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Travel with a Pending I-751 Petition

Summer seemed to come early in Portland this year as temperatures spiked into the high 90’s at the beginning of June. While this may have just been a late-spring tease, now that the solstice is behind us, we can officially say that summer is in full swing. This means that summer vacations and warm-weather travel plans are likely imminent.

The ability to travel both domestically and internationally is always one of the biggest concerns for individuals with pending immigration cases. If you’re a hopeful immigrant in the US, you more than likely have family, friends, or business ties in other countries and most likely are not interested in giving up your right to go abroad or visit your home country. Unfortunately, depending on where you are in the process and what type of immigration benefit you are applying for, there may be restrictions on your ability to travel. Therefore, you should always ensure it is safe for you to travel before you book tickets.

The good news is that if you are a conditional resident waiting on a pending I-751 to remove conditions on your Green Card, you are legally allowed to travel internationally and you will not risk abandoning your status or forfeiting your pending case as long as you follow a few simple steps and make sure everything is in order before heading out.

Current processing times for I-751 petitions are upwards of 18 months. With such delayed processing, there’s a very good chance that, at some point, you’ll find yourself with a planned trip and no 10-year Green Card. Here are a few helpful guidelines to keep in mind if you are planning to travel this summer (or any time!) while your I-751 Removal of Conditions application is pending:

You should not leave the country until you have received your I-797C Notice of Action, Receipt Notice from USCIS

This notice confirms that your petition was received by USCIS and contains language that extends your permanent resident status for an additional 18 months beyond the expiration date listed on your conditional Green Card. Your I-751 Receipt Notice will likely be the only document validating your legal status once your conditional Green Card has expired.

In the case that you do not have access to your receipt notice, you may be able to attend an InfoPass appointment at USCIS to receive an I-551 extension stamp in your passport. USCIS can verify if you are eligible to receive this stamp for travel when you call to schedule the appointment.

You should complete your biometrics appointment before going anywhere, or make sure you have someone at home to help reschedule it.

If you have just recently filed your I-751, you will likely be scheduled for a biometrics appointment to have your fingerprints and photograph taken. Due to current delays, it is difficult to predict when this appointment will be scheduled. It is a good idea to stay in the US until you have completed this appointment. If this is not possible, you should make sure that your attorney or someone at your address will be able to receive the notice if it arrives while you are away. You should then request right away to have the appointment rescheduled. If you do not reschedule and do not show up for your appointment, USCIS may consider your application abandoned.

You should not be away for too long.

It is not a good idea to travel for an extended period of time (6+ months) while your application is pending. If you do need to leave the country for several months, you should seek guidance on maintaining your application and potentially applying for a Re-entry Permit.

You should keep your important documents with you at all times.

Finally, when you do leave on your trip, you should be sure to carry both your expired Green Card and your I-751 Receipt Notice with you and keep them in a safe place at all times. Failure to present your I-751 Receipt Notice to border patrol officials can result in a fine or denied entry.

Due to the extreme delays and inconsistencies we are currently seeing with I-751 applications, conditional residents should keep in mind that they may have the option to file for Naturalization while their I-751 is processing . If you have been in the US for two years and nine months and you are married to a US citizen, you may be eligible to apply to become a US citizen (even if your I-751 has not been approved yet). Filing these applications concurrently can help streamline the process as you will likely get called in for a single interview to adjudicate both applications at the same time. At the end of the process, you’ll be a US citizen!

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Traveling Abroad After Filing a Form I-751 to Remove Conditions on Residence

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Foreign nationals who become conditional residents by marrying a US citizen or LPR are able to travel abroad. However, unlike permanent residents who have a 10-year green card, conditional residents are given a two-year green card, at the end of which they must file a form I-751 to remove the conditions on residence. A successful I-751 petition removes the conditions and provides the foreign national with permanent resident status. But this is a lengthy process, sometimes taking years.

So, can a foreign national travel abroad while the Form I-751 petition is pending?

The answer is generally yes, but there are some risks to consider. First, foreign nationals should be certain that the I-751 was submitted correctly and on time. Once submitted, USCIS will usually mail the applicant a form I-797C, Notice of Action. This is a receipt proving that the I-751 was submitted. It will also provide an extension (typically for 24 months) to the conditional residence. However, it may take USCIS several weeks for this letter to be issued. In addition to the I-797C, foreign nationals should not depart the US without some other key documents necessary to reenter the US. And even with the correct documents in hand, foreign nationals should also be mindful of any past issues that may put them at risk in seeking reentry into the US.

After a conditional green card has expired, but before a new 10-year green card arrives, it’s important for any foreign national to carry the following items when traveling abroad:

Valid, unexpired passport

Expired conditional green card

Valid, unexpired I-797C, Notice of Action

These documents are used to prove that the foreign national is lawfully permitted to be in (or reenter) the US. Remember, the inadmissibility rules continue to apply, just as they would for any green card holder seeking to reenter the US. Accordingly, foreign nationals should NOT depart the US if they have any outstanding issues that could make them inadmissible. These can include such things as criminal offenses or past immigration violations. Also, if the I-751 petition is denied while the foreign national is abroad, reentry into the US may not be possible. The foreign national may even be referred to an immigration judge for removal upon arrival. If you have doubt on any of these issues, consult with a competent attorney before traveling. If you require extended travel abroad after filing a form I-751, consider obtaining a reentry permit before you do. This can help avoid a decision by a CBP officer to deny reentry on the grounds that the conditional residence was abandoned.

You should seriously consider the risks and necessity of taking lengthy trips abroad while the I-751 is pending. Proper planning and knowledge are key to minimizing the risks. If your 751 is pending, consulting with an attorney prior to travel is a smart step.

Travelling with a pending I-751

USCIS Form I-751: A Comprehensive Guide

Navigating the U.S. immigration process often feels like maneuvering through an intricate labyrinth. If you've secured a conditional green card through marriage, you're likely aware that the journey doesn't end there. The next pivotal step is filing USCIS Form I-751. This blog post is your comprehensive guide through every facet of this crucial form. From eligibility criteria to potential delays, we'll demystify the entire process to help you transition smoothly to unconditional permanent residency.

What is Form I-751?

Form I-751, officially known as the "Petition to Remove Conditions on Residence," serves a critical function in the immigration system. It's designed to transition you from conditional to unconditional permanent resident status. Initially, the U.S. government grants a 2-year conditional green card to individuals who have married a U.S. citizen or a permanent resident. This conditional status is a probationary period to verify the authenticity of your marriage. When this period ends, you must file Form I-751 to validate your marital relationship and secure a 10-year green card. It's not just a form; it's a crucial step in affirming your long-term status in the United States.

Who Can File Form I-751?

Determining who can file Form I-751 is straightforward yet incredibly vital. The primary candidates for this form are individuals who have been granted conditional permanent residency through marriage to a U.S. citizen or permanent resident. Let's break it down a bit:

• Married Couples:  If you're still married to the same U.S. citizen or permanent resident after two years, you'll file Form I-751 jointly. That means both partners participate in the process.
• Widows/Widowers:  If your U.S. citizen spouse has passed away, but your marriage was in good faith, you can still file Form I-751.
• Divorced or Annulled:  A trickier situation. You can file Form I-751 even if you're divorced, but you'll need to provide substantial evidence that your marriage was genuine and not a scheme to obtain a green card.
• Victims of Abuse:  If you or your conditional resident child experienced abuse or extreme hardship by your U.S. citizen spouse, you're eligible to file Form I-751 independently.

