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Posted

Hi,

heres my situation: I had my i-485 interview on April 16th which was approved. We told the IO our new address as we moved and she said my greencard would be sent there. Long story short, the idiots at uscis sent it to my old address which we found out at an infopass appointment yesterday. The lady there told us to file an i-90 and write a letter explaining this to get the fees waived. Yeah like thats gonna to work.

Well this morning I called the post office and spoke to my old mail man who said that the tenant in my old apartment hasnt forwarded and of my mail. Surely this is illegal.

Anyone have any ideas where to go from here. Im not paying $370 when this clearly isnt my fault.

Thanks for listening.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

How do you know if its even been mailed? GC production has been delayed by 8 weeks due to new equipment. It was posted on the USCIS website.

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

Filed: K-1 Visa Country: France
Timeline
Posted
Hi,

heres my situation: I had my i-485 interview on April 16th which was approved. We told the IO our new address as we moved and she said my greencard would be sent there. Long story short, the idiots at uscis sent it to my old address which we found out at an infopass appointment yesterday. The lady there told us to file an i-90 and write a letter explaining this to get the fees waived. Yeah like thats gonna to work.

Well this morning I called the post office and spoke to my old mail man who said that the tenant in my old apartment hasnt forwarded and of my mail. Surely this is illegal.

Anyone have any ideas where to go from here. Im not paying $370 when this clearly isnt my fault.

Thanks for listening.

Well, when you said "you told the IO your new address", did you just tell her or did you file the AR11. If you did you are fine, it's their fault I believe, if not, they will say that you never informed them :) I have no clue if it's illegal that the new tenant is not forwarding your mail, i doubt it, but do you know that you could have made your change of address with USPS? It's like $1 to do it online, and even if they don't forward immigration papers, they would have been returned to USCIS, which subsequently would have sent it to your new address given that you filed the change of address.

Hope this answers your questions!

Cheers

Seb

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

If the person at your InfoPass appointment gave you the process to follow, go for it. From what you say, it sounds straight forward.

The online AR-11 is the way to submit the change of address for the LPR. This gives you a receipt to show when a mistake occurs. Without filing the required form, the burden of proof falls on you.

The new resident is under no obligation to forward mail. You can submit a forwarding order online at the US Postal Service website or at any post office.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted
Hi,

heres my situation: I had my i-485 interview on April 16th which was approved. We told the IO our new address as we moved and she said my greencard would be sent there. Long story short, the idiots at uscis sent it to my old address which we found out at an infopass appointment yesterday. The lady there told us to file an i-90 and write a letter explaining this to get the fees waived. Yeah like thats gonna to work.

Well this morning I called the post office and spoke to my old mail man who said that the tenant in my old apartment hasnt forwarded and of my mail. Surely this is illegal.

Anyone have any ideas where to go from here. Im not paying $370 when this clearly isnt my fault.

Thanks for listening.

Well, when you said "you told the IO your new address", did you just tell her or did you file the AR11. If you did you are fine, it's their fault I believe, if not, they will say that you never informed them :) I have no clue if it's illegal that the new tenant is not forwarding your mail, i doubt it, but do you know that you could have made your change of address with USPS? It's like $1 to do it online, and even if they don't forward immigration papers, they would have been returned to USCIS, which subsequently would have sent it to your new address given that you filed the change of address.

Hope this answers your questions!

Cheers

Seb

Hi we told her verbally and she wrote it on the front page of our file, so we assumed everythnig would be fine. Surely she should have told us to file the AR-11 as we didnt know anything about this. We officially changed our address with uscis on may 14th when we called the 'not so helpful helpline' to find out why we hadnt had any correspondance since our interview.

Had the IO told us to file the AR11, we would have done it immediatly after our interview. We changed our address with the post office after it was sent as we had so much going on with the move and forgot. But the fact remains that the mail man said he remembers delivering an envelope with 'Homeland Security' on it which was never forwarded.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
If the person at your InfoPass appointment gave you the process to follow, go for it. From what you say, it sounds straight forward.

The online AR-11 is the way to submit the change of address for the LPR. This gives you a receipt to show when a mistake occurs. Without filing the required form, the burden of proof falls on you.

The new resident is under no obligation to forward mail. You can submit a forwarding order online at the US Postal Service website or at any post office.

The catch is that a greencard envelope if I remember correctly is not forwardable... they ask for it to be returned

YMMV

Posted
Hi,

heres my situation: I had my i-485 interview on April 16th which was approved. We told the IO our new address as we moved and she said my greencard would be sent there. Long story short, the idiots at uscis sent it to my old address which we found out at an infopass appointment yesterday. The lady there told us to file an i-90 and write a letter explaining this to get the fees waived. Yeah like thats gonna to work.

Well this morning I called the post office and spoke to my old mail man who said that the tenant in my old apartment hasnt forwarded and of my mail. Surely this is illegal.

Anyone have any ideas where to go from here. Im not paying $370 when this clearly isnt my fault.

Thanks for listening.

Yes - it is against the law to not foward mail that isn't yours:

Abstract

Whoever takes any letter ... which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, ... or opens, secretes, embezzles, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both.[/quote]

18 USC Section 1708 Code Law

Did you also do the AR-11/865 in addition to telling the IO of your new address? If you didn't, then that would explain why it still went to your old address. If they can show you didn't update your address as required by law (via the AR-11), they could show you were responsible, and subject to paying the fee for replacement.

