15/2022 at 10:16 PM, Lil bear said:

On 5/15/2022 at 9:44 PM, raisoft2008 said:

This is exactly what I had in mind too @Lil bear. Worst come to worst, if we do not receive the NOA and extension letter in time for the petition submitted by that trustworthy person, we will return to the US before the expiration. However, if we receive the NOA, we will complete our travels and return as planned. 

Only issue I can think of is if we also receive the biometrics appointment date prior to 12/22? We would have to be in-person in the USA. My plan is to call ASC and re-schedule the biometrics appointment for after 12/22 when we are back in the US. Would this be an issue?  

 

People reschedule all the time. Shouldn't be any problem. Remember that if the trip is longer than 180 days it may impact eligibility for naturalization .. 

Got it. Thanks!! 
 

After considering everything, I think we will reschedule our travel plans for until after my wife receives her extension letter. I’m hoping we would receive that relatively quickly.

[raisoft2008 2]

22 hours ago, Mike E said:

Do not leave the USA without getting an I-551 stamp on the passport.  The consensus plan A of relying on someone state side to:

 

1. mail the  I-751 package 

 

2. ship the extension letter (if it arrives) to your location

 

Is too high risk.  
 

In addition file I-131 to get a re-entry permit, especially since the planned absence is approaching 181 days. 

Yes, we’ve decided to wait for the extension letter before resuming our travels. 
 

Do we still need re-entry permits? 

[Lil bear 4,263]

1 hour ago, raisoft2008 said:

Yes, we’ve decided to wait for the extension letter before resuming our travels. 
 

Do we still need re-entry permits? 

No reentry permit needed if you have the extension letter in hand. I think its wise to reschedule the travel .. if it was me i would be on edge all the time .. its possible that things would go well, but big issues if there was a hiccup 

[Mike E 11,741]

2 hours ago, raisoft2008 said:

Yes, we’ve decided to wait for the extension letter before resuming our travels. 
 

Do we still need re-entry permits? 

For a 5 month+ planned trip. Yes.  One positive Covid test and you are over 180 days of absence.  

Edited May 18, 2022 by Mike E

[raisoft2008 2]

4 minutes ago, Mike E said:

For a 5 month+ planned trip. Yes.  One positive Covid test and you are over 180 days of absence.  

Hmm, gotcha. So when we apply for I-131, do we specify the range to capture 6+ months just to be safe? Or do we still specify the intended travel duration? 
 

and, how long does it typically take to receive the re-entry permit? What if we don’t receive the re-entry permit on time? Can we continue with the travels?

[Lil bear 4,263]

1 hour ago, raisoft2008 said:

Hmm, gotcha. So when we apply for I-131, do we specify the range to capture 6+ months just to be safe? Or do we still specify the intended travel duration? 
 

and, how long does it typically take to receive the re-entry permit? What if we don’t receive the re-entry permit on time? Can we continue with the travels?

You do not need to specify travel dates. You need to wait until after the biometrics are taken to leave .. or you are advised that they are reusing previous biometrics That can be several months. It took 8 months for me to have the permit in hand. You can request it to be sent to the US Consulate overseas where you can collect it . . Yes you can travel without it .. its only really a safeguard for your status  to not be interrupted for naturalization purposes if you are out for over 180 days. It us an expensive “ insurance policy” 

[raisoft2008 2]

38 minutes ago, Lil bear said:

You do not need to specify travel dates. You need to wait until after the biometrics are taken to leave .. or you are advised that they are reusing previous biometrics That can be several months. It took 8 months for me to have the permit in hand. You can request it to be sent to the US Consulate overseas where you can collect it . . Yes you can travel without it .. its only really a safeguard for your status  to not be interrupted for naturalization purposes if you are out for over 180 days. It us an expensive “ insurance policy” 

Got it, waiting 8 months to get the re-entry permit is not an option for us then. In that case, I will try to limit the trip to 4 months and that should give a 2 month buffer. 

[Mike E 11,741]

1 minute ago, raisoft2008 said:

Got it, waiting 8 months to get the re-entry permit is not an option for us then. In that case, I will try to limit the trip to 4 months and that should give a 2 month buffer. 

You don’t have to wait for the re-entry permit.  You aren’t expected to delay critical travel for nearly a year just because USCIS can’t adjudicate something that should take just 30 minutes.  
 

The I-131 receipt is evidence when you return 181+ days later that you didn’t intend to abandon status.