Extension letter expiring, expiring Canadian passport - is a new passport necessary?

[jennaleigh 2]

Hi all,

 

My wife and I filed for I-751 in March of 2019. It's being processed at the Nebraska Service Center. The last update was in March of 2020, saying that the case is ready to be scheduled for an interview.

 

Back in September, with the 18-month extension letter close to expiration, we traveled to the USCIS office in Milwaukee for my wife to get a stamp in her Canadian passport as advised by many. 

 

However, my wife's Canadian passport expires in March. The people at USCIS told my wife that before the date of expiration in March, she needs to go back to USCIS with a new Canadian passport and get a new stamp.

 

My question is, is this necessary? From everything I've read, you are legal until your I-751 case is decided. My wife has a steady job and we do not plan on traveling out of the country until she is a citizen. The process to get a new Canadian passport (she took my last name so she can't just renew, it needs to be a brand new one with her new name) is lengthy and expensive, and my fear is that we will get an interview for her I-751 case before her passport even arrives, and we'll have wasted money for nothing. My wife is terrified of having an expired passport and worried that she will be deported, especially if she arrives for her I-751 interview with an expired passport, but my understanding is that USCIS wouldn't care about her Canadian passport at her interview - she's there to extend her permanent residence here, not in Canada.

 

My wife is literally losing sleep over this so any help or advice is greatly appreciated. Thank you!

 

Edit: I noticed my signature below is very out of date. Haven't logged into here in years! 

Edited November 11, 2020 by jennaleigh

[Lemonslice 4,858]

Your wife does not need a new passport, however it is not that hard, complicated, or expensive, to get one.  If she's "losing sleep" and terrified of what could happen, why not get a 5-year Canadian passport and put it to rest?  I see no downside.

[jennaleigh 2]

Just now, Lemonslice said:

Your wife does not need a new passport, however it is not that hard, complicated, or expensive, to get one.  If she's "losing sleep" and terrified of what could happen, why not get a 5-year Canadian passport and put it to rest?  I see no downside.

It's around $175. We have an 18-month-old son and money is currently very tight; we are using our next tax refund to file for her citizenship. If we could put $175 towards the citizenship fee instead, that would be awesome.

[NikLR 13,227]

My Canadian passport expired and I was scared of something happening back in Canada that I couldn't go during the whole time my renewal was happening.  How would your wife feel if one of her loved ones was sick suddenly and she couldn't go visit?  Citizenship takes about a year, plus the time to get a passport.  I wouldn't leave that to chance.  She could just do a simple renewal, she doesn't NEED to take your last name on her passport.  

 

She won't be deported for not having a current passport because as you stated, her status does not stop just because she doesn't have evidence of that status.  However she can be arrested and held until authorities can confirm her status. Visas can be valid in expired passports so it doesn't make sense that her stamp expires when her passport does.  

[jennaleigh 2]

4 minutes ago, NikLR said:

My Canadian passport expired and I was scared of something happening back in Canada that I couldn't go during the whole time my renewal was happening.  How would your wife feel if one of her loved ones was sick suddenly and she couldn't go visit?  Citizenship takes about a year, plus the time to get a passport.  I wouldn't leave that to chance.  She could just do a simple renewal, she doesn't NEED to take your last name on her passport.  

 

She won't be deported for not having a current passport because as you stated, her status does not stop just because she doesn't have evidence of that status.  However she can be arrested and held until authorities can confirm her status. Visas can be valid in expired passports so it doesn't make sense that her stamp expires when her passport does.  

 

It's really okay to renew a passport with her maiden name, even though in the USA and on her social security card and driver's license here she has my last name?

 

[mindthegap 2,590]

Did they stamp it for a year....oR only until the expiry date of the passport? If they stamped it for a year, that is a valid stamp until the expiry of the stamp (the same way you can have a still valid US visa in a cancelled passport)

 

Regardless, without a valid passport, someone can take two passport photos and receive the I-551 stamp on a portion of an I-94.

