I 751 Question

[Simoni]

My wife's Permanent Resident Card expires in July.  You have a window of 90 days before expiration that you can apply for the replacement via the I751 applicatoin. Thus, we can submit it on April 7.

However, she is flying to Ukraine May 4.

The question is--will she be ok coming back into the US on June 7 since the Permanent Resident card expires on July 7?  I would think so--but I know passports have to be good for months beyond entry.

Anyone have experiences with this? 

Also, how long will it take to get the new card once we submit the paperwork on April 7?

[Jumper]

Simoni,. is this the 2 year AOS to a ten year card?


if so,
once submitted , it can be quick, or it can take a long time,

my past one took almost a year!

you'd have to dig up my old thread detailing the sillyness that sometimes is the USCIS.

They basically kept sending us notices that there was not enough evidence to support a decision at the time,
and list the required  "proofs of continuing marraige"
  yet in the very same letter would state we had supplied all the evidence required (we had)
and to not send anymore.
 I eventuaslly got so frustrtated at the months of bnack and forth ,,
that i wrote a pretty heated letter asking them to come live with us to determine our status,
or to simply stop screwnh around at at least then give us an interview,as there was no way possible
to have any more supporting documents by any even domestically married couple.

they did, and  the officer asked my name and hers, how traffic was coming in to the city,
and laughed and said we were obviously where a  married couple and passed us right thru.



As far as your travel querstion , we were in that exact siutation of her planning travel home during the AOS app period of time ,
and the GC expiring, (or in some aprt og f the proces being required t otrun in in lie od a new one sent)

Now the the answer THEN was:
 To visit the local consulate office and get a stamp..extending it.
back then you could set an appointmet on line with th econsulate ,  and get in about 15 minutes (chicago)


Things may have chanehed but ui strinbgky advise you to read up on the USCIS website or cvontact someione there,before teraveling wioth a GC due to expire before return.

There is a certain limbo time ,no matter how quickly they process it, and they did  have a means to address this if you were traveling (back then a stamp in the passport and on the  document that they sent you) 
 
Good luck,


this was the only snag in our USCIS process,
the AOS was not a big deal,weven with the snag,
 but it was frustrtating from silly repetition , for absolutely no reason, and took far longer than it should have.

As far as anything else with them, it was always smooth sailing , and getting that stamp and document for travel
,since the AOS was "pending" was a breeze.

[Simoni]

Simoni,. is this the 2 year AOS to a ten year card?

Yep.

 I eventuaslly got so frustrtated at the months of bnack and forth ,,
that i wrote a pretty heated letter asking them to come live with us to determine our status

LOL--they do that and they will all divorce their wife's and go Ukrainian! :-)))

Thanks for the tips, AJ. 

I'm going to assume that as long as she gets back home to the US before the car expires she will be ok.

~Simoni

[SMS60]

Simoni,. is this the 2 year AOS to a ten year card?They basically kept sending us notices that there was not enough evidence to support a decision at the time,
and list the required  "proofs of continuing marraige"

UUmmmmm, apparently their suspicion was warranted. 

[Jumper]

SMS60..
just two years into our marriage? lol

ok yes i guess they were  a bit prophetic..4 years later ?
 same could be said for 50% of all marriages.Glad they could call a 4 year laters coin toss with such accuracy..

The AOS  requires proofs you are still married at that time, the 2 year 90 day window ,not that you
will stay married 'till death do you part.
We provided all those,were happily married , and the USCIS acknowledged that everything on their list was provided, amusing at first,, not so much many months later.
Just a glitch in our case and easily handled,
but the irony is if you ARE no longer married ,the *conditional* (on marriage) GC holder can file immediately, as long as they state they had good intent in the marriage, and not wait for two years
to AOS.Considering the whole concept of havingh a conditional GC, is  based on the the 2 years
*providing some proof it was not based on  immigration* , it's just another example of the
huge loopholes in the system.The people wanting to abuse the system have a much faster and efficient method to a permanent 10 year GC, than  a still  married couple.

It means nothing to most people ,for those going thru it ,, its just some more paperwork,
for those who see how silly the checks and balances are for this ,, it's silly at best.

[vwrw]

I'm going to assume that as long as she gets back home to the US before the car expires she will be ok.

She will be okay as long as the card has not expired at the time of her arrival back here.

In addition, I think I read it on the documents which the gov. sends to you after you apply for the 10 years card, but I am NOT certain if my memory does not fail me. It was said that if you have to travel after your card has expired but before you've got the new one, you can use the advanced parole for entrance in USA.

[tfcrew]

Here's some threads on the Vj link...

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=travel+on+two+year+card&sa=Search#1889

Also..this was at the bottom of page 1...

http://www.visajourney.com/forums/topic/295086-travel-while-i-751-is-pending/

You should be OK.
Karl