Filing I-751 without a copy of expired green card

[Kitta&Owen 22]

Hi everyone! 

 

Hope all is well. I would appreciate any help/advice I can get as we are STILL going through the headache of getting a green card for my husband. 

 

We are currently starting the process of filing an I-751 for my husband but we do not have a copy of his green card as he never received it. How should we go about this since they require the copy?

 

Backstory: We were approved for the 2 year green card but it was lost in mail and was destroyed so we never received it. We went through the process of filing for a replacement card and have been waiting for almost 2 years and it still shows its in process- but it will be expired before we even get it, so that is why we are filing for I-751.

 

I know I am probably not using correct terminology, but I hope it all makes sense. I would really appreciate any advice at all! Thank you guys

[Mike E 11,727]

Was I-90 ever filed?

 

Was an I-551 stamp ever obtained?

[da95826 387]

8 minutes ago, Kitta&Owen said:

Backstory: We were approved for the 2 year green card but it was lost in mail and was destroyed so we never received it. We went through the process of filing for a replacement card and have been waiting for almost 2 years and it still shows its in process- but it will be expired before we even get it, so that is why we are filing for I-751.

You are a conditional legal permanent resident, you are REQUIRED to file to remove the conditions on your LPR. You are not renewing a green card, you are removing the conditions on your green card. If you do not file an i751 within 90 days of the second anniversary of the start of the LPR (the date AOS was approved or the date you enter the USA on a CR1 visa) you will lose your LPR status eventually.

  

File the i751 even if you don’t have the physical green card do not delay.

 

If you don't have the replacement green card in hand I would submit a copy of your i90 receipt notice assuming you file for your replacement green card, a copy of your AOS approval (if you got GC in the USA) or a copy of your CRI visa with proof of your entry date (if you got green card when entering USA).

Explain the situation in your cover letter when you file your i751. 

[Timona 3,972]

1 hour ago, da95826 said:

 

Problem is, they never received the card. As such, they don't even know the date it was printed..but I guess since they got the notice of approval, the can eyeball using the "month." 

[Lil bear 3,869]

25 minutes ago, Timona said:

Problem is, they never received the card. As such, they don't even know the date it was printed..but I guess since they got the notice of approval, the can eyeball using the "month." 

As the timeline states the entry into to US on Cr1 visa.. the “date” on the GC of LPR since would be the entry date 

[bakphx1 785]

2 hours ago, Kitta&Owen said:

Hi everyone! 

 

Hope all is well. I would appreciate any help/advice I can get as we are STILL going through the headache of getting a green card for my husband. 

 

We are currently starting the process of filing an I-751 for my husband but we do not have a copy of his green card as he never received it. How should we go about this since they require the copy?

 

Backstory: We were approved for the 2 year green card but it was lost in mail and was destroyed so we never received it. We went through the process of filing for a replacement card and have been waiting for almost 2 years and it still shows its in process- but it will be expired before we even get it, so that is why we are filing for I-751.

 

I know I am probably not using correct terminology, but I hope it all makes sense. I would really appreciate any advice at all! Thank you guys

I would just file-as long as you have the A-number you can complete the paperwork.  I would put a short letter on top outlining the info provided and state there that the green card was never received.  They can verify in their own records that the green card was never received. It could even help if that reviewer sees it’s been hung up a long time to move it to being produced.

[Kitta&Owen 22]

3 hours ago, da95826 said:

You are a conditional legal permanent resident, you are REQUIRED to file to remove the conditions on your LPR. You are not renewing a green card, you are removing the conditions on your green card. If you do not file an i751 within 90 days of the second anniversary of the start of the LPR (the date AOS was approved or the date you enter the USA on a CR1 visa) you will lose your LPR status eventually.

  

File the i751 even if you don’t have the physical green card do not delay.

 

If you don't have the replacement green card in hand I would submit a copy of your i90 receipt notice assuming you file for your replacement green card, a copy of your AOS approval (if you got GC in the USA) or a copy of your CRI visa with proof of your entry date (if you got green card when entering USA).

Explain the situation in your cover letter when you file your i751. 

Thank you for the advice!

1 hour ago, bakphx1 said:

I would just file-as long as you have the A-number you can complete the paperwork.  I would put a short letter on top outlining the info provided and state there that the green card was never received.  They can verify in their own records that the green card was never received. It could even help if that reviewer sees it’s been hung up a long time to move it to being produced.

Thank you! When we spoke to someone at USCIS - they stated the wait time for a GC is 2 years, I hope this isn't true

[Kitta&Owen 22]

4 hours ago, Mike E said:

Was I-90 ever filed?

 

Was an I-551 stamp ever obtained?

Yes, we filed the I-90 and we still have not received the replacement card after over a year. We do have the I-551 stamp as well but that is expired now.

[carmel34 3,538]

14 minutes ago, Kitta&Owen said:

We do have the I-551 stamp as well but that is expired now.

Call USCIS again and say "infopass."  When you get a real person, set an appointment for your closest USCIS regional office, to go in and get a new I-551 stamp to show that LPR status continues with I-90 and I-751 pending.

[Mike E 11,727]

2 hours ago, Kitta&Owen said:

Yes, we filed the I-90 and we still have not received the replacement card after over a year. We do have the I-551 stamp as well but that is expired now.

Send a copy of the I-90 receipt, the I-551 stamp, and the stamp / visa from the original point of entry on the immigration visa. 

[STO Overland 137]

Between this and last years trip from Mexico, someone doesn’t want your husband to ever get his green card. I’m dreading how your husband’s N400 application goes. 
 

good luck