Can I file N400 while I-90 for replacement is in progress?

[SquashGuy 4]

Hi -

Quick question. I'm eligible to file my N400 based on the timing and spousal conditions. However, I lost my green card while traveling a few months ago and have to file an I-90 to receive a replacement card.

Is it possible to file the N-400 while waiting for the replacement green card to come in, or do I need to wait it out?

Thanks!

[Cheezees 1,514]

Please take a look at all of the forms related to the N-400 application. The answer to your question is found there. uscis.gov/forms

Good luck!

Edited March 13, 2016 by Cheezees

[JimmyHou 611]

Hi -

Quick question. I'm eligible to file my N400 based on the timing and spousal conditions. However, I lost my green card while traveling a few months ago and have to file an I-90 to receive a replacement card.

Is it possible to file the N-400 while waiting for the replacement green card to come in, or do I need to wait it out?

Thanks!

According to the rules, you have to have a valid green card, or one that has expired within six months of your application, in your possession in order to apply. However, interviewers generally ignore this rule and allow you to apply with a missing or expired green card.

There are two things you should consider:

1- the initial receiving facilities in Arizona, Texas, or Nebraska are manned by contractors who are not always aware of US CI S policies when it comes to special cases. The instructions for the application ask you to send in a photocopy of the green card. If you have a photocopy of the green card you lost, then you can send that and then explain the loss at your interview. But if you don't have a copy of your old green card, then there's a chance that whoever receives your application may immediately return it because one of the required documents is missing. If this happens, in almost all such cases the application is returned before the check is cashed.

2- if you haven't received your replacement card by the day of the interview, some (but not most) interviewers in such cases ask to see a police report documenting the loss of the card.

This is based on cases that I've read about It's hard to predict what will happen because this falls outside the written requirement that you present a copy of your green card with the application and your actual green card at the interview.

[akihon 129]

@Jimmy: Would it work if OP filed the I-90 replacement and then sent a copy of that with the N-400?

[JimmyHou 611]

@Jimmy: Would it work if OP filed the I-90 replacement and then sent a copy of that with the N-400?

Good idea... it certainly wouldn't hurt and it might stop someone from rejecting the application without looking to see why there isn't a copy of the greencard.

All you really need is an explanation of why the green card copy wasn't included... an I90 receipt or a copy of the I90 would be fine and might help... the problem is that sometimes they're too quick to reject an application when they don't find what they're looking for. Then again, perfectly complete applications have been rejected too... I would go ahead and apply and include an explanation... if they send it back, then you've just lost a few weeks and your mailing fees.

[Ontarkie 14,221]

~~One post removed. Please do not post the same question more then once. As you already have a thread started keep all the related questions to that thread.~~

[SquashGuy 4]

Thanks, @JimmyHou for the knowledgeable answers. As it happens, I do have a GC photocopy. I think I will mail in a copy of the card and hopefully I'll have my replacement by the time the interview comes around. Your answer saved me months of waiting, thank you!