Filed I-90 Instead of I-751. I-751 Is Now VERY Late!

[AquaMarie 0]

As the title says, we stupidly filed I-90 thinking we were "renewing" my husbands green card, instead of I-751 to remove conditions.  This whole time we thought we were just waiting for his new green card in the mail.  As of a few days ago we were made aware of our mistake and are in the process of filing the correct form with an apology letter explaining our mistake. We also realized that they tried to send us the denial back in August of last year, but the letter was never delivered. 

 

The problem is that his green card is now approximately 15 months expired.  We are having a lot of anxiety about whether or not our 751 will be approved when it's this late. Does anyone have any success stories that they can share with us about a similar situation? Or your honest thoughts on what you think will happen?  We are seriously considering retaining an attorney just to advise us before we file.

 

Obviously the main concern is getting approved at all, but we are also a little bit concerned about traveling.  We have a family trip that we were very much looking forward to coming up in October.  It would require flying, but only domestically.  Do you think this will be in any way possible once we file the I-751?  Will hDear Sir.txte still be granted some type of temporary status while they process the application?

[Dashinka 23,375]

8 minutes ago, AquaMarie said:

As the title says, we stupidly filed I-90 thinking we were "renewing" my husbands green card, instead of I-751 to remove conditions.  This whole time we thought we were just waiting for his new green card in the mail.  As of a few days ago we were made aware of our mistake and are in the process of filing the correct form with an apology letter explaining our mistake. We also realized that they tried to send us the denial back in August of last year, but the letter was never delivered. 

 

The problem is that his green card is now approximately 15 months expired.  We are having a lot of anxiety about whether or not our 751 will be approved when it's this late. Does anyone have any success stories that they can share with us about a similar situation? Or your honest thoughts on what you think will happen?  We are seriously considering retaining an attorney just to advise us before we file.

 

Obviously the main concern is getting approved at all, but we are also a little bit concerned about traveling.  We have a family trip that we were very much looking forward to coming up in October.  It would require flying, but only domestically.  Do you think this will be in any way possible once we file the I-751?  Will hDear Sir.txte still be granted some type of temporary status while they process the application?

If you file the I751 now even late your husband should get an extension letter extending his status for 18 or 24 months (I think they are 24 months now).  Of course you have already used up 15 months of that period, but he can also get a ADIT stamp when that letter is about to expire.  Regardless, he should have no issues flying domestically in my opinion.  To find other stories, search here in the VJ search box "I751 filing late" to get other stories.

 

Good Luck!

[powerpuff 5,981]

~ Moved from Adjustment of Stutus forum to Removing Conditions on Residency ~

[Rafagus 64]

Hurry up and file the I-751 with lots of evidence and an explanation/apology letter.  There are many posts here of people that made the same mistake.  I think you should be OK in the end.  If you're not sure how to proceed, hire a reputable immigration attorney.

[arellah 125]

Same thing happened to me!

 

I filed late with an explanation and I have my interview tomorrow. I'll let you know how it goes and if they bring up the late submission.

[AquaMarie 0]

43 minutes ago, arellah said:

Same thing happened to me!

 

I filed late with an explanation and I have my interview tomorrow. I'll let you know how it goes and if they bring up the late submission.

Oh, that would be amazing! Thank you so much!  It seems that many people only post when they first run into the issue and they don't come back to update on the outcome.  

 

Approximately how late was your I-751? And how long after you filed the correct form did you get your interview?  

[Rocio0010 5,573]

14 hours ago, AquaMarie said:

Does anyone have any success stories that they can share with us about a similar situation? Or your honest thoughts on what you think will happen

Here. This thread will help tremendously:

 

 

[AquaMarie 0]

1 hour ago, Rocio0010 said:

Here. This thread will help tremendously:

 

 

Thank you! That was extremely helpful and has relieved some of the anxiety we are feeling. It also helps to give a more clear idea of where we are in this whole mess.  

 

So far we have only received the denial of the I-90. We have not received a "Termination of Conditional Status" letter. 

 

We are filing the I-751 any day now, along with a letter explaining our lateness, and will get an infopass for the I-551 stamp as soon as we receive an extension letter.  

[arellah 125]

On 1/31/2022 at 6:18 PM, AquaMarie said:

Oh, that would be amazing! Thank you so much!  It seems that many people only post when they first run into the issue and they don't come back to update on the outcome.  

 

Approximately how late was your I-751? And how long after you filed the correct form did you get your interview?  

So... I went today to my appointment and once I got there it got rescheduled due to the service center closing. They said "unforeseen circumstances" and they said my new interview will be a few weeks out...  So stay tuned for that update.

 

Here's my timeline tho:

 

 

• I-90 accidentally submitted - 2020-08-14
• I-751 submitted & received - 2021-03-26
• Biometrics applied to case - 2021-04-21
• Ready to schedule interview - 2021-12-22
• Interview scheduled - 2022-01-04
• Interview - 2022-02-01 / Postponed
• Waiting for interview rescheduling....

[annrose 27]

On 1/31/2022 at 9:06 PM, AquaMarie said:

 

 

We are filing the I-751 any day now, along with a letter explaining our lateness, and will get an infopass for the I-551 stamp as soon as we receive an extension letter.  

Did you file your I-751 then? Can you please let me know how long did USCIS take to respond with a receipt for it?

[yoda one for me 321]

On 1/31/2022 at 6:34 AM, AquaMarie said:

 

Obviously the main concern is getting approved at all, but we are also a little bit concerned about traveling.  We have a family trip that we were very much looking forward to coming up in October.  It would require flying, but only domestically.  Do you think this will be in any way possible once we file the I-751?  Will hDear Sir.txte still be granted some type of temporary status while they process the application?

Your main questions about the i-751 have been answered by other folks already, but incidentally if you're concerned about the expired green card and US domestic travel, your husband can present a valid state driver's license (possibly even a non-driving state ID card - not sure as I've never had one of these) as ID for airport security for domestic flights and won't need to show the green card at all.

 

(Obviously still take the green card and carry a copy of the extension letter with him at all times just in case it ever comes up! You're supposed to have your green card with you anyway as an LPR.)

Edited January 21, 2023 by yoda one for me
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