Greencard extension expired... what now?

[Heather&Kevin 25]

Hi - I am a LPR based on marriage and applied to have conditions removed a long time ago. My case status has been this for quite a while:

As of March 4, 2020, we are ready to schedule your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXXX, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice.

Meanwhile, my Green card expired - and my 18 mont extension (I-797) has also expired (nearly 12 months ago!)

How do I get another extension letter? I tried calling USCIS but I cannot even get through the auto questions to find a real person.
Auto system keeps telling me to file I-90, but I think that is wrong, as my card is not 'lost' and I shouldn't be paying for a new one should I?

I-90 info says " Upon receipt of your properly filed Forms I-751 or I-829, U.S. Citizenship and Immigration Services (USCIS) shall extend your conditional permanent resident status automatically, if necessary, until such time as USCIS has adjudicated the petition." << But I have not received another extension after the first one ran out.

Hope you can help 😀

Edited June 9, 2021 by Heather&Kevin

[Ontarkie 14,228]

~~THread moved to ROC, from K1 P&P as the OP is way past getting a visa.~~

[Dashinka 24,514]

5 minutes ago, Heather&Kevin said:

Hi - I am a LPR based on marriage and applied to have conditions removed a long time ago. My case status has been this for quite a while:

As of March 4, 2020, we are ready to schedule your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXXX, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice.

Meanwhile, my Green card expired - and my 18 mont extension (I-797) has also expired (nearly 12 months ago!)

How do I get another extension letter? I tried calling USCIS but I cannot even get through the auto questions to find a real person.
Auto system keeps telling me to file I-90, but I think that is wrong, as my card is not 'lost' and I shouldn't be paying for a new one should I?

I-90 info says " Upon receipt of your properly filed Forms I-751 or I-829, U.S. Citizenship and Immigration Services (USCIS) shall extend your conditional permanent resident status automatically, if necessary, until such time as USCIS has adjudicated the petition." << But I have not received another extension after the first one ran out.

Hope you can help 😀

The next step is to contact USCIS customer service and try and schedule an appointment to get an I551 stamp in your passport.  As far as I know, they will not issue a new extension letter.

 

Good Luck!

 

• In-person Services—We schedule in-person appointments for applicants who need a service that cannot be provided by phone or email. For example:
  • If someone needs proof of their immigration status to work or travel   
  • When temporary visitors’ period of lawful stay is about to expire, and they need to show “satisfactory departure”
  • Emergency travel documents

Please call the Contact Center at 800-375-5283 to request an appointment.

 

https://www.uscis.gov/contactcenter

[da95826 387]

7 minutes ago, Heather&Kevin said:

How do I get another extension letter?

You call USCIS and request an infopass appointment to get an ATID stamp stamp in your passport or an i94 form if the passport is expired. The passport stamp is proof of your LPR status up to a year.

 

So request an appointment at your local field office, bring your old green card, your i751 receipt letter and the passport. 

[Heather&Kevin 25]

THANK YOU!!!!

 

I said the magic words "schedule an appointment" on the auto phone thingie and it got my straight thru to a human!!!

 

Not sure what I would do without you lovely people

 

Anyway - they'll call me back in 14 days to schedule for ADIT stamp.

[mindthegap 2,590]

Glad you got through. Usually swearing and saying ‘agent’ eventually gets you through.

 

Dont file an I-90 - it’s not applicable to people near to or in the removal of conditions phase 

[Crazy Cat 41,893]

8 minutes ago, Heather&Kevin said:

THANK YOU!!!!

 

I said the magic words "schedule an appointment" on the auto phone thingie and it got my straight thru to a human!!!

 

Not sure what I would do without you lovely people

 

Anyway - they'll call me back in 14 days to schedule for ADIT stamp.

You only have to schedule an appointment for a stamp if you need evidence of your status such as for travel or employment.  Your actual status as a legal resident doesn't expire when your extension letter expires.

BTW, some of us who filed in March of 2019 are also waiting for an interview.....

Edited June 9, 2021 by Lucky Cat

[Heather&Kevin 25]

10 minutes ago, Lucky Cat said:

You only have to schedule an appointment for a stamp if you need evidence of your status such as for travel or employment.  Your actual status as a legal resident doesn't expire when your extension letter expires.

BTW, some of us who filed in March of 2019 are also waiting for an interview.....

Thank you!   Yeah, I need to travel later this year, otherwise wouldn't go to the trouble.

I filed ROC in Dec 2018!  I got an RFI which I responded to and then the next thing was the interview being scheduled notice.

Is it the case that almost everyone is being interviewed, due to 'extreme vetting'?

Or are our cases worthy of an interview for some reason?

I never really understood what's happening now!

