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Posted

The questions never end regarding i-551 stamps it seems. Our situation is my wife's conditional green card expired on 9/17/16. We sent in her i-751 and received the NOA stating on June 22 2016 they got it  and added the 1 year extension. To date we still have not received her permanent green card and now her one year extension is about to expire too. We have no plans for travel outside USA and she doesn't need it for work or driver license etc.

 

So my question is do we really need to drive 7 hours round trip to get a i-551 stamp in her passport?  Will she need it to apply for citizenship or will the expired green card and NOA extension letter do? We have the i-400 ready to mail on Monday. Do you think she will need the i-551 stamp for that to be completed such as at her interview for citizenship?  We may get lucky and get her 10 year card but it seems like they are way behind.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

 

yes, it's not only for travel, it serves the same purpose as the extension letter since she won't be getting another extension letter to extend her GC

 

if she doesn't she will be out of status and deportable, because the GC has expired, the extension letter has expired and no 10 year GC yet

 

the stamp will extend her GC status for another year or until she receives the 10 year GC

 

even though you are sending the N400 in the mean time she will become out of status and deportable, they probably will want proof of having a current extension,  since the citizenship process takes months and she might not be in status

 

Posted (edited)
1 hour ago, datkins587 said:

 

So my question is do we really need to drive 7 hours round trip to get a i-551 stamp in her passport?  

No, and there is no legal requirement to obtain one.

However, most people find it sensible to, for example for renewal of a drivers license which most states issue as limited term for those in the ROC process,  or so that they have proof of status should they need it for some reason (which is of course usually travel).  It is not required to fulfill I-9  documentation requirements for employment.

 

If you genuinely don't need it  - and it sounds like a bit of a mission for you to get it - then don't get it. 

 

1 hour ago, datkins587 said:

 Will she need it to apply for citizenship 

No.

 

1 hour ago, datkins587 said:

Do you think she will need the i-551 stamp for that to be completed such as at her interview for citizenship?  

No.

 

 

55 minutes ago, aleful said:

it's not only for travel, it serves the same purpose as the extension letter

It serves as proof of status, nothing more.

 

55 minutes ago, aleful said:

if she doesn't she will be out of status and deportable, because the GC has expired, the extension letter has expired and no 10 year GC yet

100% rubbish - this is NOT true.

During ROC, once the 1yr initial extension has expired, the stamp serves as proof of status, but does NOT dictate the status.You are not legally required to obtain a stamp, and whether you choose to or not, your status remains unchanged as lawful permanent resident, and your right to work also remains unchanged.

 

55 minutes ago, aleful said:

 

the stamp will extend her GC status for another year or until she receives the 10 year GC

The stamp is not valid until she receives the 10yr card if that process takes more than a further year.  

If they haven't completed your ROC within that year, then you can obtain another stamp for a further year should you desire, although it is more than likely that the OPs citizenship will have been approved by then, so it becomes a non-issue.

 

55 minutes ago, aleful said:

even though you are sending the N400 in the mean time she will become out of status and deportable, 

 

Again, this is NOT true.

 

55 minutes ago, aleful said:

they probably will want proof of having a current extension,  since the citizenship process takes months and she might not be in status

Status as lawful permanent resident remains unaffected during the citizenship application, regardless of whether the I-751 has been adjudicated or is being concurrently processed at the same time as an N-400.

 

 

 

Please do not post more rubbish masquerading as fact, when you clearly know nothing about this process (not difficult, given how confusing USCIS make it, but that isn't a reason to put false information out there).

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted

She won't be out of status if she doesn't get it, but in the rare instance a cop asks to see her status and it's either expired or absent, she opens herself to a misdemeanor charge. It's up to her how she feels about that risk, I haven't had any personal encounters with cops since I moved here or any other law enforcement.

 

(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8289.html

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted (edited)
 
 
However, it could be argued that since no valid 'alien registration card' nor 'certificate of alien registration' has been issued after the expiry of the GC, during the initial 1st yr ROC, or following the 1st year, than there is none that can be carried.
 
