Buying a House while waiting for new card

[Track13 35]

My husband’s 2 year green card expired in January. We applied for the 10 year card in October. We received the I-797 that said that it, along with the green card, is legal proof of his status for an additional 18 months, until July 2022.

 

We are in the process of buying a house. The mortgage company has asked twice for his passport with the I-551 stamp. We gave them a copy of the expired GC as well as the I-797 stating he has legal status for quite some time. We explained that this is the document that proves his status, as USCIS doesn’t want tons of people having to come get I-551 stamps. 
 

Are we correct in insisting these are his legal documents? What can we do if they keep insisting he needs a stamp?

[Locito 85]

Sorry I can't be of assistance, but that's weird considering that the extension letter extends proof of status for 18 months where as the stamp extends it only by 12 months! Are you dealing with a bank or local a credit union? Perhaps they are just not used to dealing with these kind of situations. Would it be possible to reach a branch manager or ask your branch to contact their headquarters?

[aaron2020 11,651]

While you are correct, you can't force them to accept your particular set of documents if the lender is insisting on something else.  You want/need the mortgage from them, so you will either need to educate the mortgage person you are working with or go get the I-551 stamp.  I would try both.

Best of luck.

[Beverlyr 69]

14 hours ago, Track13 said:

My husband’s 2 year green card expired in January. We applied for the 10 year card in October. We received the I-797 that said that it, along with the green card, is legal proof of his status for an additional 18 months, until July 2022.

 

We are in the process of buying a house. The mortgage company has asked twice for his passport with the I-551 stamp. We gave them a copy of the expired GC as well as the I-797 stating he has legal status for quite some time. We explained that this is the document that proves his status, as USCIS doesn’t want tons of people having to come get I-551 stamps. 
 

Are we correct in insisting these are his legal documents? What can we do if they keep insisting he needs a stamp?

 

 

Hi 

 

I am also in the process of buying a house but unlike you I haven't receive my I-797 extension yet, and my green card expires in May, and they asking me for the new green card. I wrote a letter of explanation detailing all the process, I'm waiting to hear from them. We are supposed to close on March 23rd and I'm getting very anxious and worried. 😩

[Track13 35]

The bank said it’s not them, apparently it’s a Fannie Mae rule that only people with the stamp qualify and they don’t accept anything else, even the I-797 that extends his green card for longer than the stamp. They only accept the I-551 stamp so I guess my husband can’t be on the loan, just me. Apparently even the largest of lenders are at the least, not together on immigration policy or at the most, purposefully exclusionary.

[Villanelle 4,122]

21 minutes ago, Track13 said:

The bank said it’s not them, apparently it’s a Fannie Mae rule that only people with the stamp qualify and they don’t accept anything else, even the I-797 that extends his green card for longer than the stamp. They only accept the I-551 stamp so I guess my husband can’t be on the loan, just me. Apparently even the largest of lenders are at the least, not together on immigration policy or at the most, purposefully exclusionary.

@aaron2020 already advised you that you either have to find another lender/bank -OR- educate them/escalate for supervisor assistance. Try searching google for your lenders name along with Fannie Mae and 551 stamp. Here are some results from various lenders/websites. See if you can find one for your lender stating they are allowed to accept your NOA/expired GC or what their official company policy is. Most of these links seem to say your NOA is fine. Some even mention 751 specifically. But, if it turns out you cant use them cause they dont want your money then its their loss!  If you are using a broker you may want to find a new one- they are like car salesmen. Some can sell you certain loans others dont. Dont be forced into a loan unless you are confident you are entering into a good deal. 

 

https://singlefamily.fanniemae.com/media/7181/display

https://www.gopennymac.com/assets/documents/guides/pcg-non-us-citizen-documentation-requirements-7-3-2019.pdf

https://www.housingwire.com/wp-content/uploads/media/files/Editorial/Documents/Non-US-Citizens-loanDepot.pdf

https://wholesale.lhfs.com/download/Residency_Status_Policy_Procedures.pdf

https://www.bankersonline.com/sites/default/files/tools/aliendocprocedures.pdf

 

[sponge_gto 17]

5 hours ago, Track13 said:

The bank said it’s not them, apparently it’s a Fannie Mae rule that only people with the stamp qualify and they don’t accept anything else, even the I-797 that extends his green card for longer than the stamp. They only accept the I-551 stamp so I guess my husband can’t be on the loan, just me. Apparently even the largest of lenders are at the least, not together on immigration policy or at the most, purposefully exclusionary.

