Complicated issue due to I-751 processing times

[Smelserjl 137]

Hi all,

 

I've been following the ongoing saga of transferring cases to local offices and my husband and I are in a tough situation--like many others. We would definitely appreciate sincere advice. 

 

We submitted I-751 for ROC in March 2017. Green card expired June 23, 2017--thus, the extension letter expires June 23, 2018. My husband's passport expires July 2018. He had planned to go back to his home country to get it renewed in May 2018 because doing here at the embassy in DC requires alot of hassle for Egyptian citizens and unnecessary delays (could submit it for renewal and not get it back for several months due to various bureaucratic issues associated with being an Egyptian in a foreign country--it's just a problem). We can file for N-400 on March 26, 2018. 

 

Given the delay in getting the green card for I-751, passport expiration, and N-400--not sure what to do. I'm worried if he goes to get an I-551 stamp before going to Egypt in May (possibly before the new green card even arrives/ and I-751 approval), they'll take the old green card away. The only thing I can see happening in that case is that he stays in Egypt until the green card arrives and I have to fly there to bring it to him since the original CR-1 visa will be in the passport that expires.

 

It's a hot mess. We don't have an attorney and don't think we need one. Just curious of what people think might be a good idea for sequencing here since I know alot of people have dealt with similar issues. Thanks for everyone's support. 

Edited March 5, 2018 by Smelserjl

[VeraBradley 27]

8 minutes ago, Smelserjl said:

Hi all,

 

I've been following the ongoing saga of transferring cases to local offices and my husband and I are in a tough situation--like many others. We would definitely appreciate sincere advice. 

 

We submitted I-751 for ROC in March 2017. Green card expired June 23, 2017--thus, the extension letter expires June 23, 2018. My husband's passport expires July 2018. He had planned to go back to his home country to get it renewed in May 2018 because doing here at the embassy in DC requires alot of hassle for Egyptian citizens and unnecessary delays (could submit it for renewal and not get it back for several months due to various bureaucratic issues associated with being an Egyptian in a foreign country--it's just a problem). We can file for N-400 on March 26, 2018. 

 

Given the delay in getting the green card for I-751, passport expiration, and N-400--not sure what to do. I'm worried if he goes to get an I-551 stamp before going to Egypt in May (possibly before the new green card even arrives/ and I-751 approval), they'll take the old green card away. The only thing I can see happening in that case is that he stays in Egypt until the green card arrives and I have to fly there to bring it to him since the original CR-1 visa will be in the passport that expires.

 

It's a hot mess. We don't have an attorney and don't think we need one. Just curious of what people think might be a good idea for sequencing here since I know alot of people have dealt with similar issues. Thanks for everyone's support. 

The I-551 stamp will serve as his green card. Even if they take the green card away, he is still eligible to come back to US with the I-551 stamp.

[Smelserjl 137]

1 minute ago, VeraBradley said:

The I-551 stamp will serve as his green card. Even if they take the green card away, he is still eligible to come back to US with the I-551 stamp.

Thanks for that. What I'm concerned about is that he tries to enter the US using his new Egyptian passport with the I-551 stamp in his expired passport (still having the extension letter of course). Dunno if that'd cause an issue in the US but probably would in Egypt--so kinda of tricky on both ends. Also, can't you only get I-551 stamp up to 30 days before your green card of extension letter expires?

[VeraBradley 27]

I think he should be good to go with his extension letter. He can also get an I-551 by taking his two passport size pics and they will give him a card with the stamp.

 

Most of the offices only give stamp 2-3 weeks prior to the expiration of the extension letter. However, if you show the ticket and the need to go, they should be able to give you the stamp regardless of the expiration date. Good luck!

[Cocoza 48]

Firstly, I see you guys are VSC, If you applied in March 2017,  I think he would get his approval long before his passport expiration based on the current trend with VSC.

Secondly, if his passport is going to Expire July 2018, there is no way on Earth that you would be able to get an I-551 on a passport that would expire that soon so most likely, he would have to get the stamp on a card (Which is the only option for people with expired passports.). So if he get his I-551 on a card, i assume it would not be an issue when he travels back to Egypt and get a new passport because the I-551 stamp would have no connection to the old passport. So he can just easily board back with the new passport.

Edited March 5, 2018 by Cocoza

[CharlieTanger 76]

His approval should be any day/week now, especially since you're about a year out and you're at VSC... according to VJ Processing Times, VSC is processing cases around March 1, 2017.

[Smelserjl 137]

Thanks everyone. I'd like to assume the approval would be any day now, but you never know (especially with all the hubbub about moving things to local offices and whether or not it's for interview or to lighten the load at VSC). Thanks for the tip on the I-551 on a card. I didn't even know that they did that, so that's actually helpful to know. 

