Is this thing you're speaking of happening when you go back to change it?

No, I applied for a new passport in janurary, just after Donny decreed that the federal government would only recognize sex at birth. When my passport came back it said I was a man. There's been some successful litigation since then and even though the state department is supposed to comply and give trans people documents that match their identities, its unclear as to what they're actually doing. Some people say they got through and some people say they got rejected, the official help line is useless because they don't get told shit and the last I heard is that they're putting anyone who gets a gender marker change onto a list. I was instructed to send mine in as an error correction, I did so two weeks ago and I have yet to get any word from the state department... so we'll see I guess.

I sadly didn't say I'm nonbinary because of fear of mistreatment

Good call tbh. I once asked an NB friend who got an F on his drivers license, why he didn't go for the X. He said "the absolute last person I want to come out as nonbinary to is the man with a gun and the full force of the law who just pulled me over". Which went pretty hard and made a lot of sense, especially now, with the trajectory being as dismal as it is. Its an injustice though, lets be clear our nonbinary siblings deserve to be recognized and feel safe doing so.