Error on Green Card

[100% Al Ahly Fan 53]

Hello everyone...sorry if I am posting in the wrong area. My hubby arrived on March 3 on a CR-1, so no AOS is needed, but I wasn't sure were to post about green card concerns.

Anyhoo, our concern is that we aren't sure if we need to pay the I-90 fee or not?

Here's what happened. When I filed the I-130, it was me that made the mistake of spelling my husband's last name with a U instead of A (I have no idea where I decided it was a U instead of an A, argh!!! I could just smack myself! Yes, this mistake could cost us L). We were approved from USCIS with the incorrect spelling. It wasn't until we got to the NVC that I realized the mistake and so I called the NVC and asked if they could fix the name. They told me yes, that wasn't a problem and all I had to do was mail them copies of my husband's birth paper w/translation and passport, which I did. Once updated, they mailed me a document showing that they corrected the name. We later received the CR-1 Visa with the correct spelling of my husband's name. We didn't have a problem until now. We finally got the green card (almost 8wks of waiting) yesterday and to my surprise the green card has the spelling from the original I-130 application. THE WRONG SPELLING! My husband and I thought that the USCIS would go off the information received from the port of entry. Obviously they didn't.

We called the USCIS and the operator told us that she wasn’t sure if this would be considered MY mistake or a USCIS mistake. She said fill out the I-90 and send the appropriate evidence and if they need the I-90 fee paid they would reject the I-90, and we can resend it with the payment included. I have no idea if this is correct or not. Sounds complicated and I hate the idea of my husband’s green card being mailed back and forth. The USCIS operator also told us we do NOT need an infopass, just to send the appropriate info for the I-90 form.

My plan was to send a copy of the letter I received from the NVC showing the updated the name, as well as a copies of my husband’s CR-1 visa and passport (again showing the correct spelling of the name). Obviously in addition to that we plan on sending the original green card and a cover sheet explaining what happened.

So the dilemma is this....do we pay the I-90 fee or not? What about biometrics (I am not sure exactly what this is even) which is an additional fee? Should we schedule an infopass appt?

Any help or advice in this matter is appreciated. Thanks!

[Staashi 371]

Shar, I had no idea he had been approved - congrats!!!

Aside from that, if it was me, I would make an infopass and head on over to the USCIS office. I would want this handled in person...just sayin'.

[Spoom 8]

Actually, what the USCIS agent said sounds about right. (Gasp, the misinformation line got something right!)

Send the I-90 without a fee and mark that you're requesting a replacement due to USCIS error. Make a copy of the notification that you got from the NVC that you had the spelling changed while it was in their hands; that should honestly be enough to get them to send you a new card without fee.

You could setup an InfoPass if you wanted to, but ultimately you're going to have to send in that I-90 and it's going to be looked at by an IO, who will determine whether or not you have to pay. I'd just send it without payment now and see what they say.

[VanessaTony 3,567]

Anyhoo, our concern is that we aren't sure if we need to pay the I-90 fee or not? I don't think so no.

they mailed me a document showing that they corrected the name. We later received the CR-1 Visa with the correct spelling of my husband's name. We didn't have a problem until now. We finally got the green card (almost 8wks of waiting) yesterday and to my surprise the green card has the spelling from the original I-130 application. THE WRONG SPELLING! As you have a document (which I assume was issued PRIOR to the greencard being issued) showing the name correction, this is entirely their error

My plan was to send a copy of the letter I received from the NVC showing the updated the name, as well as a copies of my husband’s CR-1 visa and passport (again showing the correct spelling of the name). Obviously in addition to that we plan on sending the original green card and a cover sheet explaining what happened. I would do this. I wouldn't write that it was your error though

So the dilemma is this....do we pay the I-90 fee or not? I wouldn't no. Include everything you said above (including the copy of the corrected name being changed BEFORE the greencard was issued) and that should be fine What about biometrics (I am not sure exactly what this is even) which is an additional fee? As above

Re what to write in your cover letter. I would write something to this effect:

"Please find enclosed, the following:

- letter dated XXXX from USCIS which verifies the name correction for [iNSERT FULL NAME OF AOS'er]

- letter dated XXXX from USCIS enclosed with incorrect greecard

- Greencard with incorrect name of LPR

You will note the date of the letter correcting the name for [iNSERT FULL NAME] was dated prior to the greencard being issued. I therefore respectfully request a replacement card due to a USCIS error and ask that the fee be waived on those grounds."

