I lost my GreenCard 4 months before it expires

[Sara0101 27]

Hello everyone,

 

someone stole or I lost my wallet 4 months before my conditional GreenCard that I got through a K1 visa and marriage expires. I applied for a replacement (I-90) right away and it’s estimated to only take 3 months what is great.

 

Yesterday I got a letter from the USCIS to file form I-751 to remove my conditions what I obviously can’t right now. But then I read some more on the USCIS website and it said all people that file form I-90 get the GreenCard validated 12-24 months in the future but it said only for permanent residents and I’m only a conditional resident right now as I understand.
 

I am all confused now it I should just file the form I-751 or wait until I have my new GreenCard.

 

I appreciate everyone’s help :)

[Rocio0010 5,579]

13 minutes ago, Sara0101 said:

what I obviously can’t right now

Why not? You can and actually SHOULD. 
Instead of providing them with a copy of the green card, you provide them with a copy of the I-90 receipt. Hopefully you have also filed  a police report and you should send that too. 

[Sara0101 27]

5 minutes ago, Rocio0010 said:

Why not? You can and actually SHOULD. 
Instead of providing them with a copy of the green card, you provide them with a copy of the I-90 receipt. Hopefully you have also filed  a police report and you should send that too. 

Well I thought that I couldn’t because I don’t have my GreenCard (I do have a picture of the front side though when I got it) and because the expiration date is probably going to be different once I get my new GreenCard and the 90 day rule won’t apply anymore but maybe I’m wrong..

 

Police wouldn’t let me file a police report because they had no one to file it against because it was stolen at work out of our break room. But I do have a number they gave me for a notice they put in my file that I can put in.

[OldUser 6,633]

15 minutes ago, Sara0101 said:

because the expiration date is probably going to be different once I get my new GreenCard and the 90 day rule won’t apply anymore but maybe I’m wrong..

No, the expiration would not be any different. Just because you lost a conditional GC or it got stolen, USCIS is not going to give you other expiration date. USCIS is not going to exempt you from filing ROC either.

 

You can and should apply for I-751 as soon as you become eligible. It's OK if you don't have a physical green card when you apply for I-751. 

 

The most likely outcome is:

* You file I-751 with I-90 receipt attached

* Your I-90 gets eventually denied

* You get decision on I-751

Edited April 8, 2023 by OldUser

[Sara0101 27]

2 minutes ago, OldUser said:

No, the expiration would not be any different. Just because you lost a conditional GC or it got stolen, USCIS is not going to give you other expiration date. You can and should apply for I-751 as soon as you become eligible. It's OK if you don't have a physical green card when you apply for I-751. 

This is what their website says that it will extend  the validity of green cards to 24 months for everyone that applies for the form I-90. But when both of y’all think I should file the form I-751 I’m probably just going to do it to be on the safe side.

[OldUser 6,633]

4 minutes ago, Sara0101 said:

This is what their website says that it will extend  the validity of green cards to 24 months for everyone that applies for the form I-90. But when both of y’all think I should file the form I-751 I’m probably just going to do it to be on the safe side.

You don't have physical GC to extend. Extension letter needs to be accompanied with expired GC to be worth anything.

 

Since you have a I-90 now, I would encourage you to request a free ADIT (I-551) stamp. You get this stamp on passport or separate document, and will be proof of your status for a year.

 

I know it's counter intuitive, but you're unlikely going to receive replacement conditional GC. And you have an annoying prospect of renewing ADIT stamp every year until I-751 is approved.

Edited April 8, 2023 by OldUser

[Allaboutwaiting 2,503]

Do you already have the receipt notice for the I-90?

 

I'm not sure if the front pic would be enough to file. Maybe you can file a FOIA request just for the card.

 

And you MUST file for removal of conditions within your 90 days window. 

[Sara0101 27]

2 minutes ago, Allaboutwaiting said:

Do you already have the receipt notice for the I-90?

