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Stelare

How to prove lawful status whilst waiting for I-90 Replacement of Green Card? Foreign passport expired.

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I filed my AOS about a year ago and received my Green Card in early August of 2017, only to find that USCIS messed up and used my maiden name instead of my married name. Long story short, I had to mail the card back along with the I-90 form and a letter plus proof stating my application had been filed in my married name and was a mistake made by USCIS. Unfortunately, it looks like the processing time is about a year to get a replacement card (I've called and pretty much been told I'm out of luck and just have to wait).

 

I'm wanting to get a state ID now that Real ID allows for the use of an Employment Authorisation card as primary ID to apply, however I still need proof of my lawful status. Is there anything I can provide?
My passport expired in November (and was in my maiden name) and I've read mixed things about getting an I-551 stamp in an expired passport (some say it's not possible after expiration, some say it is, some say you can stamp an I-94 as a substitute, some say you can't). 

 

I just want to know if there's any other way to obtain proof of lawful status while I wait for my GC replacement?


 

K1 and AOS/EAD/AP

Spoiler

K1

19th July 2016 -- K1 Petition sent to TX Lockbox

27th July 2016 -- NOA1 Received

7th September 2016 -- NOA2 Received

27th September 2016 -- Sydney Consulate Received

6th October 2016 -- Packet 4 Received

29th November 2016 -- Interview Date

29th November 2016 -- Approved at interview

5th December 2016 -- Visa Package Received

16th December 2016 -- Entered US on K1 (PoE San Francisco)

23rd December 2016 -- Married!


AOS/EAD/AP

8th March 2017 -- Filed AoS, EAD, AP

18th March 2017 -- NOA1 for AoS, EAD, AP

1st August 2017 - Email notification that GC has been mailed
18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card

 

GC Replacement

Spoiler

 

18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card
3rd August 2018 - I-90 Form Approved.

7th August 2018 - Replacement card produced.

Replacement card sent to wrong address!
12th October 2018 - Replacement card received!


RoC

6th May 2019 - Mailed off I-751 RoC

14th May 2019 - Text notification case received

17th May 2019 - 18 month extension letter received
2nd December 2019 - Biometrics Appt
1st October 2020 - Case transferred to NBC
5th March 2021 - Case updated to notify that interview has been scheduled

 

N-400

30th September 2020 - Application filed online
30th September 2020 - Notice of received application (notice date)
5th March 2021 - Case updated to notify that interview has been scheduled

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Filed: Citizen (apr) Country: Taiwan
Timeline

I doubt any  competent office will place an I-551 stamp in an expired passport........I would try the I-94 route ...other than that, I think you're out of luck.

 

But I must ask....why in the world would you let your passport expire?  Not  judging....just very curious....

 

 

EDIT:  In Texas, an I-94 with a temp I-551 stamp is proof of legal presence for driver's license.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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10 minutes ago, missileman said:

I doubt any  competent office will place an I-551 stamp in an expired passport........I would try the I-94 route ...other than that, I think you're out of luck.

 

But I must ask....why in the world would you let your passport expire?  Not  judging....just very curious....

 

 

EDIT:  In Texas, an I-94 with a temp I-551 stamp is proof of legal presence for driver's license.

I've already been told off by quite a few people here for the expired passport (and in not very nice ways. I understand, it's not the most logical thing to have done, but it was upsetting and frustrating how rude some people were).

It was just something barred behind time, money and personal issues - My passport expired at the end of November last year and the plan was to apply for a new one just before then while my husband had vacation time. However I had personal family issues come up and wasn't able to get someone to endorse my application (Australian passport) in time, on top of not having the time/funds to travel to a consulate (the closest to me is in Chicago, which is a total of 9ish hours drive there and back, or a flight there and back). 