Eligibility isn't a one-size-fits-all scenario. Evaluating your circumstances carefully is crucial to ensure you meet the requirements. Doing so will set the stage for a successful petition to transition to a regular 10-year green card.

Who is the Petitioner?

The term "petitioner" often comes up in immigration discussions, and it's crucial to understand who this person is in the context of Form I-751. Simply put, the petitioner is the person seeking to remove the conditions on their residency—that's you, the conditional permanent resident.

Here's why this matters:

• Ownership of the Process:  As the petitioner, you're responsible for gathering all required documents, filling out the form accurately, and submitting it on time.
• Legal Accountability:  If there are errors or inconsistencies in the application, you, as the petitioner, must answer for them. That's why it's essential to be thorough and accurate.
• Signature Required:  The form must be signed by you, the petitioner. They'll also need to sign if you're filing jointly with your spouse.

Understanding that you are the petitioner underlines the importance of being proactive and attentive throughout the process. After all, the petition's success in removing conditions on your residency hinges on your actions.

Documents You Need

Collecting the right documents is like gathering the ingredients for a recipe; you need them all to create a successful outcome. For Form I-751, the paperwork serves as evidence to verify the authenticity of your marriage and other relevant details. Here's what you generally need:

• Completed Form I-751 : This is the star of the show. Make sure it's filled out accurately and completely.
• Copy of Green Card : Include a copy of the front and back of your conditional green card.
• Marriage Certificate : Essential for proving the legality of your marriage.
• Financial Records : Bank statements, joint tax returns, or any financial documents that show you and your spouse share financial responsibilities.
• Photos : Usually two, but we'll get into that in the next section.
• Divorce Decree or Death Certificate : Only applicable if you're divorced, or your spouse has passed away.
• Additional Evidence : Letters, emails, photos, or other evidence that can help prove your marriage is genuine.

You must complete even one required document to avoid delays or even a denial of your petition. Therefore, compiling a complete and organized set of documents is not just recommended; it's imperative for the success of your I-751 petition.

Photo Requirements

You might think photos are just a tiny piece of the puzzle, but they're more like the glue that holds it together. They serve as a visual verification of your identity and can be critical to the success of your I-751 petition. So, what are the guidelines?

• Quantity : Typically, you'll need to include two passport-style photos. These should be recently taken within 30 days of filing your Form I-751.
• Size : The standard size for these photos is 2 x 2 inches. Make sure your face appears clearly in the frame, and remember to write your Alien Registration Number on the back of each photo.
• Quality : High-resolution images are a must. The photos should be in color and have a white or off-white background.
• Expression : Keep a neutral face expression. No grins, frowns, or exaggerated facial expressions.
• Clothing : Wear everyday clothing. Uniforms, costumes, or hats that obstruct the face are not acceptable.

Taking the time to ensure your photos meet these requirements is more than worth the effort. After all, you want to put your best face forward regarding something as crucial as your I-751 petition.

Translating Documents

Language shouldn't be a barrier in the already complex immigration process. If any of your supporting documents need to be in English, you'll need to get them translated. The goal is to make it as easy as possible for the immigration officers to understand your situation. Here's how to go about it:

• Certified Translations : Ensure that the translations are certified. A certified translation includes the translator's declaration of accuracy and their credentials.
• Complete Translation : Partial translations won't cut it. The entire document must be translated, including signatures, seals, and other details.
• Match Original : The translated document should resemble the original as closely as possible regarding layout and format.
• Multiple Languages : If your documents come in multiple languages, each language will need its own certified translation.
• Include Originals : Always submit the original documents along with their translations. This provides a clear point of reference for comparison.

Translating your documents isn't just a bureaucratic requirement; it's essential to ensure that your I-751 petition is easily understandable and rapidly processed. Professional translation services can be a lifesaver for those who need to improve in this, ensuring accuracy and compliance with USCIS guidelines.

When to File

Timing can make or break your I-751 petition. File too early or too late; you could be in a bureaucratic limbo. Here's the lowdown on when to get your papers in:

• 90-Day Window : The golden rule is to file Form I-751 during the 90 days immediately before your conditional residency expires. Mark this date on your calendar and set reminders; it's that important.
• Early Filers Beware : Filing before this 90-day period could result in a rejected application. Patience is key here.
• Exception to the Rule : The 90-day window doesn't apply if you're filing on the grounds of divorce, abuse, or the death of your spouse. In these cases, you can file any time after you become a conditional resident.
• Late Filers : If you miss the deadline, all is not lost, but you'll need a compelling reason for the delay. This could be a medical emergency, unforeseen travel, or other significant life events. Documentation will be your best friend in these situations.

Being mindful of the timing can save you from unnecessary stress and complications. It's not just about filling out the form; it's about submitting it at the right time to ensure a smooth transition to a full-fledged green card.

Checking Status Online

In the age of instant information, waiting in the dark for your I-751 petition status is a thing of the past. USCIS offers an online tracking system that allows you to monitor the status of your application in real-time. Here's how to keep tabs on your petition:

• Receipt Number : After filing, you'll receive a receipt number. Guard this number carefully; it's your passport to track your application.
• USCIS Website : Navigate to the USCIS website and locate their 'Check Your Case Status' feature. Input your receipt number, and voilà instant update.
• Case Updates : Some people prefer a "set it and forget it" approach. If that's you, consider signing up for automatic case status updates via email or SMS.
• Contacting USCIS : If the online system needs to give you the information you need or encounter issues, you can contact USCIS directly for a status update. Just be prepared with your receipt number and other identification details.
• Legal Help : If you're finding it hard to navigate or encounter issues, immigration attorneys can assist in tracking and interpreting your case status.

Proactively monitoring your case status can save you a lot of uncertainty and guesswork. It enables you to take timely actions if there are delays or requests for additional information, keeping your petition on the right track.

Applying for Citizenship

Many people wonder if they can shoot for the stars and apply for U.S. citizenship while their I-751 petition is still in review. The answer is both yes and no, depending on certain conditions:

• Three-Year Rule : If you're still married to the same U.S. citizen through whom you gained conditional residency, you can apply for naturalization after three years of being a conditional resident.
• Pending I-751 : While it's technically possible to have both your naturalization and I-751 applications in the pipeline simultaneously, it does complicate matters. USCIS may only hold off on your naturalization application once they've made a decision on your I-751.
• Two Birds, One Stone : In some cases, your naturalization interview can also serve to remove the conditions on your green card. But don't bank on this; the two processes are generally separate.
• Legal Guidance : If you're considering this route, consult an immigration attorney. The interplay between I-751 and naturalization can be complex, and you'll benefit from expert advice.

Timing your citizenship application while an I-751 is pending can be like juggling—tricky but doable. Understanding the nuances is essential to avoid dropping the ball on either process.

What's a Biometric Appointment?

