Can my spouse leave the US while her I-751 is processing?

[Hassan Raza 3]

Thank you everyone for the replies.

 

Just to clarify, because we live in the US and don't have any children petitioning with us, we DO NOT need to submit two passport-style photographs and the form FD-258 fingerprint cards, is that correct?

 

Also, I see that the USCIS suggests affidavits from people who knows us as a form of evidence. I already have joint apartment lease documents, joint bank account statements, insurance information where my spouse is listed as my primary beneficiary, around 30 photos of us together and with family over the past 2 years, even a name change document where she took my last name (and my first name into her middle name, which is part of our culture). Do you guys think the affidavits are truly necessary?

[OldUser 6,473]

Just now, Hassan Raza said:

Thank you everyone for the replies.

 

Just to clarify, because we live in the US and don't have any children petitioning with us, we DO NOT need to submit two passport-style photographs and the form FD-258 fingerprint cards, is that correct?

You don't need anything like that.

 

1 minute ago, Hassan Raza said:

Do you guys think the affidavits are truly necessary?

No, it's not necessary.

[Hassan Raza 3]

How long does it take to get the receipt notice? If I submit the documents now, and we plan to fly at the end of December, I'm worried if I don't get my receipt notice in time, we won't be able to fly.

 

If we don't have a receipt notice, will they let her back into the country if her green card hasn't expired yet but will expire soon? We'll fly back around Jan 14th, and the green card expires on Jan 24th.

[OldUser 6,473]

15 minutes ago, Hassan Raza said:

How long does it take to get the receipt notice? If I submit the documents now, and we plan to fly at the end of December, I'm worried if I don't get my receipt notice in time, we won't be able to fly.

 

If we don't have a receipt notice, will they let her back into the country if her green card hasn't expired yet but will expire soon? We'll fly back around Jan 14th, and the green card expires on Jan 24th.

4-6 weeks after submitting I-751 is usually the timeframe to receive I-797 (extension letter).

 

Yes, you can re-enter US with valid GC visa even if it has a few days left on it.

 

However, what if your flight gets cancelled? What if you get sick? What if the borders close (remeber COVID?)

 

I strongly suggest leaving with extension letter.

 

You should receive extension letter sometime in November or early December.

Edited October 30, 2023 by OldUser