I would like input...

[fortunecookie]

Hi All,

 

To say the least - this removal of conditions is about to get the best of me! I really am about to loose it! I was so mad on the phone with the immigration office employee - I "kind of" told her off. I know - not her fault - but I am loosing it big time. Let me update all - then I would like opinions of what I should do.

 

We went to the final interview like 4 months ago - of course a days drive from where we live.

 

We were interviewed - They seemed to treat the wife like she was royalty or something - and on the other hand BASHED me for a very long time - asking questions that I never thought would come up or were issues at all.

 

After the interview - the IO told us he would recommend approval - but he emphasized that he was not the decision maker - that our case would be decided by someone above him. He also said we should have an answer (positive or negative) in about 3 weeks.

 

After 3 months - and no reply from them - I telephoned. I was then told that because our case has run over the typical time frame and that we had not been told anything - they then said to expect an EXPLANATION (at least) from the office holding our case - explaining the delay. They said we should expect a letter (I think).

 

Well, another month has gone by and still no reply or explanation!!! I telephoned again - and this time was told that there was no further action that could be taken (by the personnel in that office). So basically I am now in total limbo - not knowing anything - with nobody else to ask.

 

I am aware I can make a info pass with the IO - but this is a full days drive - and I can't help but think that it will be like pissing in the wind - nothing will be said or done - I will only be told that the case is still pending - which is all they seem to be able to say.

 

Does anybody have any advice? Is there anything else I can do to find out anything from these people?

 

What is killing us is that we have LONG planned a trip to China this fall - but cannot go now because she has no valid green card. Now we will have to drive all day (the other direction) to go to Houston to renew her passport which will expire this year. So just another expense and trouble for us - what else is new.

 

Thanks,

Scott

[dnoblett]

Three things,

1. You should have the I-751 NOA-1 letter, this extends lawful permanent residence for 1 year. You can travel using the expired green-card and that letter. HOWEVER, There has been a couple of incidents lately where airline personnel wont accept the letter and the traveler board the plane coming back to the USA.
   
2. Info-pass and ask about status.
   
3. While at the info-pass appointment request an I-551 stamp in passport, this should take care of any problems traveling.
   

[fortunecookie]

Three things,

1. You should have the I-751 NOA-1 letter, this extends lawful permanent residence for 1 year. You can travel using the expired green-card and that letter. HOWEVER, There has been a couple of incidents lately where airline personnel wont accept the letter and the traveler board the plane coming back to the USA.
   
2. Info-pass and ask about status.
   
3. While at the info-pass appointment request an I-551 stamp in passport, this should take care of any problems traveling.
   

 

I really appreciate your input! However, as you pointed out - the letter may be legal but it does not guarantee that she can get back into the US. Next, as her passport will expire while she is in China - the I-551 stamp in her passport will be a problem as well.... unless you know if there is a way to have this stamp transferred to her new passport???

 

And one last thought - I will have to double check the dates - but I think the I-751 letter will be expired before the date we planned to leave. If this is the case - it will be worthless.

 

Thanks Again,

Scott

Edited August 29, 2009 by fortunecookie (see edit history)

[dnoblett]

Three things,

1. You should have the I-751 NOA-1 letter, this extends lawful permanent residence for 1 year. You can travel using the expired green-card and that letter. HOWEVER, There has been a couple of incidents lately where airline personnel wont accept the letter and the traveler board the plane coming back to the USA.
   
2. Info-pass and ask about status.
   
3. While at the info-pass appointment request an I-551 stamp in passport, this should take care of any problems traveling.
   

 

I really appreciate your input! However, as you pointed out - the letter may be legal but it does not guarantee that she can get back into the US. Next, as her passport will expire while she is in China - the I-551 stamp in her passport will be a problem as well.... unless you know if there is a way to have this stamp transferred to her new passport???

 

And one last thought - I will have to double check the dates - but I think the I-751 letter will be expired before the date we planned to leave. If this is the case - it will be worthless.

 

Thanks Again,

Scott

It is NOT the POE in the USA, it is a MORONIC airline official in China that caused the problems for two travelers that I know of.