The term "biometric appointment" might sound like something from a spy thriller, but it's a standard part of the I-751 process. This appointment collects your fingerprints, photograph, and, sometimes, your signature. Here's what you need to know:

• Notification : USCIS will send you an appointment notice telling you where and when to show up. Missing this appointment can lead to delays or even denial, so make sure to mark your calendar.
• Documents : Bring identification, your passport or a state-issued ID, and the appointment notice.
• Duration : The process is usually quick, often taking up to 30 minutes.
• Family Members : If you included dependents in your I-751 petition, they must also attend a biometric appointment.
• Purpose : These biometrics serve multiple roles—they help verify your identity, conduct background checks, and are used for any subsequent immigration procedures.

While it may seem like a minor step, the biometric appointment is crucial in establishing your identity and background. Skipping or failing this step can create roadblocks in your path to unconditional permanent residency.

Where to Send the Form

Knowing where to send your I-751 form is like knowing the destination when you embark on a road trip. Send it to the wrong place, and you'll navigate a maze of delays and frustrations. Here's how to get it right:

• Filing Address : USCIS provides specific addresses based on your location. Always refer to the most current instructions on their website to determine the correct filing address for your application.
• Courier Service : If you're using a courier service, like FedEx or UPS, the address might differ from the standard postal service address. Double-check this to avoid misrouting.
• Lockbox Facilities : Some applicants might need to send their forms to USCIS lockbox facilities. These are secure locations where USCIS collects and begins the initial processing of various forms.
• Accompanying Fees : Remember to include the necessary fees, usually in the form of a check or money order, made payable per USCIS guidelines.
• Double-Check : Before you seal that envelope, ensure you've got everything—the completed form, required documents, photos, and the fee. An incomplete package can set you back.

Getting the destination right is crucial for a smooth journey through the I-751 process. Sending your form to the correct address ensures it gets into the right hands for timely processing.

Filing Costs

When filing Form I-751, knowing the costs upfront is like having a roadmap for a journey—it helps you plan and prepare. As of March 2023, here's the financial layout you should anticipate:

• Standard Filing Fee : The going rate for filing USCIS Form I-751 is $595. This isn't just for the form; it also covers the biometric services fee, including fingerprinting and photographs.
• Other Document Fees : Remember, you might need to shell out more for copies of marriage certificates, bank statements, or lease agreements. These are additional to the filing fee.
• Premium Processing : If you're in a hurry and want to speed up the process, you can opt for premium processing. It'll cost you  $2,500 , but your application will be processed in 15 calendar days.
• Legal Assistance : Hiring an immigration attorney is optional but can be a game-changer, especially for complex cases. Just remember, attorney fees vary and will be an added cost.
• Fee Waivers : If you're in a tight financial spot, USCIS may waive or reduce the filing fee. But you'll need to prove financial hardship for this.

Always watch the USCIS website or consult an immigration attorney for current fee information. Fees can change; the last thing you want is to be caught off guard.

Processing Time

The waiting game begins once you've submitted your I-751 form, and knowing how long you might have to wait can help set your expectations. Here's a general idea of the timeline:

• Standard Processing : On average, the standard processing time for Form I-751 ranges between 12 to 18 months. It's a broad range, but immigration processes are notorious for their variability.
• Premium Processing : If you opted for premium processing by paying the additional $2,500 fee, your application should be processed in 15 calendar days. However, this expedited timeframe doesn't necessarily mean you'll get a final decision in 15 days; it means the application will be reviewed and processed more quickly.
• RFEs and Delays : Sometimes, USCIS may request additional evidence (RFE), which can extend your processing time. Being prompt and accurate in responding to these requests can help you avoid unnecessary delays.
• Processing Centers : Different USCIS processing centers may have different processing times. Keep this in mind when tracking your application status.
• Case Status : Make it a habit to regularly check your case's status online. This way, you'll know immediately if any updates or additional information is needed.

Understanding the processing time can help you plan your life around this crucial period, whether for work commitments, travel plans, or other life events. While waiting may be inevitable, being caught unprepared isn't.

Why Delays Happen

The path to removing conditions on your green card can be challenging sailing. Sometimes delays happen, and the reasons can vary. Understanding what could slow down your petition can help you preempt issues. Here's what might be at play:

• High Volume of Applications : Sometimes, it's as simple as supply and demand. A high number of I-751 petitions can clog the system, leading to longer processing times for everyone.
• Incomplete Applications : If your application lacks any required elements—be it missing documents or an unsigned form—expect a delay. USCIS will issue a Request for Evidence (RFE), extending your waiting period.
• Background Checks : Security is a top priority, so in-depth background checks are standard. Any flags or inconsistencies can slow down the process.
• Errors or Discrepancies : Mistakes happen, but even minor errors in your application can result in delays. Double and triple-checking before submission can save you time in the long run.
• Legal Complications : Any legal issues, such as a criminal record, can add extra layers of scrutiny and time to your application process.
• Policy Changes : Immigration policies can change, sometimes abruptly, affecting the processing time for all pending applications.

Awareness of these potential speed bumps allows you to take proactive steps to avoid them or at least prepare for possible delays. It's all about minimizing uncertainties in an already complex process.

Traveling While Pending

The question of whether you can travel while your I-751 is pending can be a make-or-break issue for many applicants. After all, life doesn't stop just because you've got a form in the works. Here's what you need to know:

• Conditional Green Card : Your conditional green card remains valid until expiration. However, once you've filed your I-751, the countdown to this expiry stops, and you receive a receipt notice that extends your status for 18 months.
• Receipt Notice : Always carry your receipt notice when traveling, as it serves as proof that your application is pending and that your conditional status has been extended.
• International Travel : While you technically can travel abroad while your I-751 is pending, it's fraught with risks. Re-entry into the U.S. might be problematic if you don't have all your documents in order.
• Advisory : Consult with an immigration attorney before making any international travel plans. They can provide the most current and tailored advice based on your specific situation.
• Emergencies : If you must travel abroad for emergencies and haven't received your receipt notice yet, consult USCIS or an immigration attorney for guidance.

Understanding your travel limitations and rights while your I-751 is pending is crucial for planning business trips, vacations, or emergencies. It's all about balancing your life needs with the ongoing immigration process.

The Online Option: A Digital Route

In today's digital age, USCIS has adapted to offer more convenient filing options. So, yes, you can absolutely file Form I-751 online, and here's how to navigate this modern route:

• Platforms : USCIS offers two online systems for this purpose—USCIS Electronic Immigration System (USCIS ELIS) and USCIS Online. Choose one that suits you best.
• Account Creation : Before you can file, you'll need to create an account on the USCIS website. This is your gateway to the online application.
• Form Submission : Once your account is set up, you can fill out the application form online. It's user-friendly and usually provides real-time guidance.
• Document Upload : The system allows for electronic submission of all necessary documentation. Just ensure the digital copies are clear and adhere to any specified format.
• Fee Payment : No more checks or money orders; you can pay the filing fee online, making the entire process seamless.
• Traditional Mail Option : Of course, if you're more comfortable with traditional methods, you can still download the paper form, complete it, and mail it along with the required documents and fees to the designated USCIS address.

Filing online speeds up the process and offers instant acknowledgment and easier tracking. However, the choice between digital and traditional routes is yours to make. Both are valid; it's all about what makes you more comfortable.