 

I'm not sure if the front pic would be enough to file. Maybe you can file a FOIA request just for the card.

 

And you MUST file for removal of conditions within your 90 days window. 

Yes I already have my I-90 notice someone else said I should put that in my I-751 application what I will probably end up doing. 
 

The 90 day period will start in two weeks for me and I have to wait two more months for a decision for the I-90 so I guess they would maybe have the new GreenCard on file by the time they actually start working on my I-751 or at least I would have it in case I get an RFE.

[Allaboutwaiting 2,503]

Just now, Sara0101 said:

Yes I already have my I-90 notice someone else said I should put that in my I-751 application what I will probably end up doing. 
 

The 90 day period will start in two weeks for me and I have to wait two more months for a decision for the I-90 so I guess they would maybe have the new GreenCard on file by the time they actually start working on my I-751 or at least I would have it in case I get an RFE.

The main issue is that ROC requires a copy of front and back of the green card. The case could be rejected if that is not in your packet. 

 

And I'm not sure if they will actually issue a card that might be valid for just a month - if they process your case past the expiration date they won't issue it at all-.

[OldUser 6,633]

@Sara0101 2 month decision for I-90 is not guaranteed. Sometimes it takes over a year. USCIS is unlikely going to print a card with few days / weeks of validity and definitely not going to print expired GC. They cannot simply change expiration date on conditional GC.

 

File I-751 and include I-90 in it. That's the right course of action.

[OldUser 6,633]

10 minutes ago, Allaboutwaiting said:

The main issue is that ROC requires a copy of front and back of the green card. The case could be rejected if that is not in your packet. 

If @Sara0101 made copies of her conditional GC (which is always a good practice when recieving any document from USCIS), those can be included.

 

If no copies available, probably need to explain in cover letter.

[Sara0101 27]

10 minutes ago, OldUser said:

@Sara0101 2 month decision for I-90 is not guaranteed. Sometimes it takes over a year. USCIS is unlikely going to print a card with few days / weeks of validity and definitely not going to print expired GC. They cannot simply change expiration date on conditional GC.

 

File I-751 and include I-90 in it. That's the right course of action.

Okay that all makes a lot of sense thank you for all the replies. Now I’m just scared that the case will be rejected right away because I didn’t make both copies (stupid of me I should’ve definitely done that..). But I feel like if I will explain it on my cover letter and send in the copy of my I-90 they will hopefully not reject it.

[OldUser 6,633]

Just now, Sara0101 said:

Okay that all makes a lot of sense thank you for all the replies. Now I’m just scared that the case will be rejected right away because I didn’t make both copies (stupid of me I should’ve definitely done that..). But I feel like if I will explain it on my cover letter and send in the copy of my I-90 they will hopefully not reject it.

You're going to be OK with copy of I-90 and quick explanation in cover letter. Most of the times it should work. Just don't file on the first day of ROC window, maybe on second or third to avoid early filing rejection.

 

 

[Allaboutwaiting 2,503]

Just now, Sara0101 said:

Okay that all makes a lot of sense thank you for all the replies. Now I’m just scared that the case will be rejected right away because I didn’t make both copies (stupid of me I should’ve definitely done that..). But I feel like if I will explain it on my cover letter and send in the copy of my I-90 they will hopefully not reject it.

Include the image you have of your GC, an explanation and the I-90 receipt notice. 

If it is rejected, they won't charge the fee and they will say why it was rejected so you would be able to file again including what's needed. 

 

Given that you have the I-90 receipt notice already, call customer service to request for a paper ADIT to be sent to your house. That will be your proof of residency. 

[Sara0101 27]

3 minutes ago, OldUser said:

You're going to be OK with copy of I-90 and quick explanation in cover letter. Most of the times it should work. Just don't file on the first day of ROC window, maybe on second or third to avoid early filing rejection.

 

 

Perfect, I’m gonna start prepping everything now but definitely going to wait a couple days after my window don’t want anything else to go wrong!