I-751 on greencard with erroneous expiration date

[annrose 27]

Got a rejection notice for my I-751 late filing with the reason “petition filed before the 90 days expiration date on the permanent resident card”. I received a 10 year greencard instead of conditional greencard after 1.5 years of marriage. Now it has been 3 years after I received my greencard.

How can I explain the filing of I-751 in this situation, since my greencard has an erroneous expiration date?

[Lil bear 4,252]

3 minutes ago, annrose said:

Got a rejection notice for my I-751 late filing with the reason “petition filed before the 90 days expiration date on the permanent resident card”. I received a 10 year greencard instead of conditional greencard after 1.5 years of marriage. Now it has been 3 years after I received my greencard.

How can I explain the filing of I-751 in this situation, since my greencard has an erroneous expiration date?

You should have applied for a replacement  GC as soon as you received the first incorrect card.   This is now a bit of a tangle as you must do ROC but the system

thinks you do not need to to ROC. 
 

search the forums for similar threads .. there have been several recent ones .. and read the responses given while you wait for answers to your thread. 
 

Good luck 

[Mike E 11,741]

1 hour ago, annrose said:

How can I explain the filing of I-751 in this situation, since my greencard has an erroneous expiration date?

What did your cover letter say?

 

Did you get your I-751 fees back back?

[annrose 27]

6 minutes ago, Mike E said:

What did your cover letter say?

 

Did you get your I-751 fees back back?

My cover letter was just a list of documents included. The explanation of USCIS error was added in a separate letter. I should have probably added that explanation in the cover letter itself?

 

Yes. No fees was taken. They didn’t charge my credit card for this I-751 filing.

[annrose 27]

1 hour ago, Lil bear said:

You should have applied for a replacement  GC as soon as you received the first incorrect card.   This is now a bit of a tangle as you must do ROC but the system

thinks you do not need to to ROC. 
 

search the forums for similar threads .. there have been several recent ones .. and read the responses given while you wait for answers to your thread. 
 

Good luck 

Thank you! Got late when I realized this.
 

I probably need to write a good cover letter briefing the error in expiration date, to guide USCIS in this application. I am trying to get I-751 filed successfully now, since I recently learned this is needed before naturalization.

[Mike E 11,741]

3 hours ago, annrose said:

I should have probably added that explanation in the cover letter itself?

Yes. 

[Family 4,027]

3 hours ago, annrose said:

4 hours ago, Lil bear said:

You should have applied for a replacement  GC as soon as you received the first incorrect card.   This is now a bit of a tangle as you must do ROC but the system

thinks you do not need to to ROC. 
 

search the forums for similar threads .. there have been several recent ones .. and read the responses given while you wait for answers to your thread. 
 

Good luck 

Thank you! Got late when I realized this.
 

I probably need to write a good cover letter briefing the error in expiration date, to guide USCIS in this application. I am trying to get I-751 filed successfully now, since I recently learned this is needed before naturalization.

Another letter will not resolve the issue, even if on page 1. You will be rejected. 

You chose to hold on to the card once you realized it was issued in error..I understand. But you still have a bit of work ahead of you:

 

1. File I-90 for error ( no fee). Include your letter , copy of your marriage certificate and I-485 interview notice and approval notice if available. AND SEND your card in as required. 

2. Once you get the receipt notice for I-90 , attempt to file I-751 again and show your first rejection, new I-90 filing . It may be rejected again…but all this effort will pay off .

 

3. Once you have 3 years from date of LPR, file N-400. ****If nothing has been resolved until then, you will have an opportunity to get in front of Officers/ Supervisors and a speedy resolution *****

 

[Mike E 11,741]

4 minutes ago, Family said:

1. File I-90 for error ( no fee). 

In  vain I think.  
 

I used to be a believer in filing I-90 at any time to fix problems with conditional green cards. 
 

Then someone on VJ pointed this out:

 

https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf

 

Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days.

 

I’d,

 

* give USCIS a second  crack at this with an improved cover letter

 

* after the reject, call USCIS, say “info pass”, and request a tier 2 officer call. 

 

* if filing N-400 and the tier 2 doesn’t get it, file I-751 a third time if the second attempt is rejected, this time including all USCIS communications on the I-751s. 

 

*  then include all of the above with the n-400.    Usually the N-400 ISO catches it.  
 

But OP might luck out like neonred 

 

 

 

[Family 4,027]

Went down the rabbit hole…Neonred was pre big digital change and also very lucky. The no-fee filing of I-90 for correction of USCIS error is worth effort to show OP has exhausted all requisite actions…and taking step way in advance of N-400 eligibility, means there will be no room for USCIS to delay the cleanup much. ..

 

This of course assumes OP did not miscalculate his own timeline 

Edited January 29, 2023 by Family

[Family 4,027]

51 minutes ago, Mike E said:

used to be a believer in filing I-90 at any time to fix problems with conditional green cards. 

May attempt to restore your faith: link to I-90 instructions and a clear directive .

https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf

NOTE: If you believe you were misclassified as a conditional permanent resident, because you were married for two or more years when you obtained conditional permanent residence, file Form I-90 under reason “2.d.” and include a copy of your marriage certificate with your application.
NOTE: Do not select this reason for filing if the error was not caused by DHS. Instead, you must file using reason “3.e.” (My name or other biographic information has been legally changed