When Denial Strikes: Next Steps

No one likes to think about denial, but it's wise to know your options just in case. A denied I-751 application isn't the end of the road; there are actions you can take to challenge the decision. Here's your game plan:

• Notice of Decision : If your application is denied, USCIS will send you a Notice of Decision detailing the reasons for the denial. Read this carefully to understand what went wrong.
• Motion to Reopen : One option is to file a "Motion to Reopen," where you present new facts or documentation that weren't considered in the initial decision.
• Motion to Reconsider : Alternatively, you can file a "Motion to Reconsider," arguing that the decision was incorrect based on the evidence and laws at the time of the initial review.
• Legal Counsel : This is where an immigration attorney can become invaluable. They can guide you through these complex processes and help you prepare the strongest case possible.
• Appeal : Some denials can be appealed to the Administrative Appeals Office (AAO). However, this is a lengthy process, and there are no guarantees of reversal.
• Re-filing : In some cases, it might be feasible to re-file the I-751 application, especially if the reasons for denial were due to errors or missing information that can be corrected.

Being prepared for all eventualities, even denial puts you in a stronger position. It gives you the knowledge and tools to act swiftly and decisively, which can make all the difference in such high-stakes situations.

Employment After Denial: Can You Still Work?

A denied I-751 application can feel like a punch to the gut, and one immediate concern is often about employment. Can you still work? What happens next? Here's what you need to know:

• Automatic Termination : Upon denial, your conditional resident status automatically terminates, and you become deportable. This impacts your eligibility to work legally in the U.S.
• Notice to Appear (NTA) : Typically, USCIS will issue a Notice to Appear in immigration court for removal proceedings. This adds another layer of complexity to your employment situation.
• Employment Authorization Document (EAD) : If you find yourself in removal proceedings, you can apply for an Employment Authorization Document (EAD) that might temporarily allow you to continue working.
• Legal Options : Consult an immigration attorney immediately. They can advise on whether it's prudent to inform your employer and what steps to take to maintain employment where possible.
• Court Decision : Ultimately, your ability to continue working may hinge on the outcome of the immigration court proceedings. A favorable decision could reinstate your conditional residency, allowing you to work.

Understanding your employment rights and options can help you take immediate and appropriate action. It's a stressful situation, but knowledge is power, and acting quickly under expert guidance can help you navigate this challenging period.

Is this section clear and informative? Ready to discuss what happens after your I-751 application gets approved?

The Afterglow: Post-Approval Steps

Getting your I-751 application approved is like crossing the finish line after a marathon. The sense of relief is palpable, but what comes next? Here's your roadmap for the post-approval phase:

• Permanent Green Card : The most immediate benefit of an approved I-751 is the upgrade from a conditional to a permanent green card. This gives you 10 years of uninterrupted residency before the next renewal.
• Notification : You'll receive an official statement of approval from USCIS, often followed by your new green card in the mail.
• Social Security Update : It's a good idea to update your status with the Social Security Administration. While not mandatory, it ensures that all federal records are consistent.
• Citizenship Eligibility : With a permanent green card, you're one step closer to eligibility for U.S. citizenship. If you're married to a U.S. citizen, this could be as soon as three years after receiving your permanent green card.
• Travel and Employment : With a permanent green card, travel and employment become significantly easier. No more carrying around conditional status extensions or fretting about renewals for a long while.

Post-approval, life becomes less about immigration paperwork and more about living your American dream. Still, it's crucial to keep tabs on any future immigration responsibilities to maintain your status.

The Interview Factor: Is It Required?

Regarding immigration processes, the word 'interview' can strike both curiosity and a dash of anxiety. Do you need to sit for an interview for the I-751 form? Here's the lowdown:

• Discretionary : Unlike some other immigration processes, an interview for the I-751 form is generally discretionary. This means it's optional.
• Criteria : If your case is straightforward, particularly if you're still married to the same U.S. citizen who initially sponsored you, you may not need to attend an interview.
• Preparation : If you are called for an interview, preparation is key. Carry all supporting documentation and be ready to sincerely answer questions about your marriage and intentions.
• Legal Counsel : Having an immigration attorney by your side during the interview can provide an added layer of security and confidence.

An interview is optional, but being prepared for the possibility is a smart move. This way, you're not caught off guard and ready to face the panel confidently.

Navigating the I-751 Labyrinth

The I-751 form is more than just a piece of paper; it's a pivotal step on your path to permanent U.S. residency. Each element plays a crucial role in shaping your American journey from filing to fees, from biometrics to potential delays. And while the road may sometimes seem convoluted, arming yourself with accurate and comprehensive information can turn the labyrinth into a straight path.

Whether you're a first-timer dealing with immigration forms or a seasoned veteran of the process, understanding the I-751 intricacies is invaluable. Because, at the end of the day, the goal is not just to live in America but to thrive here.

Knowledge is power, and we hope this guide empowers you to navigate your I-751 journey with confidence and ease.

Serkan is a seasoned expert in B2B marketing with an emphasis on delivering substantial ROI. For over a decade, he has been deeply involved in various projects, from B2B acquisition and conversion to content marketing, nurturing programs, and beyond.

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Follow up Questions and Answers from the USCIS’ Processing of Concurrently Pending Forms N-400 and Forms I-751 Webinar

On October 7, 2020, the Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) hosted a public webinar to discuss USCIS’ Processing of Concurrently Pending Forms N-400 (Application for Naturalization) and Forms I-751 (Petition to Remove Conditions on Residence). Subject matter experts (SMEs) from U.S. Citizenship and Immigration Services (USCIS) also joined this session and they committed to provide answers (in writing) to the additional questions from stakeholders after the webinar.

Below is the list of inquiries received from stakeholders with the responses from USCIS:

1. Unlike the I-751 processing times posted for each service center, the I-751 processing times for all field offices are reported as a collective range. Has USCIS considered changing the I-751 processing time to reflect the times at specific field offices, or is the processing time truly the same for all field offices?

USCIS Response: The Field Operations Directorate (FOD) will take this question into consideration to better reflect individual processing times for specific field offices. Another online tool to use for tracking the status of your case is the “Case Status Online” tool. The link to access this tool is https://egov.uscis.gov/casestatus/landing.do . It provides the status of an immigration application, petition, or request.

2. If an N-400 is denied because the I-751 was denied, but the I-751 is later reopened (either on a Service motion or approved Form I-290B (Notice of Appeal or Motion)) and approved, will USCIS reopen the denied N-400 without requiring another filing? If so, what action, if any, does the N-400 applicant need to take to have the N-400 reopened? Separately, if an N-400 is denied based on an I-751 denial, can both decisions be addressed during an N-336 (Request for a Hearing on a Decision in Naturalization Proceedings Form) hearing?

USCIS Response: Due to the nature of USCIS processing, all applications, petitions, and requests are handled on a case-by-case basis.