[Crazy Cat 41,893]

2 minutes ago, Heather&Kevin said:

Thank you!   Yeah, I need to travel later this year, otherwise wouldn't go to the trouble.

I filed ROC in Dec 2018!  I got an RFI which I responded to and then the next thing was the interview being scheduled notice.

Is it the case that almost everyone is being interviewed, due to 'extreme vetting'?

Or are our cases worthy of an interview for some reason?

I never really understood what's happening now!

USCIS can, at their discretion, waive interviews for certain cases.  The rest of us WILL get interviews:

https://www.litwinlaw.com/important-announcements/uscis-revises-interview-waiver-guidance-for-form-i-751/#:~:text=Generally%2C USCIS officers must interview,unless the interview is waived.&text=There are no complex facts,require an interview to resolve.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:

• They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
• For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
• There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
• There are no complex facts or issues that require an interview to resolve.

[Heather&Kevin 25]

3 minutes ago, Lucky Cat said:

 

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived.

Thank you - ah yes! It's coming back to me now.  I remember reading it used to be the opposite (waive was the norm) - but they changed it around the time I filed ROC.

 

Should have done it earlier.

Ho hum - just another mountain of paperwork needed when they eventually get in touch.

Have they started chipping away at the backlog after covid yet?

[Scandi 4,166]

9 hours ago, Heather&Kevin said:

Thank you!   Yeah, I need to travel later this year, otherwise wouldn't go to the trouble.

I filed ROC in Dec 2018!  I got an RFI which I responded to and then the next thing was the interview being scheduled notice.

Is it the case that almost everyone is being interviewed, due to 'extreme vetting'?

Or are our cases worthy of an interview for some reason?

I never really understood what's happening now!

Looks like you guys are getting an interview because you couldn't provide enough evidence of a bonafide marriage. 

 

According to your timeline you already had an interview at the AOS stage, that means technically you don't get an interview for ROC (there are a few exceptions, of course). USCIS even tried to approve you guys without an interview by sending an RFE asking for more evidence. The evidence you sent still wasn't enough to approve you, so now they need to interview you to make sure it's a bonafide marriage. 

[zilchfox 296]

18 hours ago, Heather&Kevin said:

Hi - I am a LPR based on marriage and applied to have conditions removed a long time ago. My case status has been this for quite a while:

As of March 4, 2020, we are ready to schedule your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXXX, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice.

Meanwhile, my Green card expired - and my 18 mont extension (I-797) has also expired (nearly 12 months ago!)

How do I get another extension letter? I tried calling USCIS but I cannot even get through the auto questions to find a real person.
Auto system keeps telling me to file I-90, but I think that is wrong, as my card is not 'lost' and I shouldn't be paying for a new one should I?

I-90 info says " Upon receipt of your properly filed Forms I-751 or I-829, U.S. Citizenship and Immigration Services (USCIS) shall extend your conditional permanent resident status automatically, if necessary, until such time as USCIS has adjudicated the petition." << But I have not received another extension after the first one ran out.

Hope you can help 😀

I believe you have already got the ball rolling on an InfoPass appointment, so just a few tips:

- Make sure to bring your expired green card and extension letter

- Bring in any NOAs for pending cases (I-751 of course, and N-400 if you have it)

- Don’t forget your foreign passport!

 

They’ll most likely confiscate the green card to be shredded, then they will put a stamp in your passport. I had to go through the exact same process as you, except I got my InfoPass appointment just a few days before my extension letter expired. Good luck!

[Heather&Kevin 25]

On 6/10/2021 at 8:37 AM, zilchfox said:

I believe you have already got the ball rolling on an InfoPass appointment, so just a few tips:

- Make sure to bring your expired green card and extension letter

- Bring in any NOAs for pending cases (I-751 of course, and N-400 if you have it)

- Don’t forget your foreign passport!

 

They’ll most likely confiscate the green card to be shredded, then they will put a stamp in your passport. I had to go through the exact same process as you, except I got my InfoPass appointment just a few days before my extension letter expired. Good luck!

Thank you!  

Finally got my call back and schedule the infopass appointment for next week

The guy on the phone told me to bring my passport and a mask - and that is all I need.

I will obviously take my Greencard and previous extension letter.

Do you think I need the most recent NOA for I-751? 
That's one piece of paper that is proving hard to find.

 

[USC4SPOUSE 506]

4 minutes ago, Heather&Kevin said:

Thank you!  

Finally got my call back and schedule the infopass appointment for next week

The guy on the phone told me to bring my passport and a mask - and that is all I need.

I will obviously take my Greencard and previous extension letter.

Do you think I need the most recent NOA for I-751? 
That's one piece of paper that is proving hard to find.

 

They will keep the green card. I would make a copy of your green card (in color) front and back. I would even scan it onto your computer - just in case you ever need to reference it.