Question about I-551 stamp requirements

[Ani_B 9]

Hi!

I was wondering if someone can help me out here. I was reading through the ROC section in VisaJourney (I'm about to send out my package today, as it's just a few days into the start of the 90 day window) and I was wondering if anyone could clarify a few things for me.

 

If, for some reason, it takes more than a year to get the conditions removed and a new green card sent out, is this saying that I will need to get a stamp in my passport? I am confused because the next line then states that if you have an expired green card and extension letter, the office won't give a stamp. But what if it goes past a year from the date of the extension letter? Would I still need a stamp?

 

Also, my passport is still in my maiden name. I had 8 years left on it when I arrived (it expires 2026) and the U.K passport office said I didn't have to change the name until it expired and I could just travel under my maiden name.

 

What happens if I need to get a I-551 stamp in my passport, but it is still in my maiden name? Will that be an issue? Or as long as I have my marriage certificate and GC to prove it's still me, should this be OK? I just know there are huge backlogs in passport processing due to COVID.

Thanks for any help.

 

[OldUser 6,639]

Many field offices take over a year (close to 1.5 - 2 years) to remove conditions nowadays. This is why when you file I-751 you generally get 24 month extension letter for your green card. Most of the times, that's enough to get conditions removed. If, for whatever reason, your extension letter expires, then yes, you would need to get I-551 stamp.

 

Usually, your Green Card and extension letter are taken away when you get ADIT (I-551) stamp in your passport. Therefore, there is no incentive to get it earlier than 2 years after your green card expires (with 24 month extension). And often, USCIS local field office won't give it to you if you have expired GC and valid extension letter.

 

As to your UK passport, who and how told you it cannot be changed earlier? Was it over the phone? You can pay the fees and renew your UK passport whenever you need to. Your name changed, it's always best to have your current name on passport. Not sure whether you can renew passport with new name online, but for regular renewals you can do it without leaving the US.

Edited December 29, 2022 by OldUser

[Mike E 11,739]

4 minutes ago, Ani_B said:

If, for some reason, it takes more than a year to get the conditions removed and a new green card sent out, is this saying that I will need to get a stamp in my passport? I

No. The extension letter is good for 24 months. If you don’t get approved before 24 months after your green card expires, then, assuming USCIS doesn’t change policy again (and issue 30 or 36 month extension letters) that is when you would need a stamp.  
 

But even then only if you need one. USCIS is loathe these days to issue a stamp even for emergencies though some field offices are better than others about this.  

 

Need means: international travel, I-9 verification, drivers license renewal.  
 

Do you have an unrestricted social security card ? If not, now is the time to get one before Covid restrictions close SSA again. 

[Ani_B 9]

Thanks for the response. Would be passport being in my maiden name be an issue?

[Mike E 11,739]

Just now, Ani_B said:

Thanks for the response. Would be passport being in my maiden name be an issue?

You can ask for your stamp to be placed in a paper I-94 card. 

[Ani_B 9]

 

1 minute ago, Mike E said:

No. The extension letter is good for 24 months. If you don’t get approved before 24 months after your green card expires, then, assuming USCIS doesn’t change policy again (and issue 30 or 36 month extension letters) that is when you would need a stamp.  
 

But even then only if you need one. USCIS is loathe these days to issue a stamp even for emergencies though some field offices are better than others about this.  

 

Need means: international travel, I-9 verification, drivers license renewal.  
 

Do you have an unrestricted social security card ? If not, now is the time to get one before Covid restrictions close SSA again. 

Hi!

I have an unrestricted SSN. I applied for that as soon as I got my conditional residency GC. It's in my married name. I also have a NY State ID card in my married name.

Just now, Mike E said:

You can ask for your stamp to be placed in a paper I-94 card. 

Does this mean that my passport in maiden name wouldn't be an issue? Thanks!

[Ani_B 9]

4 minutes ago, OldUser said:

Many field offices take over a year (close to 1.5 - 2 years) to remove conditions nowadays. This is why when you file I-751 you generally get 24 month extension letter for your green card. Moat of the time, that's enough to get conditions removed. If, for whatever reason, your extension letter expires, then yes, you would need to get I-551 stamp.

 

Usually, your Green Card and extension letter are taken away when you get ADIT (I-551) stamp in your passport. Therefore, there is no incentive to get it earlier than 2 years after your green card expires (with 24 month extension). And often, USCIS local field office won't give it to you if you have expired GC and valid extension letter.