CIS Ombudsman Note: The CIS Ombudsman’s office assists individuals and employers in resolving case problems with USCIS. While we do not advocate for a particular outcome, we seek to promote a fair and consistent process. If you believe that USCIS has taken an inconsistent action on your case, and you are seeking to learn more about the specific facts that were considered, you may ask the CIS Ombudsman’s office to assist by submitting a request for case assistance. It is important to note that we are an office of last resort and we ask that you attempt to resolve your issue with USCIS prior to contacting our office for assistance. In addition, submitting a request for case assistance is never a substitute for legal recourse; individuals and employers must timely file Motions to Reopen/Reconsider and appeals to preserve their rights, even after making a request for case assistance to the CIS Ombudsman office. For more information on how to submit a request for cases assistance with the CIS Ombudsman’s office and what to include with your request, please visit the following link: www.dhs.gov/case-assistance .

3. For USCIS field offices currently conducting same-day naturalization oath ceremonies, will a pending I-751 frustrate the office's ability to conduct a same-day oath ceremony if both forms are approved on the day of the interview?

USCIS Response: Adjudicating an I-751 and N-400 should not delay a same-day naturalization oath ceremony if one is available and all requirements for both the petition and application are met.

4. Are the spouses of Department of Defense (DoD) civilians stationed overseas on “permanent change of station” (PCS) orders (where the spouse is listed as a dependent on the order) able to meet the three-year requirement for naturalization while stationed overseas?

USCIS Response: A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize. Consequently, a conditional permanent resident spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence. For more information on requirements while overseas, please refer to the USCIS Policy Manual at https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5 .

5. Will an I-751 petition automatically be ineligible for an interview waiver if the petitioner has an N-400 pending?

USCIS Response: No.

CIS Ombudsman Note: On November 30, 2018, USCIS revised its I-751 interview waiver guidance. Please refer to the following link: https://www.uscis.gov/sites/default/files/document/memos/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf .

6. Does the notice for an I-751 interview state the evidence that the petitioner must bring to the interview? Also, where can petitioners send additional evidence for the I-751 after receiving the receipt notice?

USCIS Response: If USCIS needs additional evidence on a Form I-751, we will issue a Request for Evidence (RFE). In general, a conditional permanent resident should wait to receive the RFE before submitting additional evidence to ensure that it is matched with the Form I-751 in a timely manner. However, if the conditional permanent resident needs to change the basis of filing on the Form I-751 (for example, the individual’s marital situation has changed), the conditional permanent resident can mail that request along with any supporting evidence and a copy of the Form I-751 receipt notice to the office that is currently processing that individual’s Form I-751.

7. I-751 petitioners requesting a waiver of the joint filing requirement are instructed to select all applicable circumstances when asked to explain why they are unable to file a joint petition. However, the I-751 approval notice does not identify the basis for the approval (e.g., battered, or was the subject of extreme cruelty, by U.S. citizen or Legal Permanent Resident (LPR) spouse). As this may have an impact on when the individual is eligible to file for naturalization, how can I-751 petitioners learn the basis for approval of their Form I-751 when more than one reason was selected on the form?

USCIS Response: If USCIS approves the Form I-751 because the individual has established eligibility for a waiver of the joint filing requirement due to abuse or extreme cruelty, the approval notice will include the following language: Your request for the removal of the conditional basis of your permanent resident status has been approved as a waiver of the joint filing requirement under the Immigration and Nationality Act (INA) section 216(c)(4)(C).The approval notice will not include this sentence if your Form I-751 was approved because the individual established eligibility as a joint filing or under one of the other waiver provisions.

8. If an individual relocates while an I-751 and/or N-400 is pending, is there anything he or she should do to inform USCIS of the move, besides filing Form AR-11 (Alien’s Change of Address Card)?

USCIS Response: There are a few different ways an individual can update their address with USCIS depending on their individual situation. It is best to review the instructions on the How to Change Your Address page of our website to determine which process best applies.

Most individuals can change their address in two ways:

• Through your existing USCIS online account  if you filed your form online; or
• Filing Form AR-11, Alien’s Change of Address Card, online using the  Change of Address page . Filing Form AR-11 online will update your address on all pending applications, petitions, or requests that you include the receipt number for. 

USCIS Note: You do not need to mail a paper Form AR-11 if you use one of the above.

Please Note: You cannot use option 1 or 2 above to change your address with USCIS if you requested a waiver of the Form I-751 joint filing requirement because you and/or your conditional resident child were abused. Please visit https://www.uscis.gov/addresschange and follow the instructions found under “Form I-751 Abuse Waivers” instead. 

Additionally, individuals should update their address with the United States Postal Service (USPS) to ensure there are no delays with their mail

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Home » Form I-751 Processing Time

Form I-751 Processing Time

Steps in the uscis process.

• Receipt Notice
• Biometrics Appointment
• I-751 Interview Appointment
• Skip Ahead to Citizenship

I-751 Processing Statistics

• USCIS Rejections
• Historical Processing Times
• Backlog of Cases

Total I-751 Processing Time

1. receipt of petition, approximately 4 to 6 weeks after filing.

If you are a condition resident, you'll file Form I-751, Petition to Remove Conditions on Residence , in the 90-day period before your card expires. If properly filed, U.S. Citizenship and Immigration Services (USCIS) will initially respond by mailing you a receipt notice that confirms receipt of your petition. Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 4 to 6 weeks after filing. If you did not properly file your Form I-751, USCIS will send a Notice of Action to reject the petition. A rejection will significantly delay your request and overall I-751 processing time. Thus, it's important to prepare the removal of conditions petition package correctly and submit all required supporting documents. Learn how .

Save your I-751 receipt notice. It contains your 10-digit receipt number. You can use this receipt number to check your case status . If you didn’t receive a Notice of Action, you can make a case inquiry .

The receipt notice will also extend your conditional residence for an additional 48 months while USCIS reviews your case. To prove your conditional resident status, you’ll need to carry your expired green card and the receipt letter. Together, you'll be able to reenter the U.S. after travel abroad, accept employment, or anything else that you could do with a normal green card.

I-751 Rejection Statistics

Source: USCIS FY2023

2. Biometrics Appointment

Approximately 8 to 12 weeks after filing.

Next, USCIS mails an appointment notice that assigns your biometrics appointment date, time and location. (The location will generally be the USCIS Application Support Center nearest you.) USCIS requires applicants to be fingerprinted for the purpose of conducting a security clearance and criminal background check. Don’t be alarmed — It's normal for the conditional resident to have a have a background check.

The USCIS biometrics appointment , also known as a biometric screening, is generally a short appointment (less than 20 minutes) so that USCIS can collect your fingerprints, photograph and signature. Your appointment notice will tell you what you need to take to the appointment. Expect to take some form of government-issued photo identification to enter the building. USCIS can accept ID documents such as:

• Passport or national photo identification issued by your country
• Driver’s license
• Military photo identification
• State-issued photo identification card

This is not an interview. The appointment’s purpose is to collect your biometrics information only. Try to attend the appointment as scheduled. Rescheduling the biometrics appointment will lengthen your the I-751 processing time. If you think you might have a criminal record (even a DUI), contact an immigration lawyer before going to a biometrics appointment. Some crimes will make you ineligible for immigration benefits.

I-751 Historical Processing Times at USCIS

The graph below illustrates median processing times (in months) for the previous 10 fiscal years. There's been a fairly steady increase in the time it takes USCIS to process petitions to remove conditions on residence. With more demanding requirements and an increasingly complex form, USCIS has failed to keep I-751 processing times within a reasonable range.