It's possible they're just hiding behind Fannie Mae's name to get you to cough up the documents they are familiar with. I recently had to use my expired GC + I-797 for a refi and here's the letter of explanation I submitted (to a online-only startup at that):

 

To whom it may concern,

Enclosed please find a copy of Form I-797 issued by the United States Citizenship and Immigration Service (USCIS), indicating that my permanent resident card has been extended for 18 months from the original date of expiration.
I received my marriage-based Permanent Resident card in <mm/yyyy>, following my marriage to <spouse> in <mm/yyyy>. As we had been married for less than 2 years on the date that I was granted permanent resident status, I was issued a conditional permanent resident card which is conditional only upon our continued marriage for 2 years from my date of status. I met this condition in <mm/yyyy>.
Upon meeting the condition of my permanent resident status, I was eligible to receive a regular permanent resident card valid for 10 years. The USCIS received my application to remove the condition of my permanent resident status (Form I-751) on <date> and has issued Form I-797 to indicate that the validity of my current permanent resident card has been extended while my new permanent resident card is being processed. The USCIS processing times for Form I-751 at my assigned processing center can take up to <n> months, as indicated by the official processing times website (ref. attached screenshot of processing times).
Enclosed you will also find a copy of official USCIS policies which indicate the following:
•    My receipt notice (Form I-797) for filing Form I-751 extends the validity of my conditional permanent resident status for 18 months (ref. attached screenshot of USCIS policies on Removing Conditions on Permanent Residence Based on Marriage, page 2).

Thank you,
<name>

 

 

The screenshot of the policies were taken from https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage where I expanded the item "Work Permit".

[Track13 35]

7 hours ago, sponge_gto said:

It's possible they're just hiding behind Fannie Mae's name to get you to cough up the documents they are familiar with. I recently had to use my expired GC + I-797 for a refi and here's the letter of explanation I submitted (to a online-only startup at that):

 

To whom it may concern,

Enclosed please find a copy of Form I-797 issued by the United States Citizenship and Immigration Service (USCIS), indicating that my permanent resident card has been extended for 18 months from the original date of expiration.
I received my marriage-based Permanent Resident card in <mm/yyyy>, following my marriage to <spouse> in <mm/yyyy>. As we had been married for less than 2 years on the date that I was granted permanent resident status, I was issued a conditional permanent resident card which is conditional only upon our continued marriage for 2 years from my date of status. I met this condition in <mm/yyyy>.
Upon meeting the condition of my permanent resident status, I was eligible to receive a regular permanent resident card valid for 10 years. The USCIS received my application to remove the condition of my permanent resident status (Form I-751) on <date> and has issued Form I-797 to indicate that the validity of my current permanent resident card has been extended while my new permanent resident card is being processed. The USCIS processing times for Form I-751 at my assigned processing center can take up to <n> months, as indicated by the official processing times website (ref. attached screenshot of processing times).
Enclosed you will also find a copy of official USCIS policies which indicate the following:
•    My receipt notice (Form I-797) for filing Form I-751 extends the validity of my conditional permanent resident status for 18 months (ref. attached screenshot of USCIS policies on Removing Conditions on Permanent Residence Based on Marriage, page 2).

Thank you,
<name>

 

 

The screenshot of the policies were taken from https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage where I expanded the item "Work Permit".

I hate to name drop but was it Better? They are making this way harder than it needs to be

[sponge_gto 17]

1 hour ago, Track13 said:

I hate to name drop but was it Better? They are making this way harder than it needs to be

Yes, I was using Better. What a guess 😮

[Fr8dog 312]

As stated above, find another one or escalate. Personally I would mention they are setting themselves up for a nice lawsuit. Discrimination based on national origin is still a thing in this country. They are not allowed to make up there own rules on these things. There is proof of legal presence and that is it. Time to put your foot down.

Edited March 10, 2021 by Fr8dog