Filing I-751 with an I-90 for lost/stolen Green Card in process

[CoreySuu 0]

Hello everyone-

 

I have a bit of a conundrum here. My wife and I navigated the whole K1 process successfully 2 years ago and have been living the dream ever since, yay! She was granted her conditional permanent residency card in May 2015, which she then proceeded to lose at a restaurant in October 2016 after too many beers. Great. I filed a police report to document that it had been lost, but then found myself in a situation where I probably should have posted here for advice but didn't: my wife had just lost her green card- the only valid ID she had to confirm her status as a legal resident of the United States, 4 months outside the 90 day window in which she would need to file her I-751. I impulsively filed an I-90 to replace her missing card since I hated the thought of her not having that form of ID, forgetting that everything involving USCIS takes 6+ months to go anywhere. She had her biometrics appointment in early January and we've been waiting ever since. We're now well in to the 90 day window to file her I-751 and I'm starting to freak out a little bit. Should I just go ahead and file the I-751 or is this pending I-90 going to complicate matters? Was I wrong for filing to replace a lost green card so close to the 90 day window? Is this a total non-issue that I'm stressing myself out over this close to the finish line? Any advice will be appreciated, thanks so much!

[Derwood 203]

@shell20

[Mollie09 1,543]

33 minutes ago, CoreySuu said:

Hello everyone-

 

I have a bit of a conundrum here. My wife and I navigated the whole K1 process successfully 2 years ago and have been living the dream ever since, yay! She was granted her conditional permanent residency card in May 2015, which she then proceeded to lose at a restaurant in October 2016 after too many beers. Great. I filed a police report to document that it had been lost, but then found myself in a situation where I probably should have posted here for advice but didn't: my wife had just lost her green card- the only valid ID she had to confirm her status as a legal resident of the United States, 4 months outside the 90 day window in which she would need to file her I-751. I impulsively filed an I-90 to replace her missing card since I hated the thought of her not having that form of ID, forgetting that everything involving USCIS takes 6+ months to go anywhere. She had her biometrics appointment in early January and we've been waiting ever since. We're now well in to the 90 day window to file her I-751 and I'm starting to freak out a little bit. Should I just go ahead and file the I-751 or is this pending I-90 going to complicate matters? Was I wrong for filing to replace a lost green card so close to the 90 day window? Is this a total non-issue that I'm stressing myself out over this close to the finish line? Any advice will be appreciated, thanks so much!

 

Yes, you should file the I-751 and send the notices associated with the I-90. The pending I-90 does not complicate matters, you did the right thing by filing because the notice you received can be used as proof of status. While you cannot file an I-90 within the 90 day window, filing 4 months before it opened was definitely not wrong.

 

Should be a non-issue!

[CoreySuu 0]

Thank you so much for the info, that's a load off my mind. I already had the forms/evidence prepared so I'll just include the I-90 notices and get this show on the road. It's going to feel amazing to not have to deal with any of this stuff for another bunch of years until she's eligible for citizenship!

[GreatDane 366]

8 minutes ago, CoreySuu said:

Thank you so much for the info, that's a load off my mind. I already had the forms/evidence prepared so I'll just include the I-90 notices and get this show on the road. It's going to feel amazing to not have to deal with any of this stuff for another bunch of years until she's eligible for citizenship!

Well, she's eligible for citizenship a year from when her first green card expires. I hate to tell you, but I751's are taking forever right now. They've been processing May/June 2016 applications since November. We filed in August and based on current waits only getting longer, you might be eligible to apply for citizenship before the I751 is processed.

[shell20 746]

Wish I had filed an i-90 when I got back from the UK and my purse/wallet had been stolen, but it was just after Christmas and we just didn't have the money to replace it because we had just spent hundreds of dollars to go to London and pay for a transportation letter then ROC was due.  By the time we had the money we couldnt file for a replacement as the 90 day window was open. Long story but what a headache.  

 

What really gets to me is that most people ask for a stamp when they have a lost/stolen card during ROC and its a free service and it should be!! The i-90 WILL be cancelled as you have applied for ROC, very doubtful you will get the physical card. You will have to take your i-90 along with your passport and ROC extension letter to get an i55i stamp in your passport.  The i55i allows you to travel, get a driving licence, work etc. (When shown with the ROC extension letter).

 

None of us would have to worry about this if the USCIS actually sorted out the issuance of cards quicker than current filing times.  Bad enough after losing your card or in my case getting my whole wallet stolen with credit cards, bank cards, driving licence and my GC without being reminded of the traumatic event time and time and time again!  Roll on citizenship and the end to this long journey!

[elephanzo 4]

On 4/14/2017 at 7:20 AM, shell20 said:

Wish I had filed an i-90 when I got back from the UK and my purse/wallet had been stolen, but it was just after Christmas and we just didn't have the money to replace it because we had just spent hundreds of dollars to go to London and pay for a transportation letter then ROC was due.  By the time we had the money we couldnt file for a replacement as the 90 day window was open. Long story but what a headache.  

 

What really gets to me is that most people ask for a stamp when they have a lost/stolen card during ROC and its a free service and it should be!! The i-90 WILL be cancelled as you have applied for ROC, very doubtful you will get the physical card. You will have to take your i-90 along with your passport and ROC extension letter to get an i55i stamp in your passport.  The i55i allows you to travel, get a driving licence, work etc. (When shown with the ROC extension letter).

 

None of us would have to worry about this if the USCIS actually sorted out the issuance of cards quicker than current filing times.  Bad enough after losing your card or in my case getting my whole wallet stolen with credit cards, bank cards, driving licence and my GC without being reminded of the traumatic event time and time and time again!  Roll on citizenship and the end to this long journey!

To Shell20:  I just found your comment in my search for answers.... sounds like I am in a similar situation and I am wondering how it worked out for you.  My husband's greencard (and entire wallet) was stolen very close to the filing window for I-751 so we are waiting until the window to file, but I am seeing that I am required to submit a copy of the greencard front and back side when I file for ROC.  Since the greencard was stolen, we do not have a copy of the back of the card.  Luckily, we had scanned a copy of the front of the card but unfortunately not the back.  When you filed for your ROC, did you have a copy of your greencard to submit?

 

[shell20 746]

2 hours ago, elephanzo said:

 

Yes I had a copy of front and back but if it's stolen not a lot you can do other than write a cover letter explaining what happened along with the police report. I did get my 10 year card and didn't replace the 2 year card.

[elephanzo 4]

6 hours ago, shell20 said:

Yes I had a copy of front and back but if it's stolen not a lot you can do other than write a cover letter explaining what happened along with the police report. I did get my 10 year card and didn't replace the 2 year card.

That's a good idea... I will attach the front copy of the card and a cover letter and the police report.  Hopefully I do not get in trouble for going about 6 months without filing for a replacement because TECHNICALLY greencard holders are supposed to carry the greencard on them at all times... which I think is so stupid because obviously it puts us at risk of them getting stolen.  Next card we get, we are keeping it stored in a safe at the house.