HELP! I filed I-90 to get GC dates corrected but sent NOA anyway to start I-751

[LarryHickman 181]

Hello VJ friends, I filed an I-90 (USCIS error) and sent my wife's GC with it to get correct GC dates (GC dates mandate the 90 day ROC window).

I-90 was received 1/7/21 and on 1/9/21 I get an NOA stating a case was opened for GC. The current status for the I-90 states "We should decide on your case in 4 months".  I DONT HAVE 4 MONTHS WITH THESE GC DATES WRONG BECUASE THEY ARE TELLING ME TO DO ROC NOW!!!  The USCIS doesn't know what the left and right hand is doing. 

 

Today I received an NOA to start I-751!

 

I don't know what to do, if I start the I-751 now its going to be three months too early (GC interview 8/23/19, GC received 8/30/19). My wife's I-485 Approval NOA was dated 8/23/19.

 

They put incorrect dates on the GC-->Expires 5/17/21 & Resident since 5/17/19. 

 

What should I do? 

Edited January 27, 2021 by LarryHickman

[LarryHickman 181]

Here is the email I sent USCIS just now;

 

I filed an I-90 (USCIS error) and sent my wife's GC with it to get correct GC dates (GC dates mandate the 90 day ROC window). I-90 was received 1/7/21 and on 1/9/21 I get an NOA stating a case was opened for GC. The current status for the I-90 states "We should decide on your case in 4 months". I DONT HAVE 4 MONTHS WITH THESE GC DATES WRONG BECUASE THE USCIS IS TELLING ME TO DO ROC (removal of conditions) NOW!!! Today I received an NOA to start I-751! I don't know what to do, if I start the I-751 now its going to be three months too early (GC interview 8/23/19, GC received 8/30/19). My wife's I-485 Approval NOA was dated 8/23/19. USCIS put incorrect dates on the GC-->Expires 5/17/21 & Resident since 5/17/19. The USCIS 's error is causing me and my wife a lot of stress. Are your groups within the USCIS talking to each other? I should be getting a GC corrected not being sent an NOA to start the ROC I-751 now....its 3 months too early!

Edited January 27, 2021 by LarryHickman

[da95826 387]

Wait until your real date you can file her i751 on 05/23/2021 or later. She may have your corrected green card by then. If you don't have the updated green card use copies of your current green card and write an explanation of the error on the green card with copies of the NOA for her LPR approval and the receipt for her pending i-90. 

 

Her LPR status will not expire with her green card only proof of her LPR status expires. If she need proof of your LPR status she can contact USCIS and make an appointment to get an I551 stamp in the green card holders passport. Bring the NOA for the LPR approval, the i-90 application, current conditional green card to the USCIS field office.

 

Only an immigration judge can remove someone's LPR status so even when green card expires and extension letters expires someone LPR status remains in effect.

 

If it make her feels better obtain a i551 stamp after the green card expires but you can file just a week or two after the current green card expires, it would appear you are filing late but you are not so you will be okay with the explanation and receipt notices for the LPR approval and I-90 filing.  

 

Note the green card holder is the petitioner and beneficiary in the i751 form US citizen spouse is the spouse. 

[LarryHickman 181]

11 minutes ago, da95826 said:

Wait until your real date you can file her i751 on 05/23/2021 or later. She may have your corrected green card by then. If you don't have the updated green card use copies of your current green card and write an explanation of the error on the green card with copies of the NOA for her LPR approval and the receipt for her pending i-90. 

 

Her LPR status will not expire with her green card only proof of her LPR status expires. If she need proof of your LPR status she can contact USCIS and make an appointment to get an I551 stamp in the green card holders passport. Bring the NOA for the LPR approval, the i-90 application, current conditional green card to the USCIS field office.

 

Only an immigration judge can remove someone's LPR status so even when green card expires and extension letters expires someone LPR status remains in effect.

 

If it make her feels better obtain a i551 stamp after the green card expires but you can file just a week or two after the current green card expires, it would appear you are filing late but you are not so you will be okay with the explanation and receipt notices for the LPR approval and I-90 filing.  

 

Note the green card holder is the petitioner and beneficiary in the i751 form US citizen spouse is the spouse. 

Thanks its just stresses me out because I know if I wait until 5/23/21 to do ROC I will get something or someone is going to send me something saying I'm late etc etc. Its not like I can go down to the office and correct this....its all a BIG government process with automated voice prompts, online forms and no end in sight on a resolution. The USICS is so big the left hand doesn't know what the right hand is doing.