This is standard procedure...can't believe they didn't tell you that this was an option (well, this IS USCIS so I can totally believe it)

 

 

Edited November 11, 2020 by mindthegap

[jennaleigh 2]

7 minutes ago, mindthegap said:

Did they stamp it for a year....oR only until the expiry date of the passport?

 

Regardless, without a valid passport, someone can take two passport photos and receive the I-551 stamp on a portion of an I-94.

This is standard procedure...can't believe they didn't tell you that this was an option (well, this IS USCIS so I can totally believe it)

 

 

Over the phone, they did tell my wife that. She actually thought her passport was already expired (she read the date on it wrong lol) so she took two passport style photos with her.

 

Once there they told her they wouldn't do the photos and would only do the passport. Luckily it turned out that her passport doesn't expire until March 2021.

 

I keep telling her that they got it wrong and that if she needs to go again in March she can bring the photos, but she insists we need to listen to what the employees there said, as it was two employees and their supervisor. I've been trying all morning to speak to someone at USCIS, but apparently they aren't taking phone calls. The automated voice keeps telling me it can only send me information.

 

The field office was the one located in Milwaukee. 

 

Not sure what to do or how to convince my wife we do not need to do the passport renewal right now.

 

Edit: The stamp expires a day before her passport does.

Edited November 11, 2020 by jennaleigh

[mindthegap 2,590]

The reason they did the limited time stamp is because the passport was still valid at that time. If it had been expired they would have done the I-94 portion.

Don't waste your time trying to call them... I agree that personally speaking it would be prudent to renew the passport for family/emergency reasons etc, but if that isn't a consideration or option, wait until nearer the time, and if the situation remains then take the two photos to the appointment.

 A valid foreign passport is not a requirement for any permanent resident, nor for receiving an I-551 stamp.

 

Also please remember that the I-551 stamp is proof of status and not the status itself. You remain a LPR up to & beyond adjudication, and until an immigration judge rules otherwise.

Edited November 11, 2020 by mindthegap

[HRQX 4,145]

15 minutes ago, jennaleigh said:

I've been trying all morning to speak to someone at USCIS

Today is Veterans Day. USCIS is closed today.

[jennaleigh 2]

3 minutes ago, HRQX said:

Today is Veterans Day. USCIS is closed today.

That isn't true, I actually just got through to someone finally. However she was not able to answer this question which is ridiculous lol.

[Pinkrlion 2,724]

It has been my experience, that they will not stamp an expired passport.  They will only stamp it until the expiration date of the passport.  Just renew your passport, it is not a problem.  

[jennaleigh 2]

1 minute ago, Pinkrlion said:

It has been my experience, that they will not stamp an expired passport.  They will only stamp it until the expiration date of the passport.  Just renew your passport, it is not a problem.  

I understand that they will not stamp an expired passport. My question is if the stamp is necessary at all.

[HRQX 4,145]

1 minute ago, jennaleigh said:

My question is if the stamp is necessary at all.

For most things (except international travel, etc.) a DL/ID and unrestricted SSN card can be sufficient: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

[Mike E 11,739]

2 hours ago, Lemonslice said:

Your wife does not need a new passport, however it is not that hard, complicated, or expensive, to get one.  If she's "losing sleep" and terrified of what could happen, why not get a 5-year Canadian passport and put it to rest?  I see no downside.

Why not get a 10 year Canadian passport and put it to even more rester?

 

Anyway OP, an active or approved I-751 case is proof of lawful presence and your spouse legally cannot be deported.

 

The only risk is an over exuberant non-DHS law enforcement officer detains your spouse because of suspicion of unlawful presence. Once turned over to ICE, she would be released immediately.

 

 

[Lemonslice 4,858]

1 minute ago, Mike E said:

Why not get a 10 year Canadian passport and put it to even more rester?

 

Anyway OP, an active or approved I-751 case is proof of lawful presence and your spouse legally cannot be deported.

 

The only risk is an over exuberant non-DHS law enforcement officer detains your spouse because of suspicion of unlawful presence. Once turned over to ICE, she would be released immediately.

 

 

I would also get a 10-year passport, however, if funds are tight, the 5-year one is a bit cheaper...