751 approved. Have not filed N400 yet. Lost 2 yr green card while traveling. It can take th 10 yr green card 60 days to reach us. Is it still OK to file N400 with police report and no I-90?

[Morgenstjerne 3]

Just like the title says. I have been told before by two separate USCIS agents on the phone that, no, I do  
not need to file I-90 for the lost 2 yr green card. I don't want to have to spend an extra 500 usd on it.
I am just wanting to make sure that I am right and that I won't have to deal with an RFE. 
 
Saving money is also not the only reason I'm looking to avoid filing I-90.  
Uscis' own webpage states "DO NOT submit this form if you are a conditional resident seeking to  
remove conditions on your Green Card." 

Now I'm no longer a conditional resident, however the 797 for the 751 approval says it can take 60 
days for the 10 year green card to reach us, so I'm still thinking I'll just go ahead and file n400      
with the police report, along with a cover letter explaining that I lost the card while traveling.  
 
What do you guys think of my plan? Again, I've planned it this way to avoid a pesky RFE (or god forbid, 
a denial letter). And even USCIS seem to agree with my method since I would be ineligible to file I-90 
anyways as a conditional resident (am not anymore with the 751 approval, but that card can take 60 days 
to reach us). 
 
Guess I have to include the notice for this approval as well with another cover letter? Is there something 
else I'm missing? Sorry for making this so complicated. 

Thank you for any potential answers, hope you guys are having a great day.

[appleblossom 4,386]

2 minutes ago, Morgenstjerne said:

Uscis' own webpage states "DO NOT submit this form if you are a conditional resident seeking to  
remove conditions on your Green Card." 

 

That doesn't mean those with 2 year GC's can't file an I-90 if they lose it, it is just telling people they can't use that form to remove conditions (some people may think that's all they need to do to get the 10 year green card). 

 

But if you've removed conditions (I assume, as you say you're no longer a conditional PR?) and are about to get a 10 year GC then you'd don't need to replace your 2 year one. 

[Morgenstjerne 3]

Thank you so very much for your reply. I assume then that compiling the 797 noa for the 751 approval with all the other documents needed for the n400 is really all I need to provide?  

 

Again, thank you.

[OldUser 9,836]

If I-751 is approved, you're no longer a conditional resident.

 

Don't travel internationally without 10 year GC or valid I-551 stamp, you'll get stuck overseas and will have to pay a lot for boarding foil.

 

Police report is a good idea for many reasons.

You can apply for naturalization whenever you're eligible, whether you have 10 year GC in hand or not.

Edited July 3 by OldUser

[Morgenstjerne 3]

We got the noa for the approval of the 751 today. We were just about to leave the apartment to go somewhere when we saw we had received a letter from DHS... wouldn't you know it, it's the 10 year green card. God is good. We already have an ADIT stamp that is valid well into 2026 btw.

 

So is it gonna be overkill to include: cover letter for lost 2 yr conditional green card + explanation  of how card was lost (I kept calling the two airports and police in my country in case someone found and turned it in), copy of police report, copy ADIT stamp, copy of noa saying 751 was approved and finally: copy of front and back of the 10 year green card. 

 

Super overkill or just overly cautious? 

 

[OldUser 9,836]

21 minutes ago, Morgenstjerne said:

We got the noa for the approval of the 751 today. We were just about to leave the apartment to go somewhere when we saw we had received a letter from DHS... wouldn't you know it, it's the 10 year green card. God is good. We already have an ADIT stamp that is valid well into 2026 btw.

 

So is it gonna be overkill to include: cover letter for lost 2 yr conditional green card + explanation  of how card was lost (I kept calling the two airports and police in my country in case someone found and turned it in), copy of police report, copy ADIT stamp, copy of noa saying 751 was approved and finally: copy of front and back of the 10 year green card. 

 

Super overkill or just overly cautious? 

 

Do you have any pending case? If you haven't filed N-400, you don't need to do anything besides police report, probably just for your safety in case if somebody tries using your old GC.

[NorthByNorthwest 456]

3 hours ago, Morgenstjerne said:

We got the noa for the approval of the 751 today. We were just about to leave the apartment to go somewhere when we saw we had received a letter from DHS... wouldn't you know it, it's the 10 year green card. God is good. We already have an ADIT stamp that is valid well into 2026 btw.

 

So is it gonna be overkill to include: cover letter for lost 2 yr conditional green card + explanation  of how card was lost (I kept calling the two airports and police in my country in case someone found and turned it in), copy of police report, copy ADIT stamp, copy of noa saying 751 was approved and finally: copy of front and back of the 10 year green card. 

 

Super overkill or just overly cautious? 

 

 

No reason to even mention the lost 2 yr card in your N-400. Technically you are supposed to return all cards at the oath ceremony but I could not find the 2 yr card and they never asked for it. Scans of 10 yr card is fully sufficient to include with N-400.

 

I take it you are back in the US now? Best to not file N-400 while outside the country on a longer trips, others have encountered issues with the residency requirement in cases like that.

Edited July 4 by NorthByNorthwest

[OldUser 9,836]

Just now, NorthByNorthwest said:

Technically you are supposed to return all cards at the oath ceremony but I could not find the 2 yr card and they never asked for it.

Your mileage may vary (YMMV).

I heard one person being asked prior to oath to produce a 2 year GC... Literally asked multiple times for it.

[Fr8dog 386]

The invitation to the oath is the first time they officially mention the return of the green card(s). It states to return all cards that are in your possession and were issued by the USCIS. You can't turn in what you don't have and the filed police report is the proof you don't have it. 

File the police report (More a "cover your rear" move then anything else)

Wait for the 10 year card and file the N-400. (It has always stated it can take up to 60 days that is their "cover your rear"move).