What if green card expires before we get our I-751 receipt notice?

[ShaunaV]

Our I-751 (Removal of Conditions) application was delivered to the Phoenix lockbox on 12/19. The check hasn't been cashed yet, nor have we received a receipt notice (electronic or by mail). I'm thinking they may just be delayed due to the holidays, but I'm starting to worry.

USCIS says to wait 30 days before contacting them about a missing receipt notice, which would put us at 1/18. However, my husband's green card expires on 1/12. I know his green card should be automatically extended as long as the I-751 is filed in time, which it was, but: What happens if USCIS hasn't officially processed the receipt of our application before his green card expires? I'm worried that he could lose his status due to bureaucratic delays, even though we sent our application in time. Does anyone know what would happen in this case?

[newacct]

There is no risk that he would lose status. The date the application is considered filed is the official "received date". He won't know the "received date" until he gets the receipt, but when he gets the receipt, he will see that the "received date" was within the 90-day window. It is unlikely that the "received date" would be more than a few days off from the date that it was delivered. And, even in the highly unlikely case that the "received date" is somehow delayed for a month so that it is outside the 90-day window, late I-751s are still allowed if there is good cause, and the fact that the package was delivered well within the 90-day window but the "received date" was delayed for reasons beyond his control would be good cause.

The only issue is that he does not have proof of his status for a while. But in most cases, that won't have much effect on his daily life, unless he needs to re-enter the US during this time, or his state refuses to renew his driver's license or something.

[ShaunaV]

Thank you so much for the thorough reply! I really appreciate it, and it's given me peace of mind.

[ShaunaV]

Hello again,

My husband's I-751 is still pending, but soon he'll be able to submit his N-400 (Application for Naturalization). Will the USCIS official who reviews his N-400 application be able to pull his I-751 file (application and marriage proof) to be used as evidence for his N-400 as well? I'm guessing not and that we'll have to re-submit everything, but just want to be sure. Thank you!

There is no risk that he would lose status. The date the application is considered filed is the official "received date". He won't know the "received date" until he gets the receipt, but when he gets the receipt, he will see that the "received date" was within the 90-day window. It is unlikely that the "received date" would be more than a few days off from the date that it was delivered. And, even in the highly unlikely case that the "received date" is somehow delayed for a month so that it is outside the 90-day window, late I-751s are still allowed if there is good cause, and the fact that the package was delivered well within the 90-day window but the "received date" was delayed for reasons beyond his control would be good cause.

The only issue is that he does not have proof of his status for a while. But in most cases, that won't have much effect on his daily life, unless he needs to re-enter the US during this time, or his state refuses to renew his driver's license or something.

[newacct]

Hello again,

My husband's I-751 is still pending, but soon he'll be able to submit his N-400 (Application for Naturalization). Will the USCIS official who reviews his N-400 application be able to pull his I-751 file (application and marriage proof) to be used as evidence for his N-400 as well? I'm guessing not and that we'll have to re-submit everything, but just want to be sure. Thank you!

He should submit all the evidence needed for N-400 with the N-400.

[ShaunaV]

Okay, thanks. I appreciate you!