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DavideT

I received a Form I-751 request one year ahead of schedule, what to do now?

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Hello everyone,

I have had a greencard since september 2018 pretty much.

After receiving it, thought every info on it was correct, but turns out it isn't. The expiration date on the card is the 20th september 2019. 

Now, I have to file an I-90, as instructed by the website (where i reported the mistake and they 'said' they corrected the database issue. Though it will be a tad late >_>;;; ). Issue is, just today i received a I-797C, Notice of action, telling me that I have to file a form I-751 to remove Conditions on  residence. 

 

I'm unsure on what to do at this point to be completely honest? I know i have about 3 months to file that petition, and that's well and good but filling it now it's pretty much a falsifying a bunch of documents and I definitely DO NOT wanna do that. I was looking at the I-90 page and it says to NOT file it 90 days before the above mentioned petition.

 

What should I do in this case? I would LOVE to visit my USCIS office, but they do not take walk-ins. Should I just file my I-90? Should I call them? Any suggestions? 

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16 minutes ago, Allaboutwaiting said:

File the I-90. In your case there is no fee, as it was their mistake. You can also schedule an infopass online or on the phone. 

Can I file the I-90 online, even though i have to return the card?

 

I have been trying to schedule an infopass but apparently the San Antonio office doesnt take them? x_x 

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Posted (edited)

When it comes to green card dates, be very careful. It will come back to bite you in the behind if you try to use the wrong dates -- even if the fault was USCIS'. I know from painful, firsthand experience.

 

First, let's understand your timelines. To better advise you, please tell us:

  • Your visa class (e.g., CR1, IR1)
  • The date you became a permanent resident (e.g., POE date, AOS approval date). This is not necessarily the date on your physical green card because of possible USCIS errors.
  • The dates on your green card ("resident since" and expiry dates)
Edited by afrocraft

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1 minute ago, afrocraft said:

When it comes to green card dates, be very careful. It will come back to bite you in the behind if you try to use the wrong dates. I know from painful, firsthand experience.

 

First, let's understand your timelines. To better advise you, please tell us:

  • Your visa class (e.g., CR1, IR1)
  • The date you became a permanent resident (e.g., POE date, AOS approval date). This is not necessarily the date on your physical green card because of possible USCIS errors.
  • The dates on your green card ("resident since" and expiry dates)

My visa was an F1.

I got my interview the 20th september 2018. Got approved shortly after.

The "resident since" date says 20th september 2017 (impossible since I filed my GC in december 2017), the "expiration date" is 20th September 2019.

 

Honestly, I've been just a dumbass. I just checked the name most importantly, the date didn't really threw me off THAT much. I had to use my card once and i got no issues whatsoever, then it just stood in my wallet and never checked it for well over 6 months, life happened and the idea of the wrong date never really struck me until the mail i just received.

 

Tbh, i can send the I-90 in just a week or two, i'm just worried about this I-751 form cuz it says that they can terminate my status if i dont send it by the 20th sept. 😕

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2 minutes ago, DavideT said:

My visa was an F1.

I got my interview the 20th september 2018. Got approved shortly after.

The "resident since" date says 20th september 2017 (impossible since I filed my GC in december 2017), the "expiration date" is 20th September 2019.

...

Tbh, i can send the I-90 in just a week or two, i'm just worried about this I-751 form cuz it says that they can terminate my status if i dont send it by the 20th sept. 😕

Ah, that's clear. Your expiration should be Sep 2020, not 2019, thanks to a USCIS administrative error.

 

Ignore the I-751 notice. (I know it sounds crazy, but when it comes to immigration, always follow the law/regulations, not just what USCIS tells you.) Your status is determined by the law, not any document/card. Your immediate priority is to correct the green card dates.

 

File a paper I-90 ASAP. Emphasis on the soon. File paper, not online, because you must surrender the green card as well, and it's best it goes with your application. Choose the admin error option so the fee is waived. Include your AOS approval notice.

 

Before sending the I-90, or as soon as you get the receipt notice, call USCIS and ask to create a "service request for expedited processing because of a USCIS administrative error on your green card." Those magic words allow you to leapfrog the year-long I-90 queue.

 

Good luck!