K1 and AOS/EAD/AP

Spoiler

K1

19th July 2016 -- K1 Petition sent to TX Lockbox

27th July 2016 -- NOA1 Received

7th September 2016 -- NOA2 Received

27th September 2016 -- Sydney Consulate Received

6th October 2016 -- Packet 4 Received

29th November 2016 -- Interview Date

29th November 2016 -- Approved at interview

5th December 2016 -- Visa Package Received

16th December 2016 -- Entered US on K1 (PoE San Francisco)

23rd December 2016 -- Married!


AOS/EAD/AP

8th March 2017 -- Filed AoS, EAD, AP

18th March 2017 -- NOA1 for AoS, EAD, AP

1st August 2017 - Email notification that GC has been mailed
18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card

 

GC Replacement

Spoiler

 

18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card
3rd August 2018 - I-90 Form Approved.

7th August 2018 - Replacement card produced.

Replacement card sent to wrong address!
12th October 2018 - Replacement card received!


RoC

6th May 2019 - Mailed off I-751 RoC

14th May 2019 - Text notification case received

17th May 2019 - 18 month extension letter received
2nd December 2019 - Biometrics Appt
1st October 2020 - Case transferred to NBC
5th March 2021 - Case updated to notify that interview has been scheduled

 

N-400

30th September 2020 - Application filed online
30th September 2020 - Notice of received application (notice date)
5th March 2021 - Case updated to notify that interview has been scheduled

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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Stelare said:

I've already been told off by quite a few people here for the expired passport (and in not very nice ways. I understand, it's not the most logical thing to have done, but it was upsetting and frustrating how rude some people were).

It was just something barred behind time, money and personal issues - My passport expired at the end of November last year and the plan was to apply for a new one just before then while my husband had vacation time. However I had personal family issues come up and wasn't able to get someone to endorse my application (Australian passport) in time, on top of not having the time/funds to travel to a consulate (the closest to me is in Chicago, which is a total of 9ish hours drive there and back, or a flight there and back). 

I understand.....Thanks......I think your best route is to get an I-94 with an I-551 stamp.  As I said, Texas (a very strict ID state) does accept an I-551 stamped I-94 as proof of legal presence.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Just now, missileman said:

I understand.....Thanks......I think your best route is to get an I-94 with an I-551 stamp.  As I said, Texas (a very strict ID state) does accept an I-551 stamped I-94 as proof of legal presence.....

Thank you for your help. I'm going to call up the field office in Louisville KY which is where I had to go for my biometrics and double check with them.

K1 and AOS/EAD/AP

Spoiler

K1

19th July 2016 -- K1 Petition sent to TX Lockbox

27th July 2016 -- NOA1 Received

7th September 2016 -- NOA2 Received

27th September 2016 -- Sydney Consulate Received

6th October 2016 -- Packet 4 Received

29th November 2016 -- Interview Date

29th November 2016 -- Approved at interview

5th December 2016 -- Visa Package Received

16th December 2016 -- Entered US on K1 (PoE San Francisco)

23rd December 2016 -- Married!


AOS/EAD/AP

8th March 2017 -- Filed AoS, EAD, AP

18th March 2017 -- NOA1 for AoS, EAD, AP

1st August 2017 - Email notification that GC has been mailed
18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card

 

GC Replacement

Spoiler

 

18th August 2017 - Mailed GC back after name error (Maiden name instead of married name), USCIS error, filed with I-90 Application to Replace Permanent Resident Card
3rd August 2018 - I-90 Form Approved.

7th August 2018 - Replacement card produced.

Replacement card sent to wrong address!
12th October 2018 - Replacement card received!


RoC

6th May 2019 - Mailed off I-751 RoC

14th May 2019 - Text notification case received

17th May 2019 - 18 month extension letter received
2nd December 2019 - Biometrics Appt
1st October 2020 - Case transferred to NBC
5th March 2021 - Case updated to notify that interview has been scheduled

 

N-400

30th September 2020 - Application filed online
30th September 2020 - Notice of received application (notice date)
5th March 2021 - Case updated to notify that interview has been scheduled

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