USPS delivered GC to wrong mailbox - I-90 question

[a.miel 5]

Has anyone recently AND successfully filed an online I-90 with the fee waived after USPS misdelivered? If so what steps did you take to ensure this? We really do not want to pay the $455 fee if we can avoid it since money is tight and prefer to file online since it would be faster and easier. Our situation is explained below. 

 

I live in a house where a second family rents from the first floor unit so we have 2 mailboxes, one for their family and and one for mine. After my I485 was approved, I received a tracking number. After some waiting, the tracking said it was delivered to a "PO box" with no number. We do not have a PO box. I called the USPS office that delivered it and the lady that answered the call said it was strange that the tracking says delivered to a PO box with no number and that it shouldn't happen. Turns out, she recalled that she was the one that delivered it and said she didn't know which mailbox it was (even though they're labeled - mine says 2F for floor 2, which is reflected in my address) so she put it in a random one - which turned out to be the incorrect one. We've never had past USCIS correspondence misdelivered before so I was confused. I spoke to the family downstairs about it and they don't have it/don't know any information about it. Basically, we have no idea where it is now. Maybe someone on the first floor took it and threw it out or lost it in their house. We cannot accuse them of anything. Ultimately, it is still USPS' fault for misdelivering it. Their usual postman was on holiday during the time they delivered it so the lady that filled in for him was from another office, unfamiliar with our mailboxes. I asked them to write me a statement or letter to confirm they delivered it to the wrong mailbox and they agreed. Waiting on that to be sent to me currently. 

 

We called USCIS and asked what we should do. They told us to file a paper I-90 along with a fee waiver but I'm worried it will be denied. I also did some searching on this forum to compare other people's similar USPS experiences and it seems mixed. For example, these posts were able to get it successfully waived: 

 

The first one was able to get it waived for free online but the second one seemed to have done the paper filing with a fee waiver form.

 

 

But there are also some failed experiences:

These are pretty old from 2015, 2017, 2019 so I really want to know if there are more recent cases where they were successful. Should I bite the bullet and pay the $455 lost/stolen option and attempt to file a fee waiver to be "safe" and get a stamp OR do I have good chances of filing online as "never received" since I will have the statement from USPS that they misdelivered? 

[powerpuff 5,893]

~~ Topic moved from AOS K1 Progress Reports to General Immigration discussion where I-90 questions are discussed ~~

[TBoneTX 43,058]

Perhaps no one can say for sure.  If it were me, I'd choose the second (cheaper, faster) option first, attaching the USPS letter and a fee-waiver form.  Others here may have other ideas.

 

You might also contact your Congressman's office (the immigration liaison), fill out the permission-to-intervene form, and see if they can intercede on your behalf.  This has the potential advantages of formality and of better tracking of the case.

[Timona 3,940]

Well, you created your own mail address. Why not just use one address that is recognized at USPS and remove that 1F and 2F labeling that you created? 

 

I mean, all you need is either of you to collect mail and give it to the other. There are many people who share other's mailbox. They share, they don't created their own addresses. 

 

Get rid of the fancy mailbox you created and just have one. 

[a.miel 5]

4 hours ago, Timona said:

Well, you created your own mail address. Why not just use one address that is recognized at USPS and remove that 1F and 2F labeling that you created? 

 

I mean, all you need is either of you to collect mail and give it to the other. There are many people who share other's mailbox. They share, they don't created their own addresses. 

 

Get rid of the fancy mailbox you created and just have one. 

 

That's really not helpful lol. We live on separate floors and when I moved in with my husband's family, it had been this way for years. I did not "create" this mail address. I have no control over who rents that unit and she has taken my amaazon packages (left at the door) by accident before and opened them. I don't know her - how is it my fault that 1) it was delivered to the wrong box, 2) she may have thrown it out without realizing? In fact, USCIS forms have an option for Floor when you put in your address. It's completely valid. 3) We have never had issues before with receiving mail from USCIS and it's not our fault that the person who delivered it can't read. Don't act like you live in a perfect world. Plenty of nasty people are out there that steal for no reason or are just idiotic and cannot read. 

 

And yeah, you would think that they would just give us the mail that doesn't belong to them right? I literally asked myself that same question. Why did she not just do that?

5 hours ago, TBoneTX said:

Perhaps no one can say for sure.  If it were me, I'd choose the second (cheaper, faster) option first, attaching the USPS letter and a fee-waiver form.  Others here may have other ideas.

 

You might also contact your Congressman's office (the immigration liaison), fill out the permission-to-intervene form, and see if they can intercede on your behalf.  This has the potential advantages of formality and of better tracking of the case.

Thank you, I'm going to contact my state senator since they have an office with resources specifically to help with USCIS issues. 

Edited January 12, 2023 by TBoneTX
OP's in-thread request

[TBoneTX 43,058]

Good luck with resolving your issue, and keep us closely apprised.