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1 minute ago, afrocraft said:

Ah, that's clear. Your expiration should be Sep 2020, not 2019, thanks to a USCIS administrative error.

 

Ignore the I-751 notice. (I know it sounds crazy, but when it comes to immigration, always follow the law/regulations, not just what USCIS tells you.) Your status is determined by the law, not any document/card. Your immediate priority is to correct the green card dates.

 

File a paper I-90 ASAP. Emphasis on the soon. File paper, not online, because you must surrender the green card as well, and it's best it goes with your application. Choose the admin error option so the fee is waived. Include your AOS approval notice.

 

Before sending the I-90, or as soon as you get the receipt notice, call USCIS and ask to create a "service request for expedited processing because of a USCIS administrative error on your green card." Those magic words allow you to leapfrog the year-long I-90 queue.

 

Good luck!

Thank you. I have a few further questions if you don't mind: Is there any specific way the I-90 should be packaged? Any specific document that i must attach to prove that the date is wrong? ( I thought to attach the stuff i received along with the greencard?)

 

Also about asking for a  "service request for expedited processing because of a USCIS administrative error on your green card." Should i just request it via phone? Any suggestion for this to reach the right people on their stupid phone service?

 

But yeah, I should be able to file the I-90 within the following 2 weeks!

 

Thank you SO much for your help ^^

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1 minute ago, DavideT said:

Thank you. I have a few further questions if you don't mind: Is there any specific way the I-90 should be packaged? Any specific document that i must attach to prove that the date is wrong? ( I thought to attach the stuff i received along with the greencard?)

 

Also about asking for a  "service request for expedited processing because of a USCIS administrative error on your green card." Should i just request it via phone? Any suggestion for this to reach the right people on their stupid phone service?

 

But yeah, I should be able to file the I-90 within the following 2 weeks!

 

Thank you SO much for your help ^^

No special packaging for the I-90. You must include the signed form + green card + evidence for why you think dates are wrong (copy of F1, AOS docs, etc). I would include cover letter explaining your immigration history.

 

The first line reps know about the service request, but try to use the wording I provided. It prompts a script that they follow. I say call before you send the I-90 because I've read lately that USCIS has a special pathway for some green card batch errors (large numbers of cards  printed simultaneously with similar error). If that doesn't work, send the i-90 then call when you have a case number.

 

I should tell you that I had to do the I-90 twice! and still the error wasn't fixed on my green card. In fact, the second time, USCIS delayed decision until the I-751 was due (using the correct dates), then denied my I-90 on a technicality! I hope your road is smoother.

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3 minutes ago, afrocraft said:

No special packaging for the I-90. You must include the signed form + green card + evidence for why you think dates are wrong (copy of F1, AOS docs, etc). I would include cover letter explaining your immigration history.

 

The first line reps know about the service request, but try to use the wording I provided. It prompts a script that they follow. I say call before you send the I-90 because I've read lately that USCIS has a special pathway for some green card batch errors (large numbers of cards  printed simultaneously with similar error). If that doesn't work, send the i-90 then call when you have a case number.

 

I should tell you that I had to do the I-90 twice! and still the error wasn't fixed on my green card. In fact, the second time, USCIS delayed decision until the I-751 was due (using the correct dates), then denied my I-90 on a technicality! I hope your road is smoother.

thank you so much :)

I will probably include a copy of the documents they sent me with the proper dates then. And hoping for a smooth transition as well, sorry yours wasnt  so!

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1 minute ago, DavideT said:

thank you so much :)

I will probably include a copy of the documents they sent me with the proper dates then. And hoping for a smooth transition as well, sorry yours wasnt  so!

Happy to help. Green card errors are sticky things, so welcome to the club. From my experience, I can't stress this enough: Follow the law -- even if your dates are not corrected in time. And keep good records. So, in my case, I went ahead and filed the i-751 at the correct time (despite the wrong dates on my green card). USCIS initially returned it unprocessed, then reversed their error after intervention from Congressional rep and ombudsman.

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7 minutes ago, afrocraft said:

Happy to help. Green card errors are sticky things, so welcome to the club. From my experience, I can't stress this enough: Follow the law -- even if your dates are not corrected in time. And keep good records. So, in my case, I went ahead and filed the i-751 at the correct time (despite the wrong dates on my green card). USCIS initially returned it unprocessed, then reversed their error after intervention from Congressional rep and ombudsman.