Source: USCIS

3. I-751 Interview Appointment

Approximately 14 to 24 months after filing.

There is a requisite USCIS interview after filing Form I-751. But USCIS may waive the interview at it's discretion. This is an important reason to file a complete and well-prepared I-751 package with strong evidence of a bona fide marriage. It's increases your chances that USCIS will waive the interview. Learn more about avoiding the I-751 interview .

Should USCIS schedule you and your spouse for an interview, the appointment notice will arrive by mail as another Form I-797, Notice of Action. USCIS will schedule the I-751 interview at a USCIS facility near you, and it probably will last less than 30 minutes. Make every attempt to attend the scheduled interview time. Rescheduling an interview will add several weeks to the I-751 processing time.

If USCIS approves your petition, they will mail a 10-year green card to you. If your petition is denied, USCIS will mail you a notice explaining the reasons for the denial. This is very serious. Denials are typically due to insufficient supporting documentation, but there can be other reasons. Although you may not appeal an I-751 denial, you will likely have the opportunity to go before an immigration court for removal (deportation) proceedings. This is an opportunity to correct the problem.

I-751 Backlog Report

The graph below shows the number of open cases at the end of each fiscal year. There is an unprecedented number of I-751 cases in the backlog. If unaddressed by USCIS, more backlog can contribute to longer processing times for future petitioners.

4. Skip to Naturalization

Approximately 18 to 24 months after filing.

Your time as a conditional resident counts for the purposes of U.S. citizenship. You may be able to apply for citizenship while Form I-751 is pending.

As processing times grow, many conditional residents are finding they are also eligible to naturalize as U.S. citizens on a basis of 3 years marriage to a U.S. citizen. Conditional residents with a pending Form I-751 may file Form N-400, Application for Naturalization , provided they meet the eligibility requirements. What's more, USCIS will often schedule the I-751 and N-400 interviews together and adjudicate both forms at the same time. You could skip the 10-year green card and become a U.S. citizen.

Review Requirements for Naturalization with 3 Years of Permanent Residence

USCIS processing times for Form I-751 have become exceedingly long. Remember, the receipt letter will extend your conditional residence while you wait. If you've filed correctly, your status is covered. You may continue to accept employment in the United States and travel outside the United States (for periods less than one year).

Although the steps that take place are fairly consistent, the Form I-751 processing time will vary based on the USCIS case load, the USCIS office where you filed, and your ability to properly file a petition package with strong evidence of a bona fide marriage.

If you did not receive your 10-year green card in the mail, you can make a case inquiry .

CitizenPath Helps Optimize Your Processing Time

How long does it take to remove conditions on residence.

Our goal is to help you remove conditions and get your 10-year green card. And our customers generally experience some of the best I-751 processing times because of our approach. Our objective is to help you prepare a petition that exceeds the minimum requirements and is sufficiently documented to avoid RFEs and denials. Our system was designed by experienced attorneys. Yet, we offer an affordable online system to prepare your petition and guarantee USCIS approval.

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• USCIS Forms

What happens after submitting your I-751 – Petition to Remove Conditions?

The USCIS provides “conditional permanent resident status” and a two-year green card to immigrants married to a Legal Permanent Resident or United States Citizen. Those who wish to attain their status as a Lawful Permanent Resident must file the Form I-751 – Removal of Conditions Application . Now, what happens after you submit your Form I-751?

Receipt of Application

Within three weeks from submitting your I-751, you will receive a receipt by mail. This receipt will confirm the USCIS has received your form and has begun normal processing. This receipt is called Form I-797 – Notice of Action . It also serves as an extension to your conditional residence for a year while your I-751 is being processed. It will come with a ten-digit number that you can use to check the status of your application . Both the I-797 and expired green card are necessary to prove conditional residency status. You should also get an extension stamp or an I-551 stamp in your passport. You can get these from your regional USCIS office. To read more about that, check out this article . Should USCIS reject your application or need more information, they will send a Notice of Action or Request for Evidence.

Biometrics Appointment

>> What Happens at the Biometrics Appointment?

Within four weeks of filing, you will receive a notice detailing a biometrics appointment. The notice will include the  USCIS office where you will appear, the time of appointment, and the date. At your biometrics, you will record your fingerprints, photograph, and signature. (Keep in mind that although you may travel  after having submitted your forms and are waiting for USCIS response, it is crucial you attend your biometrics appointment) The appointments are approximately 30 minutes, and your notice will provide details on what you will need to bring. Learn more about the biometrics appointment .

Within 5 months of your biometrics appointment, you won’t receive any further notices unless the information provided previously was unsatisfactory or needs to be re-recorded or re-submitted for any other reason.

Appointment Notice for Interview

>> How To Pass A Marriage Green Card Interview

Within 6 months , some applicants will receive an interview requirement notice. If you submit your own I-751 form, it will take 6-8 months to process; however, if your spouse submits the waiver application, it can take up to 12 months. A waiver application undergoes a more stringent screening process and often requires an interview. If the waiver application is accepted as legitimate, they will not feel a confirming interview is necessary. This is why providing valid proof of relationship (e.g. a marriage license) is important when submitting your I-751. Should you be asked to attend an interview, preparation counsel from an attorney prior to the interview is recommended. If you have used Simple Citizen and would like to schedule a call with our legal team, reach out to us at [email protected] .

Petition to Remove Conditions granted and green card issued

Within 8 months , your application should be fully processed, and your Petition to Remove Conditions granted and green card issued. Keep in mind that the time frame is different for each form, and the entire process may take up to a year. (Remember, you can check your application’s status here .) If your mailing address changes after you’ve submitted your I-751, you should call USCIS at 1-800-375-5283 to change your record. If you feel like your form request has extended beyond the regular processing time, visit this USCIS website .

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I filed an I-751 before 18 days of my green card expiration date, what do I need to do if my green card expired but not receive the receipt of notice? Thank you very much.

I filed an i-175 before 11 months u see case is ready to be schudale for an interview 7 months ago still now i am not recieving any apointment how long time taken to interview after case is ready to be schudale for an interview for interview thank you.

I did file the form 19 months ago and still wait for an interview now ;((

Same here.I filed I-751 last year July and I checked the status this year and it said I will be notified for an interview in January 2020. It’s September now and I still haven’t heard anything 😓. Probably the pandemic has caused the long delay

I mailed a complete and full application to USCIS about 6 weeks ago, I also see that USCIS has deducted the fee from my account (using the check that I had sent) but we still haven’t received any receipt from USCIS . I can understand that things might be slower during Covid19, but wonder if anyone else had this issue or is it normal during these times?

I have exactly the same problem

Hey did you received the receipt? I submit on the 13 of September and still haven’t received my receipt

Hey Umer K did you receive your receipt? I have the same problem

Yes, everything is still normal ,I was called for finger print after 4 months of submission and it has been 10 months now, ao don’t panic. If you call they will tell you that your case is still withing specified period.

I submitted my i-751 on May 16 and I received an i-797C which is a receipt, but it doesn’t say anything about a 12 or 18 month extension. It just says that I don’t have to do biometrics and that my case is processing. I called and they said that I should have received my i-797 receipt by now so they gave me an email address to get more information, but the email didn’t work. Does anyone know what I should do now?

