Buying a House while pending I-751 Ext is Exp

[Angela256z 30]

So we have been in the process of buying a house.  As of July 21st my husbands State ID and GC Extension has expired.  They want a copy of both, but obviously it's not available.  We have an InfoPass Appointment on Thursday.  Does anyone know if:

1. The stamp gives him an extension so we can get his ID current.

2. What does the stamp look like or say?

3. Will that make the Exp GC valid again so that our lender can process the mortgage of the home?  

4. Can they write an official letter stating he is eligible to purchase a home as his GC is still valid as long as he has a pending case?

 

I am so stressed out.  We have sold our home and have to be out, but of course everything took longer than expected (was supposed to close before July 21st) and now we are scrambling to get things in order because USCIS is over 13 (almost 14) months delayed on removal of conditions. 

 

Edited August 1, 2017 by Angela256z

[G Walters 136]

 https://www.google.com/search?q=i+551+stamp&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

 

take a look. At this. Here is what came up on a search for i551 stamp.

Edited August 1, 2017 by G Walters

[charmander 692]

57 minutes ago, Angela256z said:

So we have been in the process of buying a house.  As of July 21st my husbands State ID and GC Extension has expired.  They want a copy of both, but obviously it's not available.  We have an InfoPass Appointment on Thursday.  Does anyone know if:

1. The stamp gives him an extension so we can get his ID current. Yes but DMVs could be ignorant. Most likely no issue but be ready to argue.

2. What does the stamp look like or say? Like this:

3. Will that make the Exp GC valid again so that our lender can process the mortgage of the home?  Yes, but lenders could be ignorant too.

4. Can they write an official letter stating he is eligible to purchase a home as his GC is still valid as long as he has a pending case? USCIS won't give you guys such a letter. Lender needs to figure this out. Tell them to talk to an immigration lawyer if they have concerns about this/ plan B find a different lender who would accept the I551 stamp. Good luck!

 

I am so stressed out.  We have sold our home and have to be out, but of course everything took longer than expected (was supposed to close before July 21st) and now we are scrambling to get things in order because USCIS is over 13 (almost 14) months delayed on removal of conditions. 

 

 

[Lavazza_K 9]

19 minutes ago, charmander said:

 

1 hour ago, Angela256z said:

 

I agree with every answer here just except I think the expired GC will not be validated with the I551-The I551 stamp will be your new green card essentially. You will need to show them the stamp and probably give a copy of it. Although your A number will be the same so if they do any background check you will be fine.

 

I have one friend that was rejected on borrowing with extension letter and I-551, and another granted loan with slightly higher borrowing rate, so yes I think it depends on the lenders.

 

Please don't stress yourself, it's very annoying but don't let it be a disturbance of your life. My friend who was rejected ended up renting an apartment for 6 months and bought another house after that. It will all work out eventually. Best of luck!

Edited August 1, 2017 by Lavazza_K
Clarification

[Allanah and Chris 8]

We ran into troubles with this when buying our home in January on the expired GC + extension letter. It was unbelievably frustrating. They asked ridiculous questions like, "well how can you work if your green card is expired?" ...because our immigration system makes about as much sense as putting teeth in biscuits (sure, teeth helps you eat food...but you would not put teeth in your food!).

 

The good news: you CAN and should get a loan with the appropriately favorable terms, regardless of your spouse's immigration status. We did, it just took some time.

 

My advice:

• Educate them on the process. Americans have gone beyond idiotic about immigration and especially the I-751 process. Even those whose jobs require them to be educated on the process have nary a clue. You will hear things like, "you are not a permanent resident if your green card can expire". Or, "we need to see her work authorization and green card." Sigh.
   
• Contact your congresscritter for backup. The Fair Housing Act makes it roughly illegal for a lender to discriminate against your spouse due to their immigration status. The general counsel for my congressman was willing to go to the CFPB on our behalf if the lender did not get their act together. I mentioned this on the phone and the underwriter was very receptive to "learning" about the immigration process.
   
• Provide for them the documentation you would normally provide at the border (i.e. your GC/ext letter/I-551 stamp, your case number, etc). Provide an explanation for this documentation, as you probably normally have to because nobody has a clue.
   
