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zham

Can the spouse travel with an expired GC and no extension letter?

By zham in Working & Traveling During US Immigration

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zham Contributor

zham   12

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Long story short, we messed up and did not file i751 in time. We filed the i751 with an explanation letter and waiting on the receipt (if accepted).

 

Can the wife leave the USA with an expired GC and no extension letter. I understand the risks involved, but my main question if CBP will allow it? 

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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14 minutes ago, zham said:

Long story short, we messed up and did not file i751 in time. We filed the i751 with an explanation letter and waiting on the receipt (if accepted).

 

Can the wife leave the USA with an expired GC and no extension letter. I understand the risks involved, but my main question if CBP will allow it? 

Yes, she can leave.....  There are no immigration checks when exiting the US.  Getting back in WILL be an issue without an extension letter.

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.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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**Moved to Working and Traveling during US Immigration***

"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.. 
 

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zham Contributor

zham   12

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Filed: Other Timeline
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Yes totally aware of that. I will be staying here and i will mail the actual receipt overseas so she can present it on the way back to USA.

I am just concerned if CBP can terminate the residency at the airport if they find out GC expired and no extension letter.

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Just now, zham said:

Yes totally aware of that. I will be staying here and i will mail the actual receipt overseas so she can present it on the way back to USA.

I am just concerned if CBP can terminate the residency at the airport if they find out GC expired and no extension letter.

 There are no immigration checks when exiting the US.  That shouldn't be a problem.

"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.. 
 

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jackiegringa Collaborator

jackiegringa   419

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Filed: Citizen (apr) Timeline
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26 minutes ago, zham said:

Yes totally aware of that. I will be staying here and i will mail the actual receipt overseas so she can present it on the way back to USA.

I am just concerned if CBP can terminate the residency at the airport if they find out GC expired and no extension letter.

Leaving the US is fine however your wife will not be boarded into an airplane at the country she will be at before having the extension letter. If the extension letter is lost in the mail from you to her, there's little to do but to file a I-131A which is around 600 dollars and depends on the local embassy for how long it will take to be produce.

 

If you are ok with these risks go forward but if staying an extra week or month outside of the US is difficult I would reconsider this trip.

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

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Dashinka Grand Master

Dashinka   24,480

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Filed: Citizen (apr) Country: Russia
 Timeline
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1 hour ago, zham said:

Yes totally aware of that. I will be staying here and i will mail the actual receipt overseas so she can present it on the way back to USA.

I am just concerned if CBP can terminate the residency at the airport if they find out GC expired and no extension letter.

Make a few copies of it, my wife was asked to leave one with the airline when traveling with that documentation, and she will need the original for CBP.

 

Also, it is a good idea to have a link for the latest CBP carrier guide.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

 

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!!!!!!!

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beloved_dingo Proficient

beloved_dingo   1,976

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Filed: Citizen (apr) Country: Australia
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How long ago did you send the I-751? Personally, I would just wait for the receipt notice to come before leaving the country. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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OldUser Veteran

OldUser   6,608

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1 hour ago, Dashinka said:

Make a few copies of it, my wife was asked to leave one with the airline when traveling with that documentation, and she will need the original for CBP.

 

Also, it is a good idea to have a link for the latest CBP carrier guide.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

 

Good Luck!

Many airlines would not board with the copy either,  so she has to have original from the moment she boards the plane to entering the US and interacting with CBP.

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Dashinka Grand Master

Dashinka   24,480

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Filed: Citizen (apr) Country: Russia
 Timeline
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1 hour ago, OldUser said:

Many airlines would not board with the copy either,  so she has to have original from the moment she boards the plane to entering the US and interacting with CBP.

I agree, but when the airline clerk in Beijing asked to keep it, she wasn’t about to give up the original.

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!!!!!!!

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