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Starless

Filed I-90 instead of I-751 in November. Next steps?

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Filed: Country: Scotland
Timeline

In November 2019 I submitted my I-90, mistakenly believing that this was the correct form to both renew my green card and remove conditions on my permanent resident status.

Yesterday I received my decision letter. Because I hadn't filed my I-751, the I-90 was rejected. 

My conditional permanent resident status expired in May 2020. Obviously I'm freaking out about this.

I have access to an immigration attorney through my wife's work but it might take up to 48 hours for them to get in touch with me. In the meantime I've filled out my I-751 and am gathering all my evidence for the legitimacy of our marriage (tax returns, joint bank statements, wedding certificate, photograph, insurance documents, etc). I'm not too worried about that part as my wife and I have been together for 11 years now.

Is there anything extra I should include with the evidence? Presumably some kind of letter of explanation pointing out that I submitted the I-90 six months prior to my expiration of status in the good faith that I was complying with all my legal requirements?

 

Has anyone done something similar and if so how this mistake impacted their removal of conditions? 

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Rejection from I-90 showing you submitted the wrong form could be helpful. Aside from that, send in the I-751 and hope for the best. 


ROC 2009
Naturalization 2010

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12 minutes ago, Starless said:

In November 2019 I submitted my I-90, mistakenly believing that this was the correct form to both renew my green card and remove conditions on my permanent resident status.

Yesterday I received my decision letter. Because I hadn't filed my I-751, the I-90 was rejected. 

My conditional permanent resident status expired in May 2020. Obviously I'm freaking out about this.

I have access to an immigration attorney through my wife's work but it might take up to 48 hours for them to get in touch with me. In the meantime I've filled out my I-751 and am gathering all my evidence for the legitimacy of our marriage (tax returns, joint bank statements, wedding certificate, photograph, insurance documents, etc). I'm not too worried about that part as my wife and I have been together for 11 years now.

Is there anything extra I should include with the evidence? Presumably some kind of letter of explanation pointing out that I submitted the I-90 six months prior to my expiration of status in the good faith that I was complying with all my legal requirements?

 

Has anyone done something similar and if so how this mistake impacted their removal of conditions? 

Just file a proper I-751......I would include a letter explaining why you are filing late.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Agreed. File the I-751 as soon as you can. A late filing is almost always accepted...just provide a reason. The denied I-90 and a brief description that you filed the wrong form should suffice.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: Scotland
Timeline
14 minutes ago, geowrian said:

Agreed. File the I-751 as soon as you can. A late filing is almost always accepted...just provide a reason. The denied I-90 and a brief description that you filed the wrong form should suffice.

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

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44 minutes ago, Starless said:

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

Good enough of a reason, IMHO.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Brazil
Timeline
16 hours ago, Starless said:

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

Nothing you can do but try. I agree that it's not a big deal.

It's not like you completely ignored the expiration date for over a year, we've seen that in this forum. It's a couple of months and you filed the wrong form.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hey, is there any update on this? I did the same thing... :(


  • Consulate - Montreal, Canada
  • Married - 2017-05-27
  • I-130 sent - 2017-10-19
  • I-130 NOA1 - 2017-11-02
  • I-130 approved - 2018-06-06
  • Sent to NVC - 2018-06-19
  • NVC received - 2018-07-24
  • All submitted to NVC - 2018-08-11
  • Case Complete - 2018-08-23 
  • Medical in MTL - 2018-11-20
  • Interview - 2018-11-27 - APPROVED!
  • Passport & VISA in hand - 2018-12-05
  • US Entry - 2018-12-24 driving Alberta/Montana border

 

 

 

 

   
   
   
   
   
   
   

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32 minutes ago, arellah said:

Hey, is there any update on this? I did the same thing... :(

A late JOINT I-751 will only be accepted with good cause to excuse the late filing.

So you MUST put a cover letter in, stating exactly why it is late.

 

Mistakenly filing the wrong form is a perfectly acceptable reason - it also demonstrates there was an intent to file in the first place. Get it in ASAP.

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

Service Motion - March 2021 [Pending]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Pending]

April 2021: I-290B motion to re-open filed ($675) including brief and additional evidence

 

I-751 #3 - April 2021 [Pending]

April 2021: I-751 #3 & another $680 cheque sent to USCIS....  IT'S GROUNDHOG DAY

 

N-400 - Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
1 minute ago, mindthegap said:

A late JOINT I-751 will only be accepted with good cause to excuse the late filing.

So you MUST put a cover letter in, stating exactly why it is late.

 

Mistakenly filing the wrong form is a perfectly acceptable reason - it also demonstrates there was an intent to file in the first place. Get it in ASAP.

 

Thank you for replying. Mine is joint as we are still married, correct?

I've written a letter. I'm working on getting everything together right now and I will submit it today.

 

I can't believe I messed this up, I am so upset.


  • Consulate - Montreal, Canada
  • Married - 2017-05-27
  • I-130 sent - 2017-10-19
  • I-130 NOA1 - 2017-11-02
  • I-130 approved - 2018-06-06
  • Sent to NVC - 2018-06-19
  • NVC received - 2018-07-24
  • All submitted to NVC - 2018-08-11
  • Case Complete - 2018-08-23 
  • Medical in MTL - 2018-11-20
  • Interview - 2018-11-27 - APPROVED!
  • Passport & VISA in hand - 2018-12-05
  • US Entry - 2018-12-24 driving Alberta/Montana border

 

 

 

 

   
   
   
   
   
   
   

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17 minutes ago, arellah said:

Mine is joint as we are still married, correct?

Correct. A divorce filing does not need a late excuse, but that isn't applicable to you. 

 

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

Service Motion - March 2021 [Pending]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Pending]

April 2021: I-290B motion to re-open filed ($675) including brief and additional evidence

 

I-751 #3 - April 2021 [Pending]

April 2021: I-751 #3 & another $680 cheque sent to USCIS....  IT'S GROUNDHOG DAY

 

N-400 - Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

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