 

As to your UK passport, who and how told you it cannot be changed earlier? Was it over the phone? You can pay the fees and renew your UK passport whenever you need to. Your name changed, it's always best to have your current name on passport. Not sure whether you can renew passport with new name online, but for regular renewals you can do it without leaving the US.

I spoke to a Her Majesty's Passport Office employee online and they said I could change it earlier ( before I left the UK), but they said I did not have to and it would be fine to just change it when it expires.There are ways to change it online. Sadly passport renewals for the U.K cannot be done at the Embassy here and I would need to do it online / by post. But at least I do not have to leave the country to get it done.

[Rearviewmirror 397]

4 minutes ago, Mike E said:

Do you have an unrestricted social security card ? If not, now is the time to get one before Covid restrictions close SSA again. 

Why is this beneficial? My understanding is that as long as I have an I-797 this shouldn't matter? 

[Mike E 11,739]

1 minute ago, Ani_B said:

 

 

Does this mean that my passport in maiden name wouldn't be an issue? Thanks!

No more of an issue than your passport being in your maiden name today while your green card is in your married name. The I-94 approach makes it crystal clear what the name of the LPR is.  

[OldUser 6,639]

Just now, Ani_B said:

I spoke to a Her Majesty's Passport Office employee online and they said I could change it earlier ( before I left the UK), but they said I did not have to and it would be fine to just change it when it expires.There are ways to change it online. Sadly passport renewals for the U.K cannot be done at the Embassy here and I would need to do it online / by post. But at least I do not have to leave the country to get it done.

You can done it online

https://www.gov.uk/changing-passport-information

 

It's a very easy straightforward process. You don't have to leave the US. You can ship and receive your UK passport via DHL. We're talking about $100-150 for the whole renewal. Of course, you cannot travel while it renews. 

 

You can check this forum for passport renewal times, people share their experiences depending where in UK it goes:

https://www.passportwaitingtime.co.uk/

 

 

[Ani_B 9]

Just now, OldUser said:

You can done it online

https://www.gov.uk/changing-passport-information

 

It's a very easy straightforward process. You don't have to leave the US. You can ship and receive your UK passport via DHL. We're talking about $100-150 for the whole renewal. Of course, you cannot travel while it renews. 

 

You can check this forum for passport renewal times, people share their experiences depending where in UK it goes:

https://www.passportwaitingtime.co.uk/

 

 

Yes! It doesn't seem difficult at all! I still have a few years left on my passport though, so I will look to do it some time next year. I'll need it to travel in 2024

[OldUser 6,639]

3 minutes ago, Rearviewmirror said:

Why is this beneficial? My understanding is that as long as I have an I-797 this shouldn't matter? 

Because you don't even need the I-551 stamp if ROC takes over 24 months unless you have to travel. This is the benefit of DL and unrestricted social security card.

[Mike E 11,739]

6 minutes ago, Rearviewmirror said:

Why is this beneficial? My understanding is that as long as I have an I-797 this shouldn't matter? 

Once your extension letter expires and once USCIS refuses to issue an I-551 stamp, it will become impossible to use your green card to get a new job at an employer that refuses to use e-verify to verify your work authorization.  
 

Unrestricted social security cards never expire.  And they are I-9 work authorization documents. The greatest loop hole in the 1986 update to the INA law.  
 

In some states, an unrestricted social security card helps to get a drivers license.  
 

 

Edited December 29, 2022 by Mike E

[Ani_B 9]

2 minutes ago, Mike E said:

Once your extension letter expires and once USCIS refuses to issue an I-551 stamp, it will become impossible to get a new job at an employer that refuses to use e-verify to verify your work authorization unless you have unexpired work authorization documents.  
 

Unrestricted social security cards never expire.  And they are I-9 work authorization documents. The greatest loop hole in the 1986 update to the INA law.  
 

In some states, an unrestricted social security card helps to get a drivers license.  
 

 

If I recall, for I-9 List C and List  B documents, if you have an unrestricted SSN and a valid ID, like Driver's LIcence, State ID, that meets the I-9 requirements. I made sure to get a State ID a few months ago in preparation for this. 

Edited December 29, 2022 by Ani_B

[Mike E 11,739]

2 minutes ago, Ani_B said:

If I recall, for I-9 List C documents, if you have an unrestricted SSN and a valid ID, like Driver's LIcence, State ID, that meets the I-9 requirements

Correct. 

Quote

 

. I made sure to get a State ID a few months ago in preparation for this. 

Good.  Once your gc expires most states will only give you a DL good until the end of your extension letter.  This happened to my wife when we moved to a new state.  

Edited December 29, 2022 by Mike E