Green Card Never Recieved

[Kinga 0]

I was informed by the USCIS that my wife's Green-Card was lost in the mail because I never received it and neither did they. It's completely frustrating to pay $370.00 now after I already paid almost $1000 for the adjustment of status application. Is there any way I can avoid paying this fee?

Also, how long can I wait before applying for the Green Card? In other words, if I go to the USCIS office and they stamp my wife's passport for a year (I'm not sure what that stamp is called but it's the one they usually do to prove that you're a permanent resident if the green card is lost of in process), can I wait a year before I apply for her Green Card?

Thanks for any help.

[Otto 83]

It would be the I-551 stamp.

I would like to believe there is a way for USCIS to issue/re-issue the PR/Green card. I would make an InfoPass right away and find out. (This InforPass appointment would also serve as a great time for them to issue you guys the I-551 stamp.)

Am not certain what waiting a year would do for you though..

[FRJ 0]

yeah y should u have to pay for a replacement? infopass..

[Bobby+Umit 161]

I was informed by the USCIS that my wife's Green-Card was lost in the mail because I never received it and neither did they. It's completely frustrating to pay $370.00 now after I already paid almost $1000 for the adjustment of status application. Is there any way I can avoid paying this fee?

Also, how long can I wait before applying for the Green Card? In other words, if I go to the USCIS office and they stamp my wife's passport for a year (I'm not sure what that stamp is called but it's the one they usually do to prove that you're a permanent resident if the green card is lost of in process), can I wait a year before I apply for her Green Card?

Thanks for any help.

They only way you would get out of paying is if you could prove USCIS was at fault.

How you would go about doing that in this case - I don't know.

Perhaps find out how they sent it? Where they sent it?

[I Miss Her 0]

I was informed by the USCIS that my wife's Green-Card was lost in the mail because I never received it and neither did they. It's completely frustrating to pay $370.00 now after I already paid almost $1000 for the adjustment of status application. Is there any way I can avoid paying this fee?

Also, how long can I wait before applying for the Green Card? In other words, if I go to the USCIS office and they stamp my wife's passport for a year (I'm not sure what that stamp is called but it's the one they usually do to prove that you're a permanent resident if the green card is lost of in process), can I wait a year before I apply for her Green Card?

Thanks for any help.

You have to file form I-90 and may not require to paying any fee.

Edited April 12, 2009 by I Miss Her

[Cino 5]

You have to file I-90 to get the replacement for GC, there is an option you will check "Have Never Received"

then you don't have to pay for I-90 unless the mail consisting your wife's GC has been returned to USCIS.

If it wasn't recovered by either parties (by you or USCIS), it is treated as stolen or lost.

Then you have to pay the application fee, there is no way that you can prove it that it was not your fault.

I mean they blame on you if the mail was actually lost or stolen. YOU HAVE TO PAY FOR IT !.... ($370 includes both

application & bio fee).

If your wife wants to leave the US , she can her passport stamped, it is called

I-551 (The stamp version of GC on the foreign passport). Here is section from I-90 Application Explanation Part, your

situation is No 2 in red :

Exceptions. There are three exceptions to having to pay the

$290.00 application filing fee:

1. If you are filing only because the card issued to you was

incorrect due to a USCIS administrative error. However,

if the error was not caused by USCIS, both application and

biometrics fees are required.

2. If you are filing only because you never received your

card. However, if the card was sent to the address

provided and never returned to USCIS, your application

will be rejected. You must file another Form I-90

application and on the first page of the form under

Application type., Number 2, Reason for application,

check box a that states: My card was lost, stolen or

destroyed. Include both application and biometrics fees

I KNOW IT DOES NOT MAKE SENSE !.....BUT THIS IS USCIS, THEY DO NOT WANT TO UNDERSTAND !......

[Kinga 0]

Yah I already tried the fee-waiver and applied to re-issue the Green Card and just like you said, because it wasn't returned to them, they assume it was lost/stolen and therefore I would have to pay for it.

Is it too difficult for the USCIS to give the option of delivery with tracking? I mean what would stop this from happening again. This is a very good way for them to make $370 every time.

Here is the ultimate question; why wouldn't I just get my wife's passport stamped every time we need to leave the country, or when the stamp expires? Is there a limit on how many you can get?

Thank you all for the information. I made an InfoPass appointment for Monday and I'll try to plea my case and see what kind of response I get.

[TayRivers 4]

This happened to my wife back in 2005, and yes you have to pay the fee if it was lost in the mail and never returned to USCIS. We got our congressman involved as well as Senator Kennedy and they tried to get us a new card without paying a fee. Sad to say we still had to pay. Wife got the I-551 stamp from the local office, but only after they saw a copy of the filed I-90 receipt. We filed the I-90 on line so you get a receipt immediately.

I think that any Greencard or EAD should be mailed with signature required at the very least, I bet most people who pay the extra to make sure they got their card.

Oh once you have filed the I-90 don't expect to get the new card anytime soon, it takes about 4 - 6 months to be issued.

[Cino 5]

Here is the ultimate question; why wouldn't I just get my wife's passport stamped every time we need to leave the country, or when the stamp expires? Is there a limit on how many you can get?

You can get the I-551 stamp which will be valid for 1 year, within this year you can leave US & come back

as many times as you like. It is like a Green Card valid for 1 year on your passport.

[LA80 3]

@Kinga, the answer to the ultimate question is that before you get the stamp, you must show them why are you asking for it (something happened to the green card apparently). Before you get the stamp, they will ask for NOA, and in order to get it, you must file I-90. They do not stamp passports with I-551 just like that.

I have heard about a similar case when the GC was not received (lost in the mail) and the fee was required. However, this person was extremely persistent, contacted the congressman, complained and in the end, got the new card without any fee. What helped here that the online status never said that the green card was mailed, and still they required the fee. Do not wait. Apply (contact congressman) ASAP.

I am kinda in the same boat, waiting for my corrected GC (no fee in my case cause they messed up), but let me tell you...it takes time...4 months at least. And even the new card can be lost in the mail. That's what I am expecting to happen. I am a complete pessimist.

[milimelo 4,268]

That would be me that LA80 explained. I contacted the congressman and refused to pay the fee and after second sending of the I-90 they had my card made.

Mind you, it should be up to them to prove: 1. the card was indeed made (and they don't keep track so they can't confirm this) 2. that they actually sent it to you (again, no keeping of track and also no signature required).

Contact your congressman, scan the rejection of I-90 notice (asking for money) and ask the congressman to look into it as you: never moved from the reported address, receive all other mail, and should not be paying for something you already paid for.

I'm pretty sure the congressman's office will be telling you soon after to send the I-90 again to TSC with attention to someone to take care of your GC.

Best of luck and keep us posted!

[Kiv 32]

It happened to me when removing conditions; they said they sent it and I had to wait 30 days, well I waited like 60 and got nothing. Then I called and they said I had to apply for a I-90 because they did not received it back from the post office. I applied for I-90 and they charged me. I received a biometrics appointment for 3 weeks after to follow the I-90 AND the GC almost at the same time. Then I sent a letter saying that I had the GC and I was cancelling the I-90 that I was instructed to file by mistake. Many months after, when I Applied for Naturalization, I received a letter saying they received my letter and I-90 was cancelled. They kept my money.

I hope you have better luck.