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

[Mike E 11,739]

4 minutes ago, Lemonslice said:

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

$190 vs $260. A $70 difference. That's Canadian dollars. Less than a tank full of gas. But even so:

 

I am not as optimistic as you are, that an I-751 case can be adjudicated in 5 years.

 

Better to borrow the money to get the 10 year: $26/year vs $38/year. 

[jennaleigh 2]

1 minute ago, Mike E said:

$190 vs $260. A $70 difference. That's Canadian dollars. Less than a tank full of gas. But even so:

 

I am not as optimistic as you are, that an I-751 case can be adjudicated in 5 years.

 

Better to borrow the money to get the 10 year: $26/year vs $38/year. 

I have not heard of I-751 cases taking that long. On the phone USCIS told me current processing times for the Nebraska Service Center were 13 to 28 months, and we filed March 2019.

 

We will be filing for naturalization in the spring, so a 10 year passport doesn't seem necessary.  But I get what you're all saying!

[Mike E 11,739]

12 minutes ago, jennaleigh said:

We will be filing for naturalization in the spring, so a 10 year passport doesn't seem necessary.  But I get what you're all saying!

My Canadian passport is my proof of my right to enter Canada when I want, and as long as I want. It's also proof that I can bring my non-Canadian wife into Canada with me when I want.

 

It's proven to be very handy during COVID.

[jennaleigh 2]

1 minute ago, Mike E said:

My Canadian passport is my proof of my right to enter Canada when I want, and as long as I want. It's also proof that I can bring my non-Canadian wife into Canada with me when I want.

 

It's proven to be very handy during COVID.

I'm glad that works well for you! My wife and I have not been to Canada since she moved here in 2016 and we don't plan on going back until she is a US citizen, so traveling there isn't a concern for us right now. 

[NikLR 13,227]

2 hours ago, jennaleigh said:

 

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?

 

Of course.  What does her SSN or US driver's license have to do with her passport?  Just because you're married doesn't mean she's no longer Firstname Maidenname.  If you divorced she could return to her maiden name without issue unless she went to court to get documentation to change her name vs using her marriage certificate. 

[Demise 1,289]

12 hours ago, jennaleigh said:

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! 

To put it this way: An LPR is not required to maintain a foreign passport and yes you are right permanent resident status is extended until a decision is made on a I-751.

 

However if you want an I-551 stamp as evidence of LPR status (either because your I-751 is pending for longer than 18 months or you filed an I-90 to replace a green card), then that stamp can only be placed into a valid foreign passport.

 

9 hours ago, jennaleigh said:

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

No. She'll just put herself into an annoying situation where she'll have a hard time proving status (like for work, driver's license, encounters with CBP if you live in the 100 mile zone of the border, claiming any sort of benefits, or international travel), but there is no legal requirement for her to go out there and get the stamp.

[HRQX 4,145]

3 minutes ago, Demise said:

then that stamp can only be placed into a valid foreign passport.

Policy Manual states otherwise: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-2 "ADIT stamps may only be placed on Form I-94 (with photo) or an unexpired passport."

[Demise 1,289]

1 minute ago, HRQX said:

Policy Manual states otherwise: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-2 "ADIT stamps may only be placed on Form I-94 (with photo) or an unexpired passport."

Realistically, find me a I-94 that contains a photo.

[HRQX 4,145]

7 minutes ago, Demise said:

Realistically, find me a I-94 that contains a photo.

Fact is USCIS FOs can issue I-94 that contains a photo. But of course, it's at their discretion.

[mindthegap 2,590]

1 hour ago, Demise said:

Realistically, find me a I-94 that contains a photo.

I have a friend who has exactly this. They cannot get a renewal of their passport for various reasons, so for continued proof of status while their I-751 is pending, it is the only option available to them. 

When I got my stamp renewed a month ago, while sat at the counter waiting for them to come back from heat stamping the page, on wall by the desk there was an internal memorandum with specific instructions pertaining to create and issue an I-94 containing a photo & stamp in such circumstances. 

 

Just because you don’t have it or haven’t seen it, does not mean it is not part of standard policy or does not exist. 

[HRQX 4,145]

4 minutes ago, mindthegap said:

Just because you don’t have it or haven’t seen it, does not mean it is not part of standard policy or does not exist. 

Also, it seems Demise isn't a LPR. Seems she has DACA:

 

[Demise 1,289]

2 hours ago, mindthegap said:

I have a friend who has exactly this. They cannot get a renewal of their passport for various reasons, so for continued proof of status while their I-751 is pending, it is the only option available to them. 

When I got my stamp renewed a month ago, while sat at the counter waiting for them to come back from heat stamping the page, on wall by the desk there was an internal memorandum with specific instructions pertaining to create and issue an I-94 containing a photo & stamp in such circumstances. 

 

Just because you don’t have it or haven’t seen it, does not mean it is not part of standard policy or does not exist. 

Mind telling me a bit more about the specific circumstances here? I tried to dig but wasn't able to find anything about this aside it being mentioned in the policy manual.

 

2 hours ago, HRQX said:

Also, it seems Demise isn't a LPR. Seems she has DACA:

Technically a VAWA-self petitioner these days. Will be filing my I-485 very soon.

[SunflowerSweet 1,321]

18 hours ago, jennaleigh said:

I have not heard of I-751 cases taking that long. On the phone USCIS told me current processing times for the Nebraska Service Center were 13 to 28 months, and we filed March 2019.

While I don’t think 5 years is realistic, it may be quite some time yet. We filed our I-751 in October of 2018 and the case was sent to Nebraska. Just finally last month we got a notice that the case was ready to be scheduled for an interview. We also go through the Milwaukee office, and it seems like getting an interview through them could take quite a while. I’m not sure if you will need an interview (we didn’t get called for one for our K-1 AOS, so it was expected) but if you do, keep in mind it may be a wait to get scheduled.

 

The I-751 petitioner in our case also doesn’t have a passport. He just misplaced his though, and is much less concerned about getting it replaced. A little too much less concerned, imo, but oh well!

[mindthegap 2,590]

It is even mentioned in the Carrier Information Guide (page 31)