Edited January 27, 2021 by LarryHickman

[LarryHickman 181]

18 minutes ago, da95826 said:

If you don't have the updated green card use copies of your current green card and write an explanation of the error on the green card with copies of the NOA for her LPR approval and the receipt for her pending i-90. 

 

 

So when you do the I-751 your supposed to send in the two year GC with the I-751? 

[da95826 387]

No just a copy of the front and back

 

 

[da95826 387]

It is in the i751 instructions to provide an image of the front and back of the current green card, but you must keep the old CGC as you will use it along with the extension letter as proof of your LPR status.

[LarryHickman 181]

Just now, da95826 said:

No just a copy of the front and back

 

 

I only have Iphone pics of front and back...I guess I could print those off if I dont have her correct GC before 5/23/21.

 

Thanks da95826

[mushroomspore 3,043]

21 hours ago, LarryHickman said:

I only have Iphone pics of front and back...I guess I could print those off if I dont have her correct GC before 5/23/21.

 

Thanks da95826

You should also attach a photocopy of the I-90 receipt. I-90 receipt is perfectly fine to include with any application that requires a photocopy of your GC or proof of your GC.

[da95826 387]

Hopefully USCIS will get the corrected green card to you in time to file the i-751 (you would submit copies if it) but if not... 

 

Include the photocopies of the original incorrect conditional green card.

>Copy of the i-90 receipt notice.

>Copy of the NOA for your original LPR approval (A notice from USCIS with your original green card approval date)

>A cover letter explaining why you are submitting the application on the date you submitted it. That i751 application is timely and the original conditional green card issuance date and expiration date were in error and you have a pending i-90 to correct it.  

[LarryHickman 181]

1 hour ago, da95826 said:

Hopefully USCIS will get the corrected green card to you in time to file the i-751 (you would submit copies if it) but if not... 

 

Include the photocopies of the original incorrect conditional green card.

>Copy of the i-90 receipt notice.

>Copy of the NOA for your original LPR approval (A notice from USCIS with your original green card approval date)

>A cover letter explaining why you are submitting the application on the date you submitted it. That i751 application is timely and the original conditional green card issuance date and expiration date were in error and you have a pending i-90 to correct it.  

Thank you da95826, I'll do exactly as you say and file in May and I guess stress until we get the 10 year GC. I really hope they send the corrected GC soon or give us an update.

 

Why cant the USCIS know what's going on with an applicant? Is it that hard to see what's going on? They should have known not to send us an NOA to begin the I-751 just yet (3 months too early) all they have to do is look at my wife's WAC # and/or Alien # or something else and put two and two together? The i-90 case opened with USCIS error should be clear as day. What's wrong with these people?

 

Thanks

Edited January 28, 2021 by LarryHickman

[LarryHickman 181]

2 hours ago, mushroomspore said:

You should also attach a photocopy of the I-90 receipt. I-90 receipt is perfectly fine to include with any application that requires a photocopy of your GC or proof of your GC.

Thanks mushroomspore.....you are talking about the I-90 NOA that stated case open for GC replacement correct?

[LarryHickman 181]

Its 2021 and we something called computers.......but the USCIS I-751 NOA came from National Benefits Center Lee's Summit. Mo while the I-90 NOA came from Potomac Service Center Arlington, Va.

 

They don't communicate with each other or different departments don't link to one another, you would think they would have the capability to see a complete history on someone.

 

 

[da95826 387]

No need to be stressed out as you have proof of the error USCIS made. 

As I indicated you can obtain a i551 stamp in your wife passport if you need proof of her LPR status. Bring the same evidence as your i751 application copy of old green card, NOA for both i-90 application and LPR approval to the local USCIS field office after you make an appointment with USCIS.

Contact  USCIS to make an appointment to get the stamp. USCIS may require proof of the need for a stamp due to covid restrictions (plan ticket, renew a drivers licenses, new job).

 

[LarryHickman 181]

9 hours ago, da95826 said:

No need to be stressed out as you have proof of the error USCIS made. 

As I indicated you can obtain a i551 stamp in your wife passport if you need proof of her LPR status. Bring the same evidence as your i751 application copy of old green card, NOA for both i-90 application and LPR approval to the local USCIS field office after you make an appointment with USCIS.

Contact  USCIS to make an appointment to get the stamp. USCIS may require proof of the need for a stamp due to covid restrictions (plan ticket, renew a drivers licenses, new job).

 

How can IO make an appointment? The number I call forces you to listen and it never gives you a chance to speak yo anyione.