Note:  A 'Registration Certificate' is defined in 264.1 - HERE
Amongst many other documents, it lists the I-94 (not applicable), I-766 (not applicable), and of course the I-551 (expired). The I-797C is not listed.
Also in that list:
 (c)    Replacement of alien registration. Any alien whose registration document is not available for any reason must immediately apply for replacement document in the manner prescribed by USCIS.  
 
 
 
By applying for a replacement alien registration card, (by filing the I-751 on time), and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled.
 
 
 

You would therefore appear to be in something of a catch 22: a requirement to carry, but no requirement to obtain, something which you cant obtain anyway?Which takes precedence?

 

 
USCIS do not write saying 'Your one year extension is expiring soon. Your status as a LPR continues uninterrupted while this process is pending, but you are required to make an infopass appointment for a stamp' - they do however write saying ' your conditional PR status is expiring soon, you must file an I-751 by the expiry date'. One is a clear instruction in immigration law, and there is no instruction for the other. 
 
 
 
It is, for most people, prudent and practical to obtain a stamp. Legally however, my interpretation of the law is that you do not have to do so.
 
 
 
Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted

Thanks for the info folks, much appreciated. I'm still a bit confused by the different opinions but I did read another forum that goes along with mindthegap's remarks.

Our biggest concern was, will it interfere with the n-400 process. She already has a DL good for 4 year (DMV mistake) and she doesn't work. I also read where they take your old expired green card when they put the stamp in your passport. If anything I would think that in itself may be a problem. Especially when she goes for her interview and she doesn't have a her green card, expired or not. I guess we will just not get the stamp for now and hope her permanent green card arrives before her extension letter expires.

 

As far as not carrying her green card with her 24/7. To be honest it's been locked in a safe since she got it. We will take our chances.

Posted (edited)

Just read this off a homeland security web site. I guess this pretty much answers my question.

 

"Documenting a Conditional Resident’s Status According to the regulations at 8 CFR 216.4(a)(1), “Upon receipt of a properly filed Form I-751, the alien’s conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.” Thus, any conditional resident who has filed a Form I-751 remains a conditional resident until a decision is made on his or her Form I-751. Such conditional resident is eligible to receive evidence of his or her conditional resident status. If a conditional resident whose I-551 has expired and whose I-797 has “expired” or is about to “expire” requests documentation of his or her status for travel or employment purposes, the Bureau of Citizenship and Immigration Services (BCIS) officer who is processing this request should first check MFAS. If the Form I-751 is still pending, the BCIS officer should collect the expired Form I-551 and issue either: • A temporary I-551 stamp with a 12-month expiration date in the conditional resident’s unexpired, foreign passport (if the expiration date of the passport is one year or more); or • If the conditional resident is not in possession of an unexpired foreign passport, a Form I- 94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the conditional resident."

 

See link to web page below.

 

 

crextensn120203.pdf

Edited by datkins587
Filed: AOS (apr) Country: Canada
Timeline
Posted
7 hours ago, datkins587 said:

Thanks for the info folks, much appreciated. I'm still a bit confused by the different opinions but I did read another forum that goes along with mindthegap's remarks.

Our biggest concern was, will it interfere with the n-400 process. She already has a DL good for 4 year (DMV mistake) and she doesn't work. I also read where they take your old expired green card when they put the stamp in your passport. If anything I would think that in itself may be a problem. Especially when she goes for her interview and she doesn't have a her green card, expired or not. I guess we will just not get the stamp for now and hope her permanent green card arrives before her extension letter expires.

 

As far as not carrying her green card with her 24/7. To be honest it's been locked in a safe since she got it. We will take our chances.

Yes,

I lock mine up to and unless u have to leave the country...for example a family emergency, I would not drive the 7brs for a stamp! Unless she needs it to work or something important. I don't and will not carry my GC on me either! Also, I have been pulled over multiple times and never asked to show my proof of residency (even as a tourist with only an expired passport) so having a valid driver license u will be ok!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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