Pending I-751 and I-90 (USCIS GC error); What next? N400, I-551 stamp or infopass?

[T+E 2]

I am just looking for others' experiences in figuring out this puzzle (I've searched many threads, but cannot find this combination of issues):

USCIS issued me the wrong Green card with a 10-yr expiration, when I should have received a 2-yr conditional GC (K-1 marriage less than 2-years before AOS). I realized USCIS made this 1.5 years later, and immediately filed an I-90 to correct this.  I received the NOA for the I-90, which I included in the I-751 ROC filing. I have also received the NOA for the I-751, and a confirmation letter that new biometrics are not required. 

 

Now I am entering the N400 filing window (2yr + 9mo) with BOTH a pending I-90 and I-751, and trying to figure out if I need to take any other precautionary steps before filing the N400...

Questions:

1. I-551 stamp - While I have the (incorrect) physical 10-yr GC in hand, would USCIS reject issuing an I-551 stamp?  If not, is there a benefit to requesting the I-551 in this case? Nearest USCIS location is San Francisco.
2. N400 - Are there any reasons that starting the N400 filing with pending I-751 would create problems, since the I-90 is also pending and I am still holding the incorrect 10-yr GC?
3. INFOPASS - I've read many posts here saying that Infopass resulted in conflicting or confusing information.  Is it still recommended?

I know bits and pieces of this have been discussed in many threads, but have found none discussing both pending I-90 and I-751 during N400 filing... Thank you for your thoughts!

Edited April 8, 2022 by T+E

[Mike E 11,739]

3 hours ago, T+E said:

1. I-551 stamp - While I have the (incorrect) physical 10-yr GC in hand, would USCIS reject issuing an I-551 stamp?  If not, is there a benefit to requesting the I-551 in this case? Nearest USCIS location is San Francisco.

I don’t see a need for a stamp. Worst case when you enter a USA port of entry, CBP will confiscate the card, and give you a temporary alternative such as a stamp in your passport or a paper I-94 with a stamp.  
 

When you check in for a flight, don’t show the airline your I-751 and I-90 receipts.  Your 10 year green card is your boarding document 
 

Quote

2. N400 - Are there any reasons that starting the N400 filing with pending I-751 would create problems, since the I-90 is also pending and I am still holding the incorrect 10-yr GC?

The I-90 has no effect and I don’t expect, now they your I-751 is pending, USCIS to ever act on your I-90.  
 

In some field offices, filing N-400 while there is a pending I-751 does slow down the process. Seattle is notorious for this. 
 

Quote

 

3. INFOPASS - I've read many posts here saying that Infopass resulted in conflicting or confusing information.  Is it still recommended?

Why do you need an Infopass?

Edited April 8, 2022 by Mike E

[mindthegap 2,590]

Remember that a card is proof of status and not the status itself...

So, although your 10 year card is technically valid, in that you are indeed a lawful permanent resident and still very much in status, it is not really a valid document, as it has an erroneous expiry date.  So although you are indeed a permanent resident, you don't have that crucial clear unambiguous proof of your current status.

Many think they don't really need clear proof of your status...until they suddenly do, in which case it can be too late for something, or is hurried in an emergency. 

In your situation (and mine) I would rather have an I-551 stamp as absolute peace of mind of proof of status, rather than relying on an erroneously issued card coupled with a confusing extension letter/receipt. 

Make an infopass and get a stamp. It shouldn't be an issue in this complicated scenario. After all, the 10  year card is technically invalid, and the extension letter/receipt is useless by itself when not used in conjunction an expired 2 year card.

 

If you do want to travel internationally without getting a stamp, I would be very, very hesitant to use the 10 year card for either check in (where it will be swiped and submitted as part of the APIS) or at CBP (where it will be swiped and then verified). Their system knows you are conditional resident and it may well result in an extended and awkward visit to secondary, or worse. Will it work? Yes, in all probably it would - after all, you can even board a flight to the US with an expired 10 year card - but the one time it doesn't and it causes you massive issues you will wish you had got it sorted sooner. 

 

4 hours ago, T+E said:

2. N400 - Are there any reasons that starting the N400 filing with pending I-751 would create problems, since the I-90 is also pending and I am still holding the incorrect 10-yr GC?