Hopefully it doesn't get to congressional stuff, IDK how much help i'd get in Texas as a gay man lol.

And yeah, i haven't tossed ANYTHING away, the only thing i can't find is the scheduled appointment date (which i think they took at the interview...), but i have the notices of action with the date my case was fully approved (20th sept 2018) so i think its gonna be ok!

 

But yeah, I'm going to file for the I-90. Call them and ask them for that procedure. And in 2020 if I'm still without GC will preemptively seek a solution for the I-751 affair. 

 

Thank you so much again!

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Hi I just want to add something. 

 

Always make copies and maybe even scan them and put the documents on the Cloud in case your harddrive gives out. Scan the front and back of your green card since you'll be giving it up. Also see if you can get an infopass for a I-551 stamp so you have proof of status in the meantime. Your I-90 NOA will be important as well.

 

Do you still have the initial approval notice? 

What date does your approval notice for the Green card say? Also how did you get a green card from F1 status? I assume you got married and adjusted status? 


Spoiler

My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2013-01-16 US Entry
2017-07-05 Filed for AOS
2017-08-07 NOA
2017-08-23 Biometrics
2017-10-30 Received approval letters for EAD & AP
2017-11-02 Combo Card received
2018-12-13 Interview date
2019-01-02 Approved
2019-01-09 10 year Green Card received
Stepson's timeline:
2019-01-17 Filed I-130
2019-02-04 NOA


 

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3 hours ago, little immigrant said:

Hi I just want to add something. 

 

Always make copies and maybe even scan them and put the documents on the Cloud in case your harddrive gives out. Scan the front and back of your green card since you'll be giving it up. Also see if you can get an infopass for a I-551 stamp so you have proof of status in the meantime. Your I-90 NOA will be important as well.

 

Do you still have the initial approval notice? 

What date does your approval notice for the Green card say? Also how did you get a green card from F1 status? I assume you got married and adjusted status? 

Yup, will make a photocopy of every document i'm gonna send (even of the greencard, even tho im sending the original), and send those. I would love to get an I-551 stamp, but the San Antonio office doesn't allow me to schedule an appointment to do so. Any suggestions on how to do so?

 

Yes, i have the initial approval notice, dated 20th september 2018, and yes, i got married in february 2017 and adjusted status in december 2017

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14 hours ago, DavideT said:

Hello everyone,

I have had a greencard since september 2018 pretty much.

After receiving it, thought every info on it was correct, but turns out it isn't. The expiration date on the card is the 20th september 2019. 

Now, I have to file an I-90, as instructed by the website (where i reported the mistake and they 'said' they corrected the database issue. Though it will be a tad late >_>;;; ). Issue is, just today i received a I-797C, Notice of action, telling me that I have to file a form I-751 to remove Conditions on  residence. 

 

I'm unsure on what to do at this point to be completely honest? I know i have about 3 months to file that petition, and that's well and good but filling it now it's pretty much a falsifying a bunch of documents and I definitely DO NOT wanna do that. I was looking at the I-90 page and it says to NOT file it 90 days before the above mentioned petition.

 

What should I do in this case? I would LOVE to visit my USCIS office, but they do not take walk-ins. Should I just file my I-90? Should I call them? Any suggestions? 

Hey, just chiming in to say the exact same thing happened to me. Became a PR in late 2018 but the card listed my filing date instead, which was in 2017. If you look through my profile, you can find my thread about it. My I-90 got approved super fast. Not entirely sure why because I asked for an expedite after biometrics but got an email saying it'd been denied. But it got approved in 1.5 months anyways??

 

Anyway, I got the I-751 reminder letter telling me to file soon. Some people said to ignore it; others said it would be a good idea to write a letter explaining my timeline and include photocopies of everything. I ended up doing the latter recently because I felt VERY uneasy about letting it go ignored. I simply do not trust USCIS to double-check people's cases. If they did, they would not have sent the mistaken I-751 reminder letters to us. Anyways, I also suggest reaching out to your senator or congressional rep to let them know your situation and to look into it as well for you to ensure further confusion doesn't occur. 

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