Last Name Not Changed by USCIS on 10 Year Green Card

[LilyDim 20]

Hello Everyone, 

 

I am writing hoping that someone has had a similar situation to what is currently happening to me. 

 

So, I filed the I-751 removal of conditions with a waiver, because I got divorced in the meantime. On the application, I used my maiden name to file the I-751 with the intention to change my last name back to my maiden name. The Divorce Decree enclosed in the paperwork also had a legal name change approval by the court. 

 

However, my 10-year green card just arrived and it's under my ex husbands last name  I am absolutely devastated. 

 

Does anyone know what my options are? I just submitted a Typographic Error e-request. I also saw the I-90 form, however I am wondering if this would be considered a case where USCIS made the mistake and I wouldn't have to pay the fees?  Any advice is welcome!

[Allaboutwaiting 2,500]

Yes, it is their mistake and you shouldn't pay the fee. 

You must select Number 2.d on the I-90 form and include proof of your correct name or biographical data, submitting a copy of the original divorce decree.

[LilyDim 20]

43 minutes ago, Allaboutwaiting said:

Yes, it is their mistake and you shouldn't pay the fee. 

You must select Number 2.d on the I-90 form and include proof of your correct name or biographical data, submitting a copy of the original divorce decree.

Is passport a good proof of correct name? 

 

And thank you for your response, that makes me feel somewhat better about all this. 

[Allaboutwaiting 2,500]

5 minutes ago, LilyDim said:

Is passport a good proof of correct name? 

 

And thank you for your response, that makes me feel somewhat better about all this. 

You can include a copy of your passport, but the actual proof of your name being back to maiden, is the divorce decree that you included when filing for ROC.

So you must send a copy of it with the I-90.

[LilyDim 20]

2 minutes ago, Allaboutwaiting said:

You can include a copy of your passport, but the actual proof of your name being back to maiden, is the divorce decree that you included when filing for ROC.

So you must send a copy of it with the I-90.

 

Great, thanks!

 

Just saw the processing times and totally in tears again...

[Allaboutwaiting 2,500]

2 minutes ago, LilyDim said:

 

Great, thanks!

 

Just saw the processing times and totally in tears again...

Hopefully you'll be lucky enough to get it replaced in a few months. 

[LilyDim 20]

In case anyone else is stuck in this situation, this might come as useful information.

 

According to the I-90 instructions, anyone who files the form stating that DHS made an error on the green card will have to send the physical card with the form.

None of the other options require you to surrender your GC, except for this one. The other options accept photocopies of documents. 

It really seems like USCIS is taking any measures so people would pay the fees and not blame them for mistakes. 

 

Unfortunately, I am not willing to relinquish my GC for another 6-12 months. So, I will just pay the fees and submit it as legal name change request. 

[Ayrton 965]

6 hours ago, LilyDim said:

In case anyone else is stuck in this situation, this might come as useful information.

 

According to the I-90 instructions, anyone who files the form stating that DHS made an error on the green card will have to send the physical card with the form.

None of the other options require you to surrender your GC, except for this one. The other options accept photocopies of documents. 

It really seems like USCIS is taking any measures so people would pay the fees and not blame them for mistakes. 

 

Unfortunately, I am not willing to relinquish my GC for another 6-12 months. So, I will just pay the fees and submit it as legal name change request. 

File I-90 online. They will issue a RFE requesting the card to be mailed at a later stage. You don't need to send it right away. And when they do, you can request an infopass appointment to get a stamp on your passport.

Edited January 27, 2021 by Ayrton