No. Card is proof of status and not the status itself. You remain a LPR, and (assuming you meet the N400 criteria, AND meet the 3 year filing criteria) you remain N-400 filing eligible 

 

4 hours ago, T+E said:

3. INFOPASS - I've read many posts here saying that Infopass resulted in conflicting or confusing information. 

Conflicting, incorrect and confusing information is one thing USCIS does exceptionally well. 

Edited April 8, 2022 by mindthegap

[greatness 0]

@mindthegap please can i send you a personal message

[Family 3,988]

Kudos to you for holding on to the plastic card !
I-90 was a perfect action but of course won’t get you a corrected physical replacement card since you waited 1.5 years to file it. 

 Your I-751 will move at it’s own pace .File the N-400 and you may get an interview within 6 months at which point Everything can be resolved with the push of a button. 

I absolutely agree to InfoPass and get a stamp , but just carry the I-90 receipts and I-751 Receipts with you, as they will likely keep the card. 

 

[Mike E 11,739]

If an info pass is granted, OP will most likely have to relinquish the 10 year green card.  
 

I definitely wouldn’t do it.  

[annrose 27]

On 4/8/2022 at 1:57 AM, T+E said:

I am just looking for others' experiences in figuring out this puzzle (I've searched many threads, but cannot find this combination of issues):

USCIS issued me the wrong Green card with a 10-yr expiration, when I should have received a 2-yr conditional GC (K-1 marriage less than 2-years before AOS). I realized USCIS made this 1.5 years later, and immediately filed an I-90 to correct this.  I received the NOA for the I-90, which I included in the I-751 ROC filing. I have also received the NOA for the I-751, and a confirmation letter that new biometrics are not required. 

 

Now I am entering the N400 filing window (2yr + 9mo) with BOTH a pending I-90 and I-751, and trying to figure out if I need to take any other precautionary steps before filing the N400...

Questions:

1. I-551 stamp - While I have the (incorrect) physical 10-yr GC in hand, would USCIS reject issuing an I-551 stamp?  If not, is there a benefit to requesting the I-551 in this case? Nearest USCIS location is San Francisco.
2. N400 - Are there any reasons that starting the N400 filing with pending I-751 would create problems, since the I-90 is also pending and I am still holding the incorrect 10-yr GC?
3. INFOPASS - I've read many posts here saying that Infopass resulted in conflicting or confusing information.  Is it still recommended?
 

Hi, I am in a similar situation now filing I-751.

When you filed you I-751 application form, what did you fill as the expiry date of conditional status ?

 

Did you return your erroneous 10 year green card during your I-751 process?

[jackiegringa 419]

On 4/9/2022 at 2:47 AM, Mike E said:

If an info pass is granted, OP will most likely have to relinquish the 10 year green card.  
 

I definitely wouldn’t do it.  

He has the wrong green card, keeping it and using it knowing it was incorrect does not bode well for "good moral character" needed for N-400...

 

I'd follow @mindthegap advice and try for a stamp - in a best case scenario you get the stamp with the validity of your I-751 extension letter which might even be bumped to 48 months if you can wait for the new one.

 

If you don't plan to change jobs or travel internationally maybe don't bother. But I would not make use of a erroneous GC knowingly.

Edited January 27, 2023 by jackiegringa

[Mike E 11,739]

“Just go get a stamp” 

 

😂

[jackiegringa 419]

35 minutes ago, Mike E said:

“Just go get a stamp” 

 

😂

Yes? I waited 4 months to get one and was difficult and stressful so quite aware you can't "just get a stamp". It is still good advice for OP.

[Mike E 11,739]

And for four months how did you feed yourself? Drive?

 

People are literally unable to work, travel, drive despite being issued a gc 

 

You  would not use your erroneous  10 year  gc to get a DL, unrestricted SS card, travel to see a relative who needs  you?  Even after filing I-751?

 

Would refuse to use a gc with the wrong birth date, resident since date, finger print, code?

 

I’m out. 

 

 

Edited January 27, 2023 by Mike E

[annrose 27]

As per OP’s  timeline, it seems like OP got the I-751 approved and is currently in process of N-400 interview.