 

If ane when you get a passport, the old expired one is returned to you, the stamp is still valid, you use the new passport to travel, and old passport to prove residency status in the USA, the stamp allows exit from China, and re-entry to the USA.

[Randy W]

Scott - DO NOT let her leave the country until your situation is settled. I hate to bet over something like this, but I would bet that they won't let her back in. Tat's the easy way out from their point of view.

 

I have no idea why they wouldn't either approve or deny the case - that makes no sense.

 

But three things can happen from here - they will approve the green card, they will deny it, and/or they will issue a notice to appear (removal hearing).

 

Get a lawyer.

[Cathy]

Scott, sorry to know your troubles.

 

I just checked the website of Chinese Houston Consulate, they will come to Atlanta in Sept and Miami in Nov to renew the Chinese passports. http://houston.china-consulate.org/chn/zytz/t552923.htm. So, if you dont want to make a trip to Houston, you could wait till then. The Chinese passport can be renewed before and after 6 months of the expiration date.

 

When renewing the Chinese passport, it is required to show your proof of legal staying in the States. If I-751 NOA1 letter will expire within 3-4 months, I would not use it because the Consulate may not accept it. It is said it takes about 30-40 days to get the passport back although usually it is sooner. For that purpose, it might be better to make an Inforpass appointment and get a stamp on her old passport first.

 

Then wait on the green card. If it comes before Nov, you can renew the Chinese passport either in Miami or Houston.

 

Like Randy said, dont leave the country before getting all the paperworks settled.

[Guest jin979]

dont leave USA without new valid green card

 

go to infopass demand action n case

[milan08]

Hi Scott,

 

Concerning the part that you will go visit China, and your wife doesnt have a valid greencard, unluckily you and your wife have to go to the nearest immigration office with all the NOA you have had in your hands about her removing of conditional, asking for a stamp on her passport( I think it is called I-551). Normally she will get a three months to six month extension because her permenant green card is pending.

 

good luck

[fortunecookie]

Scott - DO NOT let her leave the country until your situation is settled. I hate to bet over something like this, but I would bet that they won't let her back in. Tat's the easy way out from their point of view.

 

I have no idea why they wouldn't either approve or deny the case - that makes no sense.

 

But three things can happen from here - they will approve the green card, they will deny it, and/or they will issue a notice to appear (removal hearing).

 

Get a lawyer.

 

 

This is exactly my thinking. I am too worried something may go wrong. I am one who has learned the hard way that it is better to be safe than sorry. As important as the trip to China is - it is certainly more important to be with my wife!

 

I have even thought... that with my luck - we will be in China at the same time that they decide to deny the removal of conditions - then my wife will have to sit in China and wait while we fight her case in Immigration Court!

 

Thanks all for your input. For now - I guess I have no choice but make an info pass appointment and see if I can get some answers from them. They are certainly sitting on this case for some reason.

 

I am thinking that perhaps they are waiting on "something" from a third party - maybe something from the ex-boyfriend? Maybe it's just paranoia - but they are waiting for something and definitely sitting on this case.

 

Scott

[Carl]

Our last trip to China was April 2008. Ying's green card was expired, but she had the extension letter. She had no trouble getting in or getting out of China. Of course we avoided Beijing by flying to her home city of Yanji via Seoul, South Korea, so the entry procedures were less hectic. Ying went through the Chinese citizen, I had to go through the visitor line. The guy who processed Ying looked at her green card, the letter and let her pass. I was the only Anglo on the flight, so I stuck out like a sore thumb. The guy stamped my passport without a word, not even a "Welcome to China."

 

Another thing I remember was a young Chinese soldier standing off to the side at the position of "attention." He was so stiff and and motionless that if yo went up beside him and said BOO, he would jump out of skin.

[dnoblett]

My Yu is in Toronto this weekend, this weekend is the last time she can do this until we get the I-751 extension letter, after that and I would have no problems visiting Toronto.

 

We are expanding our business into that market, not letting the boarder stop us!