Lost Green Card

[mikeize 0]

Hi everybody, long time no see...

Here's the deal: My wife lost/had her wallet stolen with her GC in it , so we filed the I-90 and got an appointment to have biometrics done in Alexandria. The original GC was good for 2 years despite the fact that we were married for more than 2 years before she received it (mistake?). Anyway, when my wife went to her appointment she was told that they didn't do the 2 year cards there, and that she should file the I-751 to apply for the 10 year card. Now before I engage in the frustration of the USCIS phone system, I was hoping that someone here could give me some good information. The instructions on the form say to submit a copy of the Green card (which we obviously don't have), and also they ask for "evidence", which we already submitted for the original GC (which should? have been a 10 year one in the first place). Did we get the wrong advice when she was told to file the I-751? Is there a better way to go about this, since what we really need is a "replacement" card that just happens to have a "corrected" expiry date? Thanks in advance for your help with this one!

,

mike

[Kez/JWolf 6]

When did your wife get approved??? are you due to lift conditions?

[mikeize 0]

When did your wife get approved??? are you due to lift conditions?

She originally got the GC in Aug or Sept of 2005, and we were married in March of 2003. So, like I said we "should" have gotten the 10 year card in the first place (based on the 2+ years of marriage), but her 2-year card (lost) wouldn't have expired until Aug or Sept 2007.

-mike

[Kez/JWolf 6]

then you need to file a form I-90 to replace it.... with the fees... you can do this e-file or by snail mail....

[mikeize 0]

then you need to file a form I-90 to replace it.... with the fees... you can do this e-file or by snail mail....

Yeah, er... we did that already. And when we went to the biometrics appointment, they sent us away saying that we should file the I-751... It's just that we have gotten bad/wrong instructions before, and were hoping someone hear would have clear knowledge or experience in regards to this type of situation.

-mike

[Kez/JWolf 6]

You cant file to lift the conditions as it has not been 2 years since approval.... if they did make a mistake and should have issued a 10 year greencard the first time... it would still be a I-90 that you would file.... the info at biometrics is not correct.... I would go back to the biometrics center and ask to have them done to complete the I-90.... ask to speak to a supervisor if you need to...

[meauxna 15]

then you need to file a form I-90 to replace it.... with the fees... you can do this e-file or by snail mail....

Yeah, er... we did that already. And when we went to the biometrics appointment, they sent us away saying that we should file the I-751... It's just that we have gotten bad/wrong instructions before, and were hoping someone hear would have clear knowledge or experience in regards to this type of situation.

-mike

hiya Mike! hi Ize!

I remember your weird problem with that.. the answer you got at the bio sounds wrong. Are you saying they would not take her biometrics? Was it an Application Support Center or the full-meal-deal CIS office? How do you feel about making an InfoPass appointment?

If you did, I would ask them what status they show for Ize: CR = conditional, IR=10 year cards. Find out what Ize's approval date is (date her PR status started). If she IS CR, she can't file I-751 yet no matter what they said; it should be filed in that 90 day window before the 2nd PR anniversary.

No matter what classification she is in the system, I-90 is the right step--replace the card, whatever type of card it is supposed to be.

There is an I-90 Green Card Error thread here.. probably in the AOS or Moving to America forum. They might have an idea for you, but don't call 1-800--you'll never get the right answer then!

Going in in person (InfoPass) is going to be the best bet. Hope you two are doing well otherwise!

[mikeize 0]

Thanks Meauxna,

They did NOT take Ize's biometrics- while she was waiting for her turn, she was "weeded out" by one of the officers. And yeah, it was an Application Support Center. Unfortunately they wouldn't let me wait in there with her, too bad because I am a bit more assertive about dealing with the US authorities then Ize has yet learned she needs to be!

So, I guess the Infopass seems like the way to go (*has a good cry*). Is that where you show up a 5 am and wait in line for 4 hours? These days it's not such a big deal to go up that way, cuz we have a friend in the area...

Incidentally, we did PAY for the biometrics we never got. Is it naive to suppose that USCIS will keep this as "credit" against the time when we ACTUALLY get them done? Or has DHS already spent them on gas masks for the Sioux Falls Fire Dept dalmation?

