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CamillaAuch93

HELP Advice Needed - Getting ready to file I751 but DO NOT have Green CardH

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Hi all,

I've lurked on these forums for months and finally need some advice. I'm getting ready to file I-751 but do NOT have a physical green card as it went missing overseas in December 2016, I immediately filed an I-90 but they are so backlogged. I'm STILL waiting to receive it but it could be a while (Current processing times are in Sept 2016, so still 3 months out from me). I'm expecting my I-90 will be approved in Nov/Dec

 

Anyway- I can file my I751 Mid October and I'm already worried about not having enough supporting evidence. But my major concern is I do not have a physical green card, nor do I have anything besides a picture of the front of green card before it went missing, I don't have a back copy (my PC died and it wasn't backed up, luckily had a photo of the front on husband's old phone).  Everywhere I've read you have to submit front and back copy of card.


Another thing I need advice on- if I file I-751 at 90 days before GC expires, and my I-90 to replace hasn't been approved, will it cancel it and I won't get my physical GC because it's so close to expiration? If that happens, I will get the stamp to travel. But, I'm just worried because then when I want to file next October 2018 for N400, I doubt i will be able to because I will have NO physical green card or real copy.....


Filed I-90: December 2016 (Still pending and only processing Sept 2016 currently, so I expect another 3-4 month wait)

Filing I-751 October 2017 (Will this cancel my I-90? I don't want to not file my I-751 to close to deadline but also I want physical green card back even if it will expire so soon)

Filing N-400 October 2018 ???

 

I feel like I'm in such a difficult position with my I-90 hoping to be approved so close to I-751 filing time. I've dreaded this moment since my GC went missing and now having to face reality head on.

Any advice anyone can provide will be great. I have spoken to a few immigration lawyers in my area who honestly have no idea what to do either, alot of them said I know more about the process than them :(


 

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I'd file sooner rather than later.  Your I-751 filing should have no impact on your I-90.

 

All that you can do is to submit your I-751 package with the photo that you have of the green card, a copy of your I-90, and an explanation (reminder) to USCIS that the system is backlogged.  To fend off a potential RFE in advance, you might say now that if they want a full copy of the green card, they should expedite its production so that you can then copy it and send it to them.

 

If you're really concerned, you might try for an InfoPass appointment first, to see what they say about the GC.  However, they might simply reiterate that the system is backlogged.

 

In terms of providing other supporting evidence:  draft wills, medical & general powers of attorney, and similar documents.  These make outstanding I-751 evidence and are even more important to have in "life."  Find a lawyer, or find on-line templates that are valid for your U.S. state of residence, or visit legalzoom.com or other such sites.  You'll feel a lot better when you have these all done and in hand.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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