Perhaps you should go to your old address and ask the tenant if they have your mail and/or what did they do with it?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
If the person at your InfoPass appointment gave you the process to follow, go for it. From what you say, it sounds straight forward.

The online AR-11 is the way to submit the change of address for the LPR. This gives you a receipt to show when a mistake occurs. Without filing the required form, the burden of proof falls on you.

The new resident is under no obligation to forward mail. You can submit a forwarding order online at the US Postal Service website or at any post office.

The catch is that a greencard envelope if I remember correctly is not forwardable... they ask for it to be returned

Zactly, which brings the OP back to issue #1.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted
If the person at your InfoPass appointment gave you the process to follow, go for it. From what you say, it sounds straight forward.

The online AR-11 is the way to submit the change of address for the LPR. This gives you a receipt to show when a mistake occurs. Without filing the required form, the burden of proof falls on you.

The new resident is under no obligation to forward mail. You can submit a forwarding order online at the US Postal Service website or at any post office.

The catch is that a greencard envelope if I remember correctly is not forwardable... they ask for it to be returned

The lady at the infopass appointment said it hasnt been returned to uscis and the post office said its not with them which leads me to believe the new tenant discarded it.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
If the person at your InfoPass appointment gave you the process to follow, go for it. From what you say, it sounds straight forward.

The online AR-11 is the way to submit the change of address for the LPR. This gives you a receipt to show when a mistake occurs. Without filing the required form, the burden of proof falls on you.

The new resident is under no obligation to forward mail. You can submit a forwarding order online at the US Postal Service website or at any post office.

The catch is that a greencard envelope if I remember correctly is not forwardable... they ask for it to be returned

The lady at the infopass appointment said it hasnt been returned to uscis and the post office said its not with them which leads me to believe the new tenant discarded it.

A valid forwarding order would have caused the envelope not to be delivered at all, which would eliminate one uncontrollable variable (new tenant).... which had this been done (I assume it was not) then the card's whereabouts might be known.

YMMV

Posted

I know that not filing the Ar11 makes us look responsible but surely the IO has a duty to inform us we need to file officially. She even said " is this the address you want the card mailed to"?

I'm going to my old apartment this evening although the outcomes clearly gonna be me paying $370 for a new card. Oh and taking a day off work to get new biometrics done. A $370 gamble on an untrackable card. Crazy!!!

Filed: K-1 Visa Country: France
Timeline
Posted
Hi,

heres my situation: I had my i-485 interview on April 16th which was approved. We told the IO our new address as we moved and she said my greencard would be sent there. Long story short, the idiots at uscis sent it to my old address which we found out at an infopass appointment yesterday. The lady there told us to file an i-90 and write a letter explaining this to get the fees waived. Yeah like thats gonna to work.

Well this morning I called the post office and spoke to my old mail man who said that the tenant in my old apartment hasnt forwarded and of my mail. Surely this is illegal.

Anyone have any ideas where to go from here. Im not paying $370 when this clearly isnt my fault.

Thanks for listening.

Well, when you said "you told the IO your new address", did you just tell her or did you file the AR11. If you did you are fine, it's their fault I believe, if not, they will say that you never informed them :) I have no clue if it's illegal that the new tenant is not forwarding your mail, i doubt it, but do you know that you could have made your change of address with USPS? It's like $1 to do it online, and even if they don't forward immigration papers, they would have been returned to USCIS, which subsequently would have sent it to your new address given that you filed the change of address.

Hope this answers your questions!

Cheers

Seb

Hi we told her verbally and she wrote it on the front page of our file, so we assumed everythnig would be fine. Surely she should have told us to file the AR-11 as we didnt know anything about this. We officially changed our address with uscis on may 14th when we called the 'not so helpful helpline' to find out why we hadnt had any correspondance since our interview.

Had the IO told us to file the AR11, we would have done it immediatly after our interview. We changed our address with the post office after it was sent as we had so much going on with the move and forgot. But the fact remains that the mail man said he remembers delivering an envelope with 'Homeland Security' on it which was never forwarded.

That's the catch, changing your address over the phone does not update your address for your pending cases, only the AR-11 can do that. Your USCIS letter might have been returned to USCIS but was never sent to your new address because they didn't have a new address for it - my guess is that they destroyed it.

What I believe your next steps are:

- File the I-90 with the fee as I don't think they are going to waive them (with your current address)

- Don't file the AR11, your case is not pending anymore

Hope this helps

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

(Yes, I need to get back to work and not worry about parsing rules applying to the post office)

The law cited in the prior post does not speak to forwarding. The onus is on the recipient to update the address. A person cannot forward mail to an address that they do not know. Nor is a person required to discover the forwarding address. Returning the misdirected mail to the sender by marking the outside of the envelope appropriately is the customary method and would comply with the law.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

You know what ? I am sorry I have got bad news for you;

If the letter which contained your GC went to your old address & got lost, stolen whatever etc.... I mean It was not returned as "UNDELIVERABLE" back to USCIS.

Yes you have to pay $370 If you want to see your GC again.

Believe me I am dealing with this nowadays for a friend of mine. You & him are in the same boat.

He has got the "Denial Letter" yesterday. Of course they do want money. Welcome to US of America which is the capital of capitalism. I still do not understand what kind of f****d up system they have, they do charge $1,010 for Aos application, but they can not spend $5-6 to mail your important document with UPS or FEDEX???????

It really does not make any sense. I have no respect for USCIS anymore, it is so stupid governmental office !.....

"Patience is the key to the paradise (US Citizenship, in our case)"

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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