Green card expiring soon, applying for N-400

[undecided_gal010 0]

Hello all!

 

Long story short, I'm a LPR who is currently in the process of completing the N-400. My GC expires in about 5.5 months. Based on what I'm seeing online, the general rule is if less than 6 months till your GC expires, then first complete I-90. But if there is more than 6 months till GC expires, then just file N-400. Though it seems like this is rarely enforced, so I'm thinking of just submitting the N-400 so I don't have to fork out more money for the I-90. So my question is...

 

Can I still get an I-551 stamp, even if I file my N-400 with less than 6 months until my GC expires? I'm not planning to travel anytime soon, but given the longer than average processing times, my concern is if I end up getting a new job, and my GC is expired, I have no way to prove my lawful status for I-9 verification. Or if I end up moving states, and my GC is expired, I'll run into the same issue -- unable to prove my lawful status to get a drivers license.

[NancyNguyen 1,657]

USCIS won't stamp for you without an emergency travel and proof of I-90. They don't like when you try to outsmart them.

[undecided_gal010 0]

Thanks Nancy! Definitely did not intend to outsmart them, from reading online it sounded like the 6 month rule was not enforced. In that case, am I able to submit the N-400 and I-90 at the same time? Could that cause any issues?

[NancyNguyen 1,657]

Just send in N400 when you can. Unlike 2-year GC, 10-year GC expires but your status doesn't expire. It is just hassle if you need to travel when your GC is  expired.

[undecided_gal010 0]

My concern is that given how long N-400 processing times are now (USCIS site says up to 36 months), if I end up getting a new job or moving states, I'll need proof of my LPR status. And with a pending N-400 and expired green card, I wouldn't be able to prove my LPR status if I'm understanding correctly.

[M*M 26]

You have to get an infopass appointment in local application service center and get a temp GC stamp and can use for job proof until u get citizenship

[NancyNguyen 1,657]

5 minutes ago, M*M said:

You have to get an infopass appointment in local application service center and get a temp GC stamp and can use for job proof until u get citizenship

They won’t stamp without proof of I-90, OP wants to save money on it.

[undecided_gal010 0]

I did not realize I-90 was required to get the I-551 stamp. Thought I could get it with pending N-400, but I was wrong. So I'll need to submit the I-90 also. Is there any issue with having a pending N-400 and pending I-90 at the same time?

Edited July 10, 2020 by undecided_gal010

[Lucky2Lucky 2,526]

I think you have to make a decision to either pay for another green card or commit to not changing jobs/states until you are a citizen. 

[Rick & Apple 233]

1 hour ago, undecided_gal010 said:

My concern is that given how long N-400 processing times are now (USCIS site says up to 36 months), if I end up getting a new job or moving states, I'll need proof of my LPR status. And with a pending N-400 and expired green card, I wouldn't be able to prove my LPR status if I'm understanding correctly.

N-400 processing times can depend a lot on where the field office is. My wife filed her N-400 in Jan. 2020, and had her interview 2 days ago, July 8. The field office is in Memphis, TN. In the group of Jan. 2020 filers here on Visa Journey, there have been interviews scheduled in Nashville, Memphis, Ft. Smith, AR, Kansas City and San Antonio. Field offices closer to the borders appear to be moving slower.

[Canerican 242]

I understand that you do not have to have a green card that is valid to apply for citizenship. I would caution the OP to realize that it is the law to carry your green card with you, though unlikely you will be asked to prove status. On the other hand, if OP moves to a border state after applying for citizenship then the OP will definitely want to have a valid green card.