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Filed: AOS (apr) Country: Malaysia
Timeline
Posted

Hi all,

I appreciate all help i can get.

My car was broken into and the file of ALL legal documents I had was stolen. Marriage cert, birth cert, green card, passport, old USCIS receipts and forms are all gone.

I understand I shouldn't file for i90 since my AOS expiration is 12/6/15.

But Im a little late in filing for my i751 now since I've got less than 60 days. Will I have a problem being without my green card for this long?

Has anyone had a similar issue?

Can I go ahead and do this without my other documents?

I also am in the middle of obtaining my drivers license, first test done, and my behind the wheel is scheduled but now I am without a green card.

Help. :(

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)

First off, I would put a fraud watch on your credit reports with the 3 agencies (Experian, Transunion and equifax) as people can use the birth certificate/passport to open accounts in your name and committ identity fraud/ruin your credit.

Anything that you submitted with the I-485 almost 2 years ago you don't need to resubmit, nor should you resubmit. You likely submitted the marriage cert and birth cert with the i-485. You just need to show enough financial comingling evidence to prove that your relationship is legit. The sooner you submit it the better since you should have submitted it on day 90 or day 89 before GC expiration. I would write a letter explaining that the paperwork was stolen with the GC. Also, file a police report to prove this and include it in your filing. You don't have any digital copies of your GC? You just need to submit a copy of it with the paperwork.

Do you have any documents that show strong financial comingling to prove your marriage? Mortgage/lease, car loan, insurance, investments, etc?

The guide for ROC explains it better than I could for what to submit: http://www.visajourney.com/forums/index.php?autocom=custom&page=751guide

Best of luck!

Edited by Daveykins
Filed: AOS (apr) Country: Malaysia
Timeline
Posted

First off, I would put a fraud watch on your credit reports with the 3 agencies (Experian, Transunion and equifax) as people can use the birth certificate/passport to open accounts in your name and committ identity fraud/ruin your credit.

Anything that you submitted with the I-485 almost 2 years ago you don't need to resubmit, nor should you resubmit. You likely submitted the marriage cert and birth cert with the i-485. You just need to show enough financial comingling evidence to prove that your relationship is legit. The sooner you submit it the better since you should have submitted it on day 90 or day 89 before GC expiration. I would write a letter explaining that the paperwork was stolen with the GC. Also, file a police report to prove this and include it in your filing. You don't have any digital copies of your GC? You just need to submit a copy of it with the paperwork.

Do you have any documents that show strong financial comingling to prove your marriage? Mortgage/lease, car loan, insurance, investments, etc?

The guide for ROC explains it better than I could for what to submit: http://www.visajourney.com/forums/index.php?autocom=custom&page=751guide

Best of luck!

YES i do have copies of all of the above except for my USCIS receipts from my I485 filing.

I have joint bank accounts, leases with both our names on it, vacation videos/photos, etc.

I also have a police report, it is an ongoing case, they don't know if the suspects have my green card which is one of the things they have yet to recover, I'm just on panic mode as I was already late to begin with, now I am set back even more.

Filed: Timeline
Posted (edited)

I think you may have to file an I-90 anyway because you lost your card. Once you file I-90 you can get an I-551 stamp for proof of permanent residency. I know that filing for I-90 seems like kind of a waste because the replacement card that you are applying for will have already expired before they even issue it (I-90 takes several months), and I-90 is very expensive, but I am not sure they will give you an I-551 stamp without a pending I-90 (why should they help you shortcut it to save you money?). Without an I-551 stamp you will have no proof of permanent residency. You may need it to file Removal of Conditions. And even if they let you file Removal of Conditions without an I-551 (and that's an "if"), the extension letter they give you will still be useless because it only works in conjunction with an I-551 (green card or stamp). ROC may take 10-11 months nowadays so you will be without proof of permanent residency for a long time.

Edited by newacct
  • 9 months later...
 
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