Good luck, hope that helps

Edited April 28, 2010 by Vanessa&Tony

[100% Al Ahly Fan 53]

Thank you for the responses. We decided NOT to send the money, worse case they reject and we will have to send the money. Here is a sample of the cover letter I have prepared for my husband:

To whom it may concern:

I am requesting to replace the I-551 Alien Registration Card due to a USCIS error regarding the spelling of my name on the card. I received the card with the incorrect spelling of xxxxxx with the letter U. The correct spelling is with the letter A, such as xxxxxxxx. The name on the card should appear exactly as follows: xxxxx xxxxx xxxxx xxxxx . Enclosed, please find the following:

1. Completed I-90 Application to Replace Permanent Resident Card

2. Original I-551 Alien Registration Card with error

3. Evidence of USCIS error:

- Copy of letter from National Visa Center acknowledging name update as of xx/xx/xxxx

- Copy of CR-1 Visa with correct spelling of name

- Copy of Egyptian passport

Please process and acknowledge receipt at your earliest convenience.

Thank you

Think this is okay?? Should I add more or less?

[VanessaTony 3,567]

Thank you for the responses. We decided NOT to send the money, worse case they reject and we will have to send the money. Here is a sample of the cover letter I have prepared for my husband:

To whom it may concern:

I am requesting to replace the I-551 Alien Registration Card due to a USCIS error regarding the spelling of my name on the card. I received the card with the incorrect spelling of xxxxxx with the letter U. The correct spelling is with the letter A, such as xxxxxxxx. The name on the card should appear exactly as follows: xxxxx xxxxx xxxxx xxxxx . Enclosed, please find the following:

1. Completed I-90 Application to Replace Permanent Resident Card

2. Original I-551 Alien Registration Card with error

3. Evidence of USCIS error:

- Copy of letter from National Visa Center acknowledging name update as of xx/xx/xxxx

- Copy of CR-1 Visa with correct spelling of name

- Copy of Egyptian passport

Please process and acknowledge receipt at your earliest convenience.

Thank you

Think this is okay?? Should I add more or less?

That looks perfect to me. The CR-1 visa showing the correct name, AND the letter showing the name update are the info that proves it's NOW their fault. It was your fault in the beginning but you have a letter proving you fixed it BEFORE the card was issued and BEFORE the CR-1 visa was issued.. why they didn't go off the visa info is beyond me..

Good luck! Let us know how it goes!

[HeatDeath 430]

If you don't send the money with the I-90, and they don't require it, then everything is fine - no problem.

If you don't send the money with the I-90, and they require it, they'll just send the whole thing back and ask for the check - no problem.

If you send the money with the I-90, and they in fact do require it, then everything is fine - no problem.

If you send the money with the I-90, and they don't require it, they might send it back - no problem, or they might keep it anyways. [if it's an edge case, as this seems to be, and comes down to someone's arbitrary personal judgement, well... let's just say it's a lot of money to bet.] Problem!

Since the only possible problem occurs if you send the money, don't send the money. At least not the first time. Every other possibility is either fine, or easily recoverable. But if there's one thing I know about USCIS it's this: Once they cash that check, you ain't getting it back. They issue NOA notices regularly. Occasionally they issue cards. I don't think they ever issue checks!

[parker101 1]

A friend of mine just had the same issue.

Send the I-90 with supporting evidence such as, birth certificate, CR-1 paperwork, etc. dont send the fee. if for any reason they need fees they will ask yoyou do not need to send photos, and he wont do another biometric since it is a typo. He should get it back in 3months. once you send fees and it was USCIS fault you wont get your money back try to save that $290. if they RFE that's not big deal. in the meantime if he want to travel, or work he can get passport stamped while I-90 pending.

Good luck

[Otto 83]

** Duplicate Topics Merged.