Travel while watitng for I-751 NOA I-797??

[Bparks777]

Good day Candle for Love!

 

 

In a bit of a pickle now, and was looking for some advice.

 

Wife, and I are getting ready to send off I-751 petition in the next couple days. Her conditional green card expire November 9^th. (I know a bit late filing, but life has been crazy lately).

 

I understand we will receive I-797 NOA extending her LPR for a year upon petition acceptance. Here is the issue. Her grandfather has become ill, and she is looking to get back to China soonest possible, but we understand I-797 can take up to a month generally to get back.

Could we mail off the petition, confirm USCIS has received it via tracking number, and get her on a flight ASAP while waiting for I-797? I plan to fly over and meet up with her end of November and could bring the I-797 with me for re-entry…

 

 

If they see that she is out of the country while waiting for I-797 do you believe there will be issues? I know its all shaky ground but kinda a crappy situation we are in…

 

I also posted this in the squak box. Any input would be great. As always, thanks all!

[wawster]

Hi there,

 

It is indeed shaky ground, but I can tell you my experience. We sent off Rose's 751 package last December, and received her NOA letter extending her green card for a year, in January. It took exactly one month to get here. A friend of mine who is married to a Chinese woman sent his off in October of '17, and got their NOA in 2 weeks.

 

Rose traveled to China in April of '18. She already had her letter, and they asked to see it at the airport when she was on checking in for her flight. We had given them her green card, and they mentioned it was expired, and asked to see other documentation. They also scrutinized it on the travel back into the US. It probably would not be prudent to make the reservations for your wife to visit China until you have that in hand. With today's politics and such, it would just be asking for her to be detained at some point. She also might be refused to board her flight out, without the correct paperwork.

 

Warren

[Bparks777]

Hi Wawster. Many thanks. Rock, and a hard place. We are sending the petition + supporting evidence via courier overnight AM thursday. I guess we will just have to wait it out and hope we get NOA back quickly.

Edited October 3, 2018 by Bparks777 (see edit history)

[Randy W]

Not sure if this would be helpful, but you could always set up an InfoPass appointment and see if they will give her an (extended) I-551 stamp in her passport, once you've verified that they've received the I-751..

[dnoblett]

And what happens when they schedule a biometrics appointment or schedules an interview and your spouse is out of the country?

[Bparks777]

And what happens when they schedule a biometrics appointment or schedules an interview and your spouse is out of the country?

 

We have submitted the I751. Per tracking UPS they have received the petition. We are waiting for the NOA. She will plan to retun to China from late October to mid Deceber (pending NOA receipt). I think we should be ok with the biometrics appointment. Regardless if it comes up she will just have to return for it.

 

Either way, thanks again CFL. Couldnt have done all this without all your help / advice.

[AT Thru]

Bparks777,

 

We are in a similar situation. Sent packet out on Oct 1st I received a text on the Oct.9th saying case was received and gave be number starting with LIN (Nebraska) check was cashed today. My wife's drivers license expires same day as her Green Card.They won't renew with out extension letter. When I check case on the USCIS site it says

 

 

WE received your case

 

You do not need to do anything at this time...

 

We will let you know if we need anything else from you as we continue to review your case

 

that's it...

[Bparks777]

Let me know when you received anything... I have been hearing that 2-3 weeks is the norm for receiving the NOA, but that seems fast for how slow USCIS is moving these days....

 

Heres to hoping for quick, and smooth roads from here! haha...

Bparks777,

 

We are in a similar situation. Sent packet out on Oct 1st I received a text on the Oct.9th saying case was received and gave be number starting with LIN (Nebraska) check was cashed today. My wife's drivers license expires same day as her Green Card.They won't renew with out extension letter. When I check case on the USCIS site it says

 

 

WE received your case

 

You do not need to do anything at this time...

 

We will let you know if we need anything else from you as we continue to review your case

 

that's it...

[Bparks777]

Just following up. I-751 / documents were received Friday October 5^th 2018, and we have now received I-797 Friday October 26^th 2018. Exactly three weeks from submission to receipt of NOA.

 

Wife will fly out this Friday. Thanks for all the input guys!

Edited October 29, 2018 by Bparks777 (see edit history)

[Randy W]

Just following up. I-751 / documents were received Friday October 5^th 2018, and we have now received I-797 Friday October 26^th 2018. Exactly three weeks from submission to receipt of NOA.

 

Wife will fly out this Friday. Thanks for all the input guys!

 

 

WHEW ! Glad to hear it!

[Bparks777]

I have searched but have not found anything specific. Further to above, does she need to carry the original I797? Can she carry a copy? Seems like a bad idea to keep the only original document showing your legal prescence on you when traveling all around.

 

My first instinct was to get an I-551 stamp, but we have been informed the USCIS will not grant them until the I797 is within 30 days of expiring.

 

Anyone had any issues on the Chinese side using a I797 to board the plane?

[Randy W]

I have searched but have not found anything specific. Further to above, does she need to carry the original I797? Can she carry a copy? Seems like a bad idea to keep the only original document showing your legal prescence on you when traveling all around.

 

My first instinct was to get an I-551 stamp, but we have been informed the USCIS will not grant them until the I797 is within 30 days of expiring.

 

Anyone had any issues on the Chinese side using a I797 to board the plane?

 

 

She should take the original, along with at least ONE copy. That way, she can SHOW the original if requested, and submit the copy.

[Bparks777]

 

I have searched but have not found anything specific. Further to above, does she need to carry the original I797? Can she carry a copy? Seems like a bad idea to keep the only original document showing your legal prescence on you when traveling all around.

 

My first instinct was to get an I-551 stamp, but we have been informed the USCIS will not grant them until the I797 is within 30 days of expiring.

 

Anyone had any issues on the Chinese side using a I797 to board the plane?

 

 

She should take the original, along with at least ONE copy. That way, she can SHOW the original if requested, and submit the copy.

 

Understood. Thanks Randy!

[wawster]

When Rose traveled to China in March, the airlines were very specific about having the original document. She took a copy with her as well.

 

A question out of curiosity...the 797 doc that your wife received - did it extend her green card for 12 or 18 months? The first one Rose received was for 12 months, but about a month ago, we got another one that extended it for 18 months due to the long lead times in Removal of Conditions these days. i was just wondering f they are sending out the 18 month extensions as a matter of course for the first response now.

[wawster]

Oh...and to answer your other question, Rose had absolutely no problem coming back to the US with the 797 letter. I had flown out to China several weeks after she did, so I was with her when we flew back in late April. They DID ask to see the letter, but went over it and we passed right through.