SB1 - returning resident determination DS-117

1AurCitizen said:
Was marriage the basis for the conditional GC?
Though unlikely, is the i-551 stamp still valid? Any chance the original, watermarked i-797 receipt not past it's 12-mo/18-mo expiration date?
What were the reasons given to deny you boarding?

In a majority of cases, the i-751 is adjudicated within two years. Either approved, denied, or an RFE issued. You could check the status on USCIS' site using the case number found on the i751 receipt.
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Received the conditional GC through marriage . Then got divorced so filed an I-751 on joint filing waiver which is still pending . I-551 stamp received on 03/2017 expired on 03/2018 . Original I-797 receipt- received dated 07/2018 - Says valid for 18 months . I Left US on Aug 2017 .

Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
 
SusieQQQ said:
To clarify - you filed i751 from India almost a year after you left the US? After your i551 stamp expired even?

I’m not surprised you are not being allowed to board, it’s obvious from your documentation you’ve been out of the US longer than a year and the airlines know what that means, I personally have now been asked and know of others who are asked how long they have been out the US. They are definitely following the presumption of abandonment. Also afaik the i551 stamp still needs to be valid with i797 too? But I stand corrected on that one.
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Yes , that's correct and airlines are definitely looking at travel dates . What do you suggest is the solution to this . I have legal status right now its just the lack of a proper document to travel .
 
user1212 said:
Received the conditional GC through marriage . Then got divorced so filed an I-751 on joint filing waiver which is still pending . I-551 stamp received on 03/2017 expired on 03/2018 . Original I-797 receipt- received dated 07/2018 - Says valid for 18 months . I Left US on Aug 2017 .

Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
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You filed the i751 in July 2018? And have the original, watermarked i797 receipt valid until January 2020?
 
SusieQQQ said:
To clarify - you filed i751 from India almost a year after you left the US?

Also afaik the i551 stamp still needs to be valid with i797 too? But I stand corrected on that one.
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Pakistan, I presume based on the sub-forum posted in.

An ROC-pending traveler has to either present a valid i551 stamp in the passport, OR both the expired green card AND an unexpired i797 letter.
 
Currently possess the original I-797 which states -
Received Date - 07/09/2018
"Your conditional resident status has been extended for 18 months from the expiration date of the form I-551 / G. Card …….. "

Expiration date of my I-551 passport stamp is - 03/16/2018
 
1AurCitizen said:
Pakistan, I presume based on the sub-forum posted in.

An ROC-pending traveler has to either present a valid i551 stamp in the passport, OR both the expired green card AND an unexpired i797 letter.
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Ah sorry, I picked it up on the what’s new page without checking. Thanks for clarification.



user1212 said:
Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
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Why would you doubt their claim to have contacted US authorities? I believe that is exactly what they do when they are unsure of a case. Remember they bear the cost and get fined if they allow you to board unauthorized.
 
user1212 said:
Yes , that's correct and airlines are definitely looking at travel dates . What do you suggest is the solution to this . I have legal status right now its just the lack of a proper document to travel .
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I would dispute you have legal status personally, you have been out of the US longer than 12 months without a re-entry permit. The presumption is that you have abandoned your green card. If you strongly feel you have legal status then you should feel comfortable applying for SB1.
 
user1212 said:
The original G.C expired a while long and it took extremely long for them to process the I-751 . Do you think you can suggest any thing in my case other than an SB1 visa ?
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I don't understand why you are being so cagey about dates. Was the i751 filed within the required timeframe? It doesn't seem to be so from what you posted but you haven't given the dates.

Out of interest, have you been filing tax returns every year since you got your initial GC all the way till now?
 
user1212 said:
The original G.C expired a while long and it took extremely long for them to process the I-751 . Do you think you can suggest any thing in my case other than an SB1 visa ?
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What is a long while?

You want answers? Try being cooperative on this forum for the most relevant advice!

What is the conditional GC expiration date?
 
1AurCitizen said:
What is a long while?

You want answers? Try being cooperative on this forum for the most relevant advice!

What is the conditional GC expiration date?
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Please explain to me first what does any of this have to do with the expiration date ? An I-751 is filed after the expiration of a green card and since the card is expired that's why an I-751 is issued . And since USCIS has accepted an I-751 application and issued a valid I-797 receipt that means it has been filed properly and in a timely manner . All taxes have been filed right from the beginning .
 
Actually, @user1212 is correct that the dates are meaningless, but not for the reasons he thinks. The crux of the issue is that LPR status has been abandoned by remaining out of the US longer than a year without a re-entry permit. Waving the i797's expiration date does no more good than waving a technically unexpired green card around after more than a year's absence. An expiry date on a document does not automatically confer legal status. I guess CBP wised up to all the various forum advice to people about "come anyway and force an IJ to make the decision", especially when everyone knows it's basically a free pass with the IJ courts so backlogged, and that's why they are now checking length of time out, as this user confirmed too. So basically it's SB1 or stay home.
 
zane1er said:
ds-117

I would like to ask you about the possibility of my wife getting an approval on a DS-117 under the following circumstances:
My name is jose and am a little nervous about filling out the ds-117 due to not wanting to be rejected........

I came to dominican republic to see my son and family and during that time, at the 11th month of being here i rented a car for a family purpose....
The vehicule that i rented got damaged and the rent a car tried to charge me an amount of money that i didnt have, they stood with my papers until i could get the money, since i was only 18 years old at the time and didnt really know better, i decided to try and get the money to pay them, since the amount was too much, the 2 years passed and when i went to the embassy, they told me to fill out that form..........

My only problem is that i got no type of paper work for that case to prove it......
Any advice?
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your post was 2014 but now 2020.so my question is like what was their final decision about you?
 
Hello Everyone,

Myself and my family were immigrated on permanent residents visa last yer May 2019. We maintained our financial ties and employment with USA. Unfortunately my daughter, she is 6 year old was scheduled to return to USA on May 2020 and had flight tickets and everything, but due to travel restriction of covid she was not able to travel. Now she is outside of USA for more than 1 year. We want to apply for SB1 visa but US Consulates of India is still closed for SB1 Visa service and not offering any visa interview dates. Me and my wife need to return with our only daughter who is 6 year old before Nov due to my employment. What is my other option and i am seeking help regarding reentry of my daughter in USA. Expiration date on her greencard is year 2029. I need to travel back to US as soon as possible to continue my employment but I am afraid if they would sent my daughter back (given she doesn't have SB-1 Visa). I can't stop thinking about this and any advice and help would be greatly appreciated. Thanks a lot in advance.
 
I've got some questions reguarding the SB1 visa
I was forcefully brought to pakistan by my parents at the age of 13 when my sister moved out of the house to live with her boyfriend at the time. I was told that I would need to get married before I could ever return to the states and was also threatened that I'd be killed if i tried to leave before getting married. My parents are citizens and so is my brother, during my time in pakistan I was not allowed to apply for US citizenship or ever return to the US and therefore I was forced to abandon my LPR status. however my parents and brother made frequent trips to the US. I can prove all of this. I finally got married last year January but wasnt able to get an appointment with US embassy. I'm also afraid that since it has been about 14 years outside of the US, i will be rejected.
 
Hello,

Just wanted to check if anyone here has experience filing SB-1 after being out of the US for more than a year?

I'm out of the US for over 7 years now. I left the US back in 2013 to be with my father who was not well then. My father passed away in 2016 and couldn't return back to the US immediately.

About ties with US, I don't own a house in the US or valid drivers license either. I do have bank account and filed taxes for the initial 3 years.

Do I even have a shot at SB-1? Please advise.

Thanks for your time,
 
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