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baduk

Green card lost by US postal mail

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I applied a CR1 spouse visa last year. My wife finally receive a green card stamp and entered the US this Feb, 2013. This is all good, but we never received the green card. Basically, the USCIS mailed it out by "Priority Mail (USPS)", and according to USPS records it was 'delivered'. It turns out the mail man during that period was a temp, but the post office insists it was delivered (that is what their computer system says).

I contacted USCIS to get the card re-issued. They forwarded me to their website which says I need to pay $450 processing fee because the card was not returned as 'undeliverable' by the USPS. My case falls under "lost, stolen, or damaged" category. How convenient... I think this is BS. I paid $480 processing fee already to USCIS and the onus is on USCIS to make sure the green card is delivered in my hands. There are "receiver signature required" delivery methods; why use a method that is not 100% and when something happens the customer takes the blame ??

Any thoughts ? Can I sue the US government for process fee ?

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Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; topic is not about the spousal visa process itself.

**Organizer hat off**

Can I sue the US government for process fee ?

No


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Agreed, unfortunately not.

I found out from the social security office that many times new immigrants have issues getting mail because their spouse/fiance did not include their names at the post office as people living at the address. I checked in at my post office and they agreed. What happens to the mail? I don't know....

This happened to us with his social security card. We had to have one resent. Luckily there was no fee.

Edited by MedRoni

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We are even lucky nowadays they send it where it can be tracked; a year ago, they used to send it regular first class mail!! Just like the junk mail we receive in our mailboxes!! How dumb was that?!

But anyway, I suggest you follow up with the USPS to find out exactly where it was delivered.


ROC:
07/2010....Attorney mailed I-751 divorce waiver
07/21/10...USCIS recvd I-751
07/21/10...NOA1
08/20/10...Bio completed
09/16/10...Recvd RFE, due 10/31
10/26/10...Mailed RFE
10/27/10...RFE delivered to VSC
04/26/11...Interview
05/11/11...APPROVED!!
05/18/11...Card production ordered
05/23/11...Received green card



N400:
04/29/13.. Eligible to file N400
04/26/13...Mailed N400..Dallas, TX
04/28/13...USPS delivered package (Priority mail)
04/29/13...NOA Priority date
05/02/13...Check cashed
05/10/13...Rcvd bio notice
05/30/13...Bio Appt
05/17/13...Walk in bio successful
06/28/13...Placed in line for interview scheduling
08/06/13...Recvd email interview has been scheduled
08/10/13...Recvd Interview letter
09/12/13...N400 Interview
09/12/13...Decision cannot be made
10/21/14...Biometrics (second time)
01/05/15...In line for oath scheduling

01/21/15...Oath Ceremony

01/21/15...Applied Passport

02/05/15..Received Passport

Journey Over!!

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The mailman stuck my wife's green card in the wrong mailbox. We didn't get it until five months later after we had already paid the $450 for a new one. It was a pain in the ###. I really wish they would send the cards by certified mail.


07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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If you prefer, I think you can have USCIS send your mail to a P.O. box... you still have to give them your physical address as well, in case they want to come knock on your door.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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