I-751 Submitted Through Wrong USCIS Account (US Citizen not petitioner's USCIS account)

[jk1234 0]

Hi, 

 

I am a U.S. citizen, and my wife received her conditional green card (CR-1 category) in 2023. As the expiration date approaches at the end of this year (2025), we filed the I-751 petition to remove conditions on residence through the USCIS online system.

 

However, the issue is that I mistakenly submitted her I-751 under my USCIS online account (the U.S. citizen spouse account), not my wife’s account. Because of this, we still have not received the Receipt Notice (Form I-797) even after more than a month. Without the official receipt and automatic extension, my wife is now facing difficulties such as renewing her driver’s license and other identification issues.

 

We contacted USCIS by phone and through the online chat, and we were advised to upload an affidavit or letter requesting USCIS to transfer the I-751 case from my account to my wife’s USCIS account. We uploaded the affidavit as instructed, but we have not received any response yet.

 

After 30 days from the initial submission, we also submitted a “Did not receive Receipt Notice” inquiry, and that inquiry is now with the National Benefits Center. We were told it may take up to another month to receive a response. (For reference, all documents were filed online. My account shows a receipt number (IOE…), and the status says “Case was received and a receipt notice was sent,” even though we have not received the notice.)

 

During a recent Emma chat session, the representative suggested withdrawing the I-751 filed under my account and resubmitting it through my wife’s account. However, since withdrawal cannot be done instantly online and must be submitted as a written request, we are concerned that re-filing could cause complications or duplicate filings.

Given this situation, I would like to ask:

 

• Is it safer to wait for USCIS to act on the affidavit/letter we uploaded requesting the case transfer?

• If not, what is the proper way to contact USCIS to ensure the affidavit is reviewed?

• Would withdrawing and re-filing in my wife’s account cause any issues?

 

Thank you very much

[Crazy Cat 45,885]

I would not withdraw and refile yet. I would wait.  The I-751 was filed under her A-Number.  Assuming you filled in the I-751 correctly, I think she will receive the extension letter. 

Edited 33 minutes ago by Crazy Cat