Out of Country Stay more than 1 year after receiving Green Card

[bsrksg123]

HI, 

Here is my Spouse situation. Both of us received green card and due to incorrect last name in my spouse name on Green card we have submitted I90 form and went for finger prints and later after couple of months we had to travel to our Country. I returned back in 3 months and as we didnt get to hear back on the status of the I90 application we were waiting and it has past 1 year. Meanwhile we have tried to reach out to congressman etc if they can expedite but no use. So now we are just waiting on I90 to get approved and receive my spouse green Card with correct Name. As we were not sure if she can travel with incorrect last name on green card as well as passport if she will be able to board the flight. Also Caling uscis was of no use as they say it's not upto the processing time inn general which would take 20 months in usual so you can try raising a request but that request is also not getting submitted as its not up to the usual processing time for this application.  So wanted to get advise on what would be our option once we receive the green card with correction. Does she need to get any other visa to travel back or can we try flying and see if they allow etc?

[pontevecchio]

You should have got an I-551 stamp before travel. 

Now you need to consult a lawyer.

[bsrksg123]

Right. But as I90 application updates the decision pending and can respond in 2 months, we didn't took much attention on I551 Stamp. Also travel was not pre planned so was unable to get stamped in that time span. 

 

 

[JoeF]

Sorry, not knowing or not paying attention doesn't change things.

[Attorney_15]

I-90 applications are taking an extremely long time and the receipt notice serves as an extension of the I-551 card validity. One option besides waiting is to file a mandamus lawsuit for a decision on the I-90, especially when it has been filed to correct a USCIS error.