• At some point they are going to ask, "well when will you know?" or "when is your interview?" ...give them a look, but try to avoid saying, "how about you call the USCIS and see where that gets you," and try to hold back and not to let on you are incredibly frustrated by their lack of understanding of simple things like, "queues". We provided the USCIS Ombudsperson's 2016 report and highlighted their findings on the I-751 massive delays (here is an excerpt from our letter to the underwriter):
   
  The Citizenship and Immigration Services Ombudsman Annual Report 2016 covered this awkward position we've been placed in (pp. 78):

  ...
  Delays in adjudication cause substantial problems for petitioners and their families because USCIS does not provide them with sufficient documentation of their lawful status.[616] Some petitioners are unable to pursue job opportunities because they are reluctant to seek employment with an expired green card and a receipt notice referencing a 1-year extension of status, or obtain or renew drivers’ licenses or in-state college tuition. A petitioner must attend an Infopass appointment at a local USCIS field office to obtain a stamp showing their continued conditional permanent residence status. 
  ...
  --
  616. Upon filing Form I-751, VSC or CSC issues a receipt notice to the petitioner that extends the conditional residency period for 1 year. The petitioner may use the receipt notice, together with the expired green card, to show continued work authorization and permission to travel while the I-751 petition is pending. USCIS does not automatically issue additional 1-year extensions. See USCIS Policy Memorandum, “Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence” (Dec. 2, 2003); https://www.uscis.gov/sites/default/files/USCIS/ Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/ crextensn120203.pdf (accessed on Mar. 15, 2016). 

 

[Stevephoto 230]

I understand how frustrating this process is when dealing with other agencies. The stamp looks pretty self-explanatory (I know that that statement does not always apply). Forgive me if this is an ignorant question, but: What is to keep you, the USC, from signing for the mortgage and adding your husband to the deed later--IF there is a problem with the lender?

[nightingalejules 678]

3 hours ago, Stevephoto said:

I understand how frustrating this process is when dealing with other agencies. The stamp looks pretty self-explanatory (I know that that statement does not always apply). Forgive me if this is an ignorant question, but: What is to keep you, the USC, from signing for the mortgage and adding your husband to the deed later--IF there is a problem with the lender?

Probably OP needs the spouse's income to qualify for the mortgage.

 

[Angela256z 30]

9 hours ago, nightingalejules said:

Probably OP needs the spouse's income to qualify for the mortgage.

 

Yes - This is it.  The housing market in Utah has sky rocketed making a home that was only $200K more like $350K.  

[Stevephoto 230]

32 minutes ago, Angela256z said:

Yes - This is it.  The housing market in Utah has sky rocketed making a home that was only $200K more like $350K.  

 

9 hours ago, nightingalejules said:

Probably OP needs the spouse's income to qualify for the mortgage.

 

I thought that might be the reason. In this case the stamp clearly indicates that your husband's work authorization is extended. Bring all the "educational" documents mentioned by others, but also bring proof of conditioned employment.  As a side note, you are past one year for ROC, correct? Your husband might meet the requirements for Naturalization, which would force the adjudication of your ROC. I might not help you at this time with your house, but there won't be any more issues once he becomes a citizen. Good luck.

[Angela256z 30]

2 minutes ago, Stevephoto said:

 

I thought that might be the reason. In this case the stamp clearly indicates that your husband's work authorization is extended. Bring all the "educational" documents mentioned by others, but also bring proof of conditioned employment.  As a side note, you are past one year for ROC, correct? Your husband might meet the requirements for Naturalization, which would force the adjudication of your ROC. I might not help you at this time with your house, but there won't be any more issues once he becomes a citizen. Good luck.

Yes we just hit out three years and plan on filing the N-400.  We just can't use our funds until we close on the house. 

[Stevephoto 230]

6 minutes ago, Angela256z said:

Yes we just hit out three years and plan on filing the N-400.  We just can't use our funds until we close on the house. 

Ugh...the catch-22. I think (I hope) that you will be fine with fronting loading your discussion with information about the fact that the stamp essentially becomes the green card. Best of luck to you.

[Angela256z 30]

Thank you!

[roc2017 10]

I recently bought a home with expired conditional gc and extension letter. Fortunately my lender was from NJ, a state with lot of immigrants ,  and so he was well aware of cases like us. I ended up getting mortgage from them even though I was buying a home in Florida. My suggestion would be to avoid big financial institutions as they are very strict with immigration status  and try to find a lender from states with more immigrants as they may be more aware about our immigration situation . Good luck!

[prassu 0]

Who was your lender? I am in the same situation my wife's income is not enough and her credit is not good. I spoke to a local credit union and they said they can't process the loan without a valid Green Card. 

Can I get I551 stamped to make it more official for lenders to give me a loan?

[prassu 0]

On 8/1/2017 at 2:35 PM, charmander said:

 

Did they take your expired card away?