-mike

(and yeah, other than that we are doing just fine, thanks for asking. I trust y'all is the same?)

Edited November 7, 2006 by mikeize

[meauxna 15]

Thanks Meauxna,

They did NOT take Ize's biometrics- while she was waiting for her turn, she was "weeded out" by one of the officers. And yeah, it was an Application Support Center. Unfortunately they wouldn't let me wait in there with her, too bad because I am a bit more assertive about dealing with the US authorities then Ize has yet learned she needs to be!

So, I guess the Infopass seems like the way to go (*has a good cry*). Is that where you show up a 5 am and wait in line for 4 hours? These days it's not such a big deal to go up that way, cuz we have a friend in the area...

Incidentally, we did PAY for the biometrics we never got. Is it naive to suppose that USCIS will keep this as "credit" against the time when we ACTUALLY get them done? Or has DHS already spent them on gas masks for the Sioux Falls Fire Dept dalmation?

-mike

(and yeah, other than that we are doing just fine, thanks for asking. I trust y'all is the same?)

lol, poor things!

Well, the ASCs are often not staffed by CIS but a contractor company. I was allowed in with the DAH, so I guess policy varies by office.

The InfoPass system at uscis.gov lets you schedule an appointment, so you show up at 10:30 for a 10:45 and get seen at 11:55. And a half. YMMV. Try booking later in the evening and you'll have better luck getting an appointment in your lifetime.

About the payment, ask at the InfoPass. I'd be reasonably outraged if they did not honor my payment in the same situation. See what the officer has to say (you make a choice when booking your appointment, from a preset list of problems. If you can get to 'speak with an officer' that will improve your odds. While there, see if the officer will stamp Ize's passport with I-551 so that she can comply with carrying proof of her status. It normally takes about a year to get a replacement card, which your officer may not know. Until you tell him. And don't foget to find out how her status coded--is she CR or IR on the books. This would be your opportunity to correct the status on the card and avoid I-751 if your previous card wasn't right. The officer might even be able to make the correction in her record then and there if you have proof of your wedding anniversary and PR Adjustment dates.....

Boy, this is going to be a busy appointment! Report back!

PS: We're all great--all USCs here as of this summer & the DAH is excited to be voting in his first election tomorrow!

PPS: The Dalmation has been getting on really well with the new masks and is nearly trained 100%! Wooo!

[mikeize 0]

Right-o

Thanks again. Good advice and useful information. We've scheduled our appointment already! Ize just dug out the I-90 receipt and it only shows receipt of the base fee of $190 dollars, which leaves out the other $70 for biometrics. I paid online with a debit card, and my online records show I was charged $260. I guess I'll have to get something official from my bank noting this... *sigh* just when we were beginning to forget how frustrating this "process" can be... Still, at least we've got a plan, and we know what questions to ask (and we won't be taking no for an answer!) We'll definitely check back and let you know what happened.

Glad to know everything has come around for your family, and I hope your husband is gonna vote for the "right" candidate!

-mike

[mikeize 0]

So everything went pretty well. They gave ize a stamp in her passport, and told us to apply for the new card within three months before the expiration date of the old (lost) card. So we'll apply for that around April or May. I tried to convince them that they made a mistake giving ize the 2-year one in the first place, but they said "no, it's not being married for 2+ years before GETTING the green card, it's being married that long before APPLYING for the green card." Oh.

Anyway, we were in and out of there in less than 15 minutes. First lady was friendly and helpful, the second one was not either of those things, but she stamped ize's passport anyway!

If anybody else goes to that Fairfax location (on Prosperity Ave), there is a nice gravel parking lot about a couple blocks away on (Merrilee?) St. Free parking! And MapQuest sucks! The end.

-mike

[Marilyn. 340]

Conditional residence visa: If you have been married for less than two years when your husband or wife (spouse) gets lawful permanent resident status (gets a green card), then your spouse gets residence on a conditional basis. After two years you and your spouse must apply together to the Department of Homeland Security to remove the condition to the residence.

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.”

http://travel.state.gov/visa/immigrants/ty...types_2991.html

hmmm, not according to this