[mrs thb 331]

When he gets the I-551 stamp in his passport he surrenders his expired green card.  Be sure you electronically scan his card prior to your appt to get the stamp.  You will need to submit a copy of his card should you proceed with filing the N-400.  

 

As for the soon to be expiring passport....humm that's a tricky question.  Does Egypt keep old passports once their renewed?  Each country has its own rules.  If so, and he leaves before issued his 10 GC, then how will he return if they've kept his old passport?  Assuming, the new one is issued without the I-551 stamp?  

 

I suggest this because I Canada does not keep old expired passports and I had to travel with both old and new for a while till I issued my GC several years ago.  

 

Advice for readers, never wait for your passport to reach the 6 months prior to expiry point.  IMO, that's just too dangerous.  This could be a tricky one for the poster.
 

[IslAmy 122]

Maybe you can contact Cairo embassy before he plans anything, explain the situation and see if they can give him a new stamp in the new passport?  

 

Also we share almost the exact same timeline!  I think I remember you from the I-130 process.  Back on the road again for both of us

[nightingalejules 678]

Usually, if you have a valid visa in an expired passport, one of 2 things will happen:

1. You will show 2 passports when you try to enter the US. 
   1. Valid passport with no stamp
   2. Expired passport with valid stamp
2. USCIS may not put a stamp in your husband's passport if that passport is about to expire. Instead:
   1. You need to bring 2 passport style photos to the infopass in addition to everything else (expired 
   2. They will generate a new document that will act as his "greencard" that's not attached to his passport

Either way he should be fine to take the trip to get the new passport 

[danielp60 10]

I believe some people here are saying something that is incorrect.... When you get the i551 stamp they take your extension letter, not the actual green card. The actual green card you keep, even if expired, because you have to turn it in the day you become a citizen (I just went through this whole process recently.)

[WeGuyGal 1,052]

9 minutes ago, danielp60 said:

I believe some people here are saying something that is incorrect.... When you get the i551 stamp they take your extension letter, not the actual green card. The actual green card you keep, even if expired, because you have to turn it in the day you become a citizen (I just went through this whole process recently.)

Various folks have reported USCIS employees kept/destroyed/punched a hole in the green card after i551 stamp. 

 

Everyone should ideally make a copy of the front and back of the Green Card, as well as of the i551 passport stamp, for n400 processing. 

[teshah 33]

49 minutes ago, danielp60 said:

I believe some people here are saying something that is incorrect.... When you get the i551 stamp they take your extension letter, not the actual green card. The actual green card you keep, even if expired, because you have to turn it in the day you become a citizen (I just went through this whole process recently.)

 

When I got the I-551 stamp on my passport, neither my green card nor extension letter was retained.

[dburnt 59]

3 hours ago, danielp60 said:

I believe some people here are saying something that is incorrect.... When you get the i551 stamp they take your extension letter, not the actual green card. The actual green card you keep, even if expired, because you have to turn it in the day you become a citizen (I just went through this whole process recently.)

Depends on the office and the agent.  I got my stamp last month and they kept both the extension letter AND the expired green card.  In our forum, there are some kept, some returned.  The stamp is all you need.

 

You would have your new 10 year GC to hand in for citizenship.  If your ROC isn't complete by the time they are ready to do your N-400, they will still approve the ROC first, and either you hand that in or they don't issue a new physical one.

[Andrea&Henry 311]

22 hours ago, Smelserjl said:

Thanks for that. What I'm concerned about is that he tries to enter the US using his new Egyptian passport with the I-551 stamp in his expired passport (still having the extension letter of course). Dunno if that'd cause an issue in the US but probably would in Egypt--so kinda of tricky on both ends. Also, can't you only get I-551 stamp up to 30 days before your green card of extension letter expires?

He will get admitted regardless of where the i-551 is located. Of course he will need to have both of his passports.

 

I went through the same situation when I was doing ROC so I had an expired greencard and an expired passport. If you think trying to get an Egyptian passport is hard, try to get a venezuelan passport here. My neighbor applied for his in February last year and still waiting.

 

In my case, I thought it was a waste of time and money to get my passport renewed, I just had to wait until February 2016 to applied for my citizenship (this all happened on june-oct 2015).  I had the option of paying $1200 to get a venezuelan passport and likely get it way after my us passport or travel to Venezuela to get without knowing for how long. I had a friend that went to get it, he went for a month and stayed for 4 months. I have a job, a husband and a child.

 

So I just got my expired passport stamped with an i-551, they didn’t stamped any card or anythingt was kind of stressful to be without a passport for almost a year, but I saved a bunch of money and I didn’t have to go to my almost in a war, country 

Edited March 6, 2018 by Andrea&Henry