Probably It means you will receive your green card in the mail by year end without an interview.

The Extension usually comes after that receipt. It might take sometime, especially with the pandemic.

How can I schedule appointment I want to travel with my 18months to renew my international passport and to see my dad how do I go about it

I file i751 received 18months extension from uscis. And I used it to travel along with my passport n expired green card. Keep the extension with you all the time when traveling

It’s the one that proved you can travel

I’ve been waiting since Feb 2019, still waiting for interview. It is absolutely ridiculous. Just do interviews over Zoom.

I submitted my i-751 on March 2018 On March 2019 my case was transferred a new office. November last year I went to the immigration office to extend my visa.

My visa expires in November 2020. What I have to do?

Hi Marcos . I have the same problem I submitted my I-751 on Aug 6 2018 and they transferred my case on November 13 to another office until now I didn’t get anything I kept calling them they say you have to wait . Did you get anything yet.

I submitted my application on September 14 2020. One week later I got my Notice with 18 month extension. I was surprised it took only 1 week for me to receive this letter. I fell like the biometrics and interview will take longer.

I honestly thought it was an error on their part because I sent the completed application to remove conditions from permanent residency, sent the entire amount including biometrics fee by money order and yet I received a notice that I have been given an 18-months extension on green card. I was freaking out a little because I was wondering if they just stole my money and gave an extension. Ridiculous!

I also filed the form I-751 with the Texas field office on September 1, 2020 The form received by USCIS on September 10, 2020. I received the form 797 with the 18 months extension within 7 days. Until today October 22 have no other notice for biometrics.

Did you file with or without a lawyer?

I filed alone. I wait for biometrics appointment Nov. 28, 2020

You need to update your timeframes. My I-751’s 18-month extension is expiring next month (Oct 2020) and we have been waiting for an interview since March 2020. I-751 application was filed February 2020. Now we need to go to USCIS using Infopass to obtain a I-551 stamp because it is taking so long. In the meantime, we also applied for Naturalization, N-400 and filled several inquiries through the USCIS website.

My green card expired on July and I sent all my paperwork. Now I’m pretty much waiting for them. Does somebody know if I can get an special document to travel overseas to see my family while I’m waiting? Thank you.

You can try the form I-551 its a stamp for your passport

A question for the website owner. Kindly advice if this application of I-751 is the correct form for my statues, as I have been married to an American woman for 21 years, and due to my business out of the US I never applied for a Green card, except that my (X) filed it then at the time of marriage on my behalf but we never proceeded, with the application for my busy schedule at the time. several times I had visited the US and I asked the immigration department they side that I’m eligible to have a Green card and citizenship, The question is, I have divorced my X after that period of time 21 years, will I be able to apply now since I’m now 58 years of Age? and if this is not the correct form what form should I be using for filling of such?. Thank you

Complicate case. My advice is: talk to an immigration attorney.

I did. And she said:”just wait!”.

I forgot to submit all the evidence along with the I-751 form. Can I still send them supporting documents? Do they still take my application? Do I loose my money? Thanks!

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A Guide to Applying for Citizenship With an I-751 In Process

The Conditional Lawful Permanent Resident status issued to US immigrants has some benefits, including making you eligible to apply for US citizenship. You would have to go through the Naturalization process within three years of obtaining your conditional green card.

However, the question on the minds of every U.S citizen is if conditional resident counts and you can pursue the process while I-751 is pending for naturalization interview in the official government organization.

This article will answer questions on many conditional residents’ minds regarding Form I-751.

Can You Apply for Citizenship While Waiting for My Green Card?

You can apply for citizenship even if your I-751 is pending and you’re yet to receive your green card. However, the USCIS won’t approve the N-400 if the I-751 isn’t approved. Nevertheless, you can fill out the form and submit it while you wait for your green card, provided you meet the eligibility requirements.

Can I Apply for Naturalization Before Removal of Conditions Approval?

The USCIS generally requires that the removal of conditions must be approved before an immigration officer adjudicates the naturalization application. However, nothing stops you from applying for the naturalization USCIS processing provided you are eligible.

Furthermore, some CPRs may be eligible for naturalization without having the conditions removed or filing a petition. Those people include those who are married to a US citizen employed and on the basis of qualifying military service.

How Long Does It Take to Apply for Citizenship after Removing the Conditional Green Card?

You can apply for citizenship after removing the conditions on your green card within 90 calendar days before completing your permanent residence requirement. You can apply provided you’ve been a conditional green card holder for at least 5 years or three if you’re married to a US citizen.

Can I Apply for U.S. Citizenship While My I-751 Is Pending?

You can apply for a US green card while your form I-751 is pending adjudication with the United States Citizenship and Immigration Services.

However, to be eligible to apply, you’ll need to submit the Application for Naturalization form – Form N 400 while you wait for the review of every government information provided for you and your U.S citizen spouse. Nevertheless, understand that the USCIS won’t approve the form without first approving the I-751.

What Is a Conditional Permanent Resident Status?

A permanent resident status by marriage is said to be conditional if the marital union is less than two years on the issue date. The conditional resident is issued Form I-551, a two-year valid Permanent Resident Card.

The conditional permanent resident also needs to file an I-751 petition with their petitioning spouse. Then, they’ll need to submit it to the USCIS within 90 days before the conditional residence expiration date.

What Is the Requirement for Continuous Residence?

A continuous resident is one who has maintained residence with the US for a specified period. The requirement for lawful permanent residents married to a US citizen is three years; you must be a lawful resident for at least three years.

Also, you must have been married and living with the same U.S. citizen spouse in those three years at the time you file for naturalization.

Can I Apply for U.S. Citizenship if My Petition to Remove Conditions Is Still Pending?

You typically need to file Form I-751 at the local USCIS office or gov. websites to remove the conditions on your residency 90 days before expiration. The USCIS often delays adjudicating the petitions, but it made provisions for applicants to continue working even after your card expires.

However, you can apply for US citizenship while the I-751 petition is pending, provided you are eligible.

Can You File Form N-400 Application Without an Approved I-751?

If you qualify for the naturalization process based on the sensitive information provided, you can file Form N-400 with your I-751 receipt notice and a cover letter. The letter should explain that you want to naturalize under the nationality act, Immigration and Nationality Act Section 319(a).

You will be scheduled for a naturalization interview where the United States Citizenship and Immigration Service will decide on your I-751 petition after ensuring you are safely connected with your spouse, and then your N 400 application if the former is approved. You can access these dates for the same interview on secure websites provided by the government.

Hire Herman Legal Group Today!

Do you have an I-751 petition that is pending on concurrently pending forms that have not been attended to? You don’t need to get swayed by any of the attorneys advertising out there claiming they can help with your I-751 petition. What you need is an experienced immigration attorney, and that is what Herman Legal Group offers.

We can help you handle everything that has to do with being a citizen in the United States; all you need is to contact us and schedule a consultation with any of our attorneys today. You can schedule a consultation via +1-216-696-6170. Alternatively, you can schedule a consultation with Richard Herman by booking online .

