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banteras

Dealing I-751 Divorce waiver with Wrong Green Card.

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Hello people,

 

Its my first time writing on the forums. But i already studied a lot of things, thanks to all of you.

I m facing a strange situation. In about 20 days is the dead line to file my I-751 asking for a divorce waiver.

I was given an erroneous Green card due to the Consular error. They Gave IR ( 10 years ), when i must have CR for 2 years. Anyways, I did notice this later but i did not change it because i was traveling back and forth to my country and i needed it. Not time to wait for a replacement. Also in all those travels nobody asked me strange questions about the marital or the validity of the card.

I m thinking to write a cover letter stating this fact and treat this petition normally as CR, by mention the error and that was not at my fault.

Does it sounds as good plan?

Or you think they will deny the I-751 based on the fact that the card is not CR and they will want first to revoke it and then have me to file again.

But if they revoke it i am automatically out of status because of the Final divorce. ( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

Another i was thinking, is to play it stealth and not to file anything now, keep silent until the pass of 5 years when i can benefit of the statute of limitation, which means they cannot revoke card after this time. I think this is only for the third court jurisdiction states, though.

Any help much appreciated. Thank you very much!

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Please clarify:  Are you saying that you SHOULD have received a 2 year conditional card, but they mistakenly issued you a 10 year card?  and you purposely failed to submit an I-751 due to convenience?   


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16 minutes ago, banteras said:

( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

Where did you read this?


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Technically, you really could have avoided all this by filing an I-90 with the incorrect card and getting the I-551 stamp in your passport. The stamp allows you to travel and work and is basically the same as your GC.

 

In any case, I don't suggest trying to be stealthy. If you naturalize later on, they go through your entire immigration history to make sure every single step was done correctly. They will see the card error then and will probably deny your citizenship based on the fact you did not correct your card and did not file I-751 on time and technically out of status.

 

They do not revoke your status just because your physical card is incorrect. I would file an I-90, wait for the receipt notice, file I-751 with a photocopy of the I-90 receipt notice and an explanation in the I-751 cover letter. But perhaps someone more experienced can also chime in with further advice.

19 minutes ago, banteras said:

 

But if they revoke it i am automatically out of status because of the Final divorce. ( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

Not true.

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42 minutes ago, banteras said:

Hello people,

 

Its my first time writing on the forums. But i already studied a lot of things, thanks to all of you.

I m facing a strange situation. In about 20 days is the dead line to file my I-751 asking for a divorce waiver.

I was given an erroneous Green card due to the Consular error. They Gave IR ( 10 years ), when i must have CR for 2 years. Anyways, I did notice this later but i did not change it because i was traveling back and forth to my country and i needed it. Not time to wait for a replacement. Also in all those travels nobody asked me strange questions about the marital or the validity of the card.

I m thinking to write a cover letter stating this fact and treat this petition normally as CR, by mention the error and that was not at my fault.

Does it sounds as good plan?

Or you think they will deny the I-751 based on the fact that the card is not CR and they will want first to revoke it and then have me to file again.

But if they revoke it i am automatically out of status because of the Final divorce. ( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

Another i was thinking, is to play it stealth and not to file anything now, keep silent until the pass of 5 years when i can benefit of the statute of limitation, which means they cannot revoke card after this time. I think this is only for the third court jurisdiction states, though.

Any help much appreciated. Thank you very much!

 

 

How long were you married before you were petitioned for green card? if you were married for more than 2 years before you applied for green card, then you get a 10 year green card automatically. CR is only for people who applied when they were married for less than two years at the time when they applied for green card.

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@banteras You have a very serious situation, which may lead to a huge problem later on. Although USCIS is at fault here, it is your responsibility to fix this. You need to correct this issue as soon as possible.

Have you looked at the option to schedule InfoPass appointment? 


ROC

12/11/2018 - I-751 mailed (requested a fee waiver) to Lewisville, TX via FedEx

12/13/2018 - package delivered 

01/02/2019 - received text message from USCIS with case number starting with EAC

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Thank you for your answers. Yes they issued me a wrong card IR ( 10 years ) when i must had a CR card. I knew about the I-90 but i never file it. No i did not fail to file the I-751. It is due on 28 of January 2019 and i m almost ready to file. The problem is that i m in overseas trip for the holidays and upon my return i will only have a limited time to file the I-751.

I do aware that i will have problem when i need to file the N-400 later.

 

Here is the link with explanation from an attorney about wrong cards and statute of limitation:

https://www.seyfarth.com/dir_docs/publications/WhentheGreenCardIsIssuedinError.pdf

 

I m thinking if i point this up to the I-751 petition , maybe i can be benefit a little from my honesty. Just a thought, because this will be a divorce filing.

 

 

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No, i did not look for the infopass and never mentioned this to anybody, not even to my ex.

I married on May 2015. Admitted January 2017. Divorce May 2018.

Out of country now. I plan to return asap either to file I-751 alone with the notice to treat as CR, or file I-751 together with i-90 at the same office.

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2 minutes ago, banteras said:

 

Here is the link with explanation from an attorney about wrong cards and statute of limitation:

https://www.seyfarth.com/dir_docs/publications/WhentheGreenCardIsIssuedinError.pdf

 

I've never heard of this statue of limitations nor would I bank on it as protection in your case. They can strip naturalized citizens of their citizenship if they discover afterward it was obtained fraudulently or the proper procedures were not followed.

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File an I-90 today. You can even do this online, so there's really no reason at all to delay further. 

 

You can then include your I-90 NoA as part of your I-751 evidence, together with a written explanation where you detail that you received a ten year green card instead of a two year green card by their mistake and you are working to fix it. 

 

There would be no filing fee for the I-90 since it would be on the basis of a USCIS error. 

 

Foregoing an I-90 and just filing an I-751 runs the risk of a lowly mail opener rejecting it and sending it back to you because to them it looks like you already have a ten year unconditional green card. 

 

Anyone in a similar situation should not delay in filing an I-90 as soon as you notice an error. Letting it drag on this long to where it may interfere with RoC was unwise. 

Edited by Hypnos

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
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