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I90 denied, I551 based on it

By SP&DT in Working & Traveling During US Immigration

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SP&DT Contributor

SP&DT   33

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Filed: K-1 Visa Country: Serbia
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Posted

Hi everyone, I am in a bit of a pickle. I have travel plans outside of the country but I just received my denial in the mail.

 

I applied for a I751 when I became eligible (came here on K1, adjusted status, etc). My conditional green card arrived with an error and I immediately submitted the I90 to get that fixed. Well, it took USCIS two years to say no and that’s after it already expired, so I wasn’t surprised that that happened.

 

However, I have a stamp that is based on the pending I90. My question is as follows: can I still travel and return safely, or do I need to go to a field office yet again to get it? I just got this one in August of this year.

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Do you have the I-751 extension letter?  Based on your timeline, that should extend your conditional Green card until 2027.    If you do not have your expired Green card and extension letter (received after filing the I-751), I would get a new ADIT stamp. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
7 minutes ago, SP&DT said:

I don’t have the green card anymore because they took it from me. I do have the extension letter though.

OK.  The extension letter is worthless without the expired Green Card.  Since the stamp you have was based on a denied I-90, I would get a new ADIT stamp in passport.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
8 minutes ago, SP&DT said:

You believe that the one I already have is not valid anymore? :( 

The extension letter from the I-751 is no good since it must accompany the expired Green card.  The current letter you have is based on a denied I-90.  I would get a new ADIT stamp...My opinion. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Dashinka Grand Master

Dashinka   24,635

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

I agree, you should get a new stamp.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

SP&DT Contributor

SP&DT   33

Posted
Filed: K-1 Visa Country: Serbia
 Timeline
  • Author
Posted

Thank you all. I managed to reach out to Emma and got connected to a live agent (after several tries). Of course I never know if what they say is fully accurate but they confirmed I can travel with the current stamp, which is surprising

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 minutes ago, SP&DT said:

Thank you all. I managed to reach out to Emma and got connected to a live agent (after several tries). Of course I never know if what they say is fully accurate but they confirmed I can travel with the current stamp, which is surprising

I wouldn't trust a Tier 1 USCIS rep.  There is no basis for your current stamp, imo.  The base I-90 was denied. Normally, that voids all associated benefits.  I would still try to get a new ADIT.  Just my opinion.  Others might disagree.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

OldUser Veteran

OldUser   6,979

Posted
Timeline
Posted (edited)
3 minutes ago, SP&DT said:

Thank you all. I managed to reach out to Emma and got connected to a live agent (after several tries). Of course I never know if what they say is fully accurate but they confirmed I can travel with the current stamp, which is surprising

They tell incorrect information all the time to get you off the chat / phone.

 

Do not travel without getting a fresh stamp. If you don't trust advice here, consult with an immigration lawyer.

Edited by OldUser
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OldUser Veteran

OldUser   6,979

Posted
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  • Popular Post
Posted
4 minutes ago, SP&DT said:

Thank you all. I managed to reach out to Emma and got connected to a live agent (after several tries). Of course I never know if what they say is fully accurate but they confirmed I can travel with the current stamp, which is surprising

Tehnically they're accurate. You can travel outside of the US but not come back easily.

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, OldUser said:

Tehnically they're accurate. You can travel outside of the US but not come back easily.

True.  Upon entry, all it takes is a CBP agent to trace that current stamp to a denied I-90.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,984

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Technically, you are still a legal resident.  However, not having clear evidence of that status would be a gigantic hassle.....even inside the US if you needed it. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

SP&DT Contributor

SP&DT   33

Posted
Filed: K-1 Visa Country: Serbia
 Timeline
  • Author
Posted
35 minutes ago, Crazy Cat said:

Technically, you are still a legal resident.  However, not having clear evidence of that status would be a gigantic hassle.....even inside the US if you needed it. 

Absolutely. I will say that I haven’t been asked for any proof of anything since I got employed but I did update my employer on everything.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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