Applying for forms I-751 and N-400 with the USCIS can be a locked padlock when it is still pending, which is why we recommend an experienced immigration attorney to help you, as the spouse, review the general information needed for filing. For example, it may happen that the USCIS did not transfer your I-751 to the office with your N-400 form for filing.

You won’t be able to continue with the filing process unless the problem has been rectified; an attorney-client relationship will help. Hiring a law firm with an attorney advising to look into the matter may be your best option.

At Herman Legal Group, Your Future Matters Most Call now to request a consultation

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• Removing Conditions on Residency General Discussion

Travel while I-751 is pending

By Mon Ami February 11, 2011 in Removing Conditions on Residency General Discussion

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9 posts in this topic

Recommended posts, mon ami   0.

I have 2 questions regarding traveling while I_751 is pending.

1) Do they take away your 2-year conditional green card at the biometric appointment?

2) Can you use your NOA as a 1-year extension to re-enter USA?

12/13/07: Met for the first time

1/4/08: Began dating

1/18/09: Got engaged

5/26/09: Holy matrimony

6/3/09: I-130 & AOS sent via FedEx Express Saver

6/5/09: Package received by USCIS Office - signed by A. Ainalakis

6/11/09: Checks for I-130 and I-485 cashed

6/15/09: NoA received were received for I-130, I-485 and I-765 (they were all dated 6/10/09)

7/7/09: Biometric date (completed on 7/2/09)

7/21/09: Interview date notice received (notice dated 7/15/09)

7/24/09: EAD card production ordered (whatever it means)

8/6/09: EAD card received in mail at last (it was mailed out on 7/30/09)

9/10/09: Interview passed after 10 minutes!!!

9/14/09: Received Welcome Notice in mail

9/21/09: Finally received the CARD that I have been looking for many many years

6/10/2011: Removal of condition

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1. No, they don't take your 2 years greencard at the biometric appointment.

2. Yes, as it states that you have 1 year extension for authorize employment and travel. But I suggest if you have any plans leaving the U.S for a tour, get the I-551 stamp on your passport specially if you are leaving with an expired 2 years greencard or will be expired by the time you come back. Also, if you leave the country, don't make it too long for they might call you for an interview that I'm sure you don't want to miss.

Brother Hesekiel   2,235

Hello, I have 2 questions regarding traveling while I_751 is pending. 1) Do they take away your 2-year conditional green card at the biometric appointment? 2) Can you use your NOA as a 1-year extension to re-enter USA? Thanks.

No, they do not take your Green Card away. Your Green Card has your photo on it and a magnetic code and lots of information about you, and the NOA1 has none of that. The Green Card extends the validity of the Green Card and both go hand in hand and thus belong together.

You will not be able to get an I-551 stamp in your passport, simply because you have a valid I-551: your Green Card, now extended for another year.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Eric-Pris   1,602

My wife's GC expired in mid December. She traveled abroad in January with no problem. She didn't even show the extension letter. They just looked at her green card and gave it back to her. Even at POE (JFK), they didn't ask for the letter. Her 10-yr GC was just approved a week ago, but maybe they saw on their system that she had applied for ROC.

I would bring the expired GC (no, they don't take it at biometrics) and the extension letter. It would be great if you can get one, but you won't need a stamp in your passport.

Kar_98   10

No, they do not take your Green Card away. Your Green Card has your photo on it and a magnetic code and lots of information about you, and the NOA1 has none of that. The Green Card letter extends the validity of the Green Card and both go hand in hand and thus belong together. You will not be able to get an I-551 stamp in your passport, simply because you have a valid I-551: your Green Card, now extended for another year.

• 3 years later...

modmodgirl   2

Hello, we are traveling in three weeks while waiting for the I-751. We sent the package two weeks ago.

1. His green card expires in Sept. but we will return in August. I don't think we need an info-pass stamp in his passport?

didopage   337

Hello, we are traveling in three weeks while waiting for the I-751. We sent the package two weeks ago. 1. His green card expires in Sept. but we will return in August. I don't think we need an info-pass stamp in his passport?

No, just the green card and the original 1-year extension letter. Even after his green card expires, he will still need the expired GC + letter to travel.

There is absolutely no need for a stamp in his passport if he still has his GC, expired or not. A stamp = a GC.

Don't forget about the biometrics appointment. He has to do it. Hopefully he will get an appointment before leaving...

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS / EAD /AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

• 1 year later...

NoelAnne   62

Probably a stupid question but when or how do you get the extension letter that has been mentioned. I won't be submitting my 751 until mid February 2016 but was just looking at the processing times and they're longer than I anticipated! I had thought it would be processed within the 90 days. Silly me, I should remember my experience with the CR1! I want to go home to Ireland in May next year! ?

Married 2013/05/24

.i130 sent. 2013/05/25.

NOAI rec'd. 2013/06/12.

Transferred to TSC. 2013/12/27.

NOA2 rec'd. 2014/01/27

NVC Rec'd 2014/02/11

IIN &case no. rec'd 2014/03/19

DS261submitted 2014/03/21

AOS invoice ready 2014/03/24

Ds260submitted. 2014/04/09

I130 in transit to embassy as per CEAC 2014/04/09

I130 rec'd in embassy 2014/04/11

Email with interview date 2014/04/11

letter with interview date and instructions 2014/04/15

Interview scheduled for 2014/04/29

VISA APPROVED!!! 2014/04/29.

Visa issued. 2014/05/02

Flight to Seattle. 2014/05/14!!!!

I129 sent. 2013/06/17NOA 1 rec'd. 2013/06/29NOA 2 rec'd. 2014/02/10NVC rec'd. 2014/02/11Rec'd by embassy. 2014/02/27Email from embassy with case no. and telling me how to proceed 2014/03/01Ds160 submitted online 2014/03/01medical scheduled for 2014/03/28Medical report received by embassy 2014/04/02Ceac status updated to ' READY' 2014/04/03 ( waiting for interview to be scheduled)Ceac status updated again!! 2014/04/08I129 will be closed and i130 being processed, 2014/04/09

TBoneTX   43,131

The extension letter ought to arrive in decent time. No one can say exactly how long; you might scroll around to relevant threads to see what the pattern is.

[Moderator hat on]

Thread from 2011 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC , 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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While Your Green Card Application Is Pending with USCIS

If you already submitted a Form I-485, Application to Register Permanent Residence or Adjust Status , and your case is pending with USCIS, here is some useful information to know.

Updating Your Address with USCIS

If you move, you must update your address with USCIS within 10 days of moving to the new address . If you do not update your address, you may not receive important notices about your case. Changing your address with the U.S. Postal Service   will not update your address with USCIS. Go to our Change of Address Information page to learn how to update your address with us.

Case Processing Times

You can check the average time it takes for a particular USCIS office to process a Form I-485. Go to our USCIS Processing Time Information page for more information.

If you applied for an employment-based Green Card, you can also go to our Immigration and Citizenship Data and Questions & Answers: Pending Employment-Based Form I-485 Inventory pages for more information.

Case Status Updates

If you want a case status update about your application, you can:

• Go to our Case Status Online page and use your Form I-485 receipt number to look up your case status.
• Submit a case inquiry  if you think your application is outside of our normal processing times.
• For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.

If You Need to Travel

If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document , for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents  page.