DialNoises

1 minute ago, OldUser said:

No, that's not the reason one could get their LPR status taken away. You're not responsible for USCIS and for their IT system generating erroneous reminder. If you're not required to file I-751 by law, you shouldn't file it even if USCIS sends you an auto generated reminder.

 

You can call USCIS and discuss this situation with Tier 1 / Tier 2 officers to ensure everything is up to date in their system. 

 

It's possible your I-751 reminder was printed and put in a warehouse for sending out months before you actually got it. It's hard to know how exactly they operate.

Thank you for your comforting words! 

And I will give calling them a try, that is if I hijack my way into speaking to an actual person haha, I'll figure out a way! 

And I checked the print days for the letter, that's when I noticed it was printed months after recieving the corrected unconditional GC card 

10 minutes ago, OldUser said:

In case if they accuse you and put you in removal proceedings, you have the proof to show in immigration court:

 

- Copy of old 2 year GC

- Copy of 10 year GC

- Copy of I-90 and all I-797 associated with it's receipt and approval

- Copy of your I-485 and I-797 associated with it, including the interview invitation and approval notice.

- Copy of your passport, visa and stamps in it and I-94

 

If you have doubts whether you should have had a 2 year or 10 year card you can consult with a lawyer.

Court.. Wouldn't not doing anything to make sure I'm not being out there in the begin was going to make a good case against me? 

2 hours ago, OldUser said:

You expect a little too much from USCIS.

If you have copies of I-90, old and new GC, you shouldn't worry about I-751.

 

You have supporting docs showing you were issued conditional GC by mistake. Keep them safe.

Thank you! How is it helpful for me to have these if USCIS accuses me of not filing i-751 and orders me to leave in my own or by governmental force? 

Anyone knows if this should be a concerning thing? 

If my newly issued GC shows IR1, shouldn't I be registered as an unconditional resident?

Why still issue me a notice to file, for i-751 months after issuing me the IR1 (10 year) GC? shouldn't their system not automatically issue me this kind of a notice if I should be registered as an unconditional resident?? 

It's common for any kind of service to sometimes send you a "reminder" that requests you to do something like paying a certain bill, or sending a certain document, even though when those things are done 

So it's common to just ignore these kind of letters as they are no longer relevant to you 

"oh they are still requesting me to pay that water bill, I already paid it so this letter must have sent before I've paid it or by an accident" 

But I'm afraid to thread this lightly with USCIS especially not after the torment they have put me and others in the forum through, seems like everything is possible with the USCIS and they are not very forgiving even if they are at fault.

I could very much believe is that either this letter was send by a very odd mistake, or I may have the IR1 card but I'm not fully registered as one all across the board as USCIS have made it clear that they can be be sloppy sometimes

On 1/3/2023 at 10:45 AM, Family said:

Look at your green card and update here if it’s a 2 yr or 10 yr…it’s been in your pocket for 2 years so assuming you would have noticed the expiration date , if not the category.

It's complicated, 

At the time of the interview we were married for over two years, 

However the card that was issued after the approval thay occurred the same day of the interview was a conditional card, with two years. 

Technically the card that was originally issued for me is expiring very very soon. 

In addition to that, when I received my original card and noticed the expirey sad incorrect, I sent out an i-90

Only over a year and a half later I've finally had officers investigate my case and then issue me a 10 years card, which I posses now. 

The category on it, if I remember correctly, is IR1 as I've investigated the difference between the category on my original one and my newly issued one, confirming that the category on my new card means that it's unconditional. 

However I was still issued a reminder to remove my conditions, and the notice issue date on my letter dates months after being issued the 10 unconditional card 

On 1/3/2023 at 9:26 AM, OldUser said:

Did you receive a 10 year green card?

 

Were you married for 2+ years on Resident Since date which is on your green card? I know you said you were married for over 2 years when you had AOS interview, but the reason why I am asking is to ensure Resident Since date is correct.

I did receive the 10 year green card just recently after sending the i-90 (and have it process for over a year 🥲) to have my 2 year conditional one corrected into a 10 year! 

But yeah, last time I checked it does show that the date I became a resident was a time where my spouse and I were already married for over two years at the time! 

However I still got the corrected card prior to getting the ROC notice, which was sent months after 

Hey, just a few weeks ago I got a letter from the USCIS calcimining that I should soon start applying for the removal of conditions, months after getting the corrected non conditional permanent residence card.

Should I be worried? why would they send this letter if Im technically should be registered as a non-conditional permanent residence? kinda odd, I know that USCIS is uh very disoriented at what they do, but this letter was probably auto generated, and if it was auto generated, it should have been created based of my status as a resident, right?

8 minutes ago, Sara Tony said:

Thank you a lot and happy all  worked good for you at the end.

Thank you very much, I hope it continues so!

20 minutes ago, Sara Tony said:

Yes..I wanted to know if they accepted your second time AOS application after you were told you can't. 

Thank you.

After including all proper documentation in the second AOS packet I've sent and paid for, they have had me come to an interview a year later and have approved my application.

What occurred after however that at the time of the interview my wife and I were married for over 2 years, so we would have to qualify for the unconditional 10 year permanent residence card, however this may have been overlooked by the person interviewing us and we have been sent a conditional 2 year card.

Which I had to file an i-90 to have it corrected, but it took nearly two years to be reviewing by the USCIS. if it wasnt for the congressman getting involved into communicating with the USCIS in regards to my I-90, I would have had to start applying for the Removal Of Conditions I-751 form,  which would have not ended well because technically at the time of my AOS interview I was already married for over 2 years, so that would cause complications and probably void whatever that would have happened in the i-751 interview, if that was one.

Definitely a painful process.

17 hours ago, Sara Tony said:

Hello..I am interested to know what happened to your case after you applied again. 

 

Thanks. 

After I applied for the AOS again, right?

Theres so much that has happened, which parts would you like to know about the most?

20 hours ago, carmel34 said:

Filing an N-400 for naturalization is not required for LPRs.  The 3/5 year requirement is the soonest you can apply for US citizenship, 3 years based on LPR date and married to a US citizen, or 5 years from LPR date not based on marriage.  Both options are available to you, but it is completely optional.  You can apply when eligible, or 10 years later, 13 years, or never, it's your choice.  There are also US residency and other requirements.  My aunt from Canada married a US citizen many years ago, became a US LPR after marriage, and lived in the US for the rest of her life.  She never became a US citizen because she didn't want to.

Interesting! That's a relief then! 

Crazy knowing that I can already apply for citizenship starting.. Next year? All though how long this process came to be and how many years have been tossed away to reach a moment of lawful residency, I never thought the moment of citizenship eligibility would be layed out to me so, soon. 

Guess that will be something to consider, it's just that.. denouncing my other nationallity/residency..  

I'm glad this removal of conditions thing got sorted out, I went over the i-752 forum and I didn't realize how terrible the time processings for it are right now, thinking how thst would be another few years of uncertainty and troubling immigrantion conditions on top of how long I spent getting through the AOS phase ever since I've first came to the US! It's about to be 5 years in just less of a year now, what a headache haha.. I feel so terrible for everybody else.

Regardless, thank you! 

Great news!!! Reaching out to the congressman helped! USCIS finally looked over my case and had it corrected! 

A new card has been produced and its on its way to me!! this is such a relief! Thank all of you for helping me through this tiresome wild trip and thread that is already a couples years old!

So my stuff are currently still under the works with the congress, things look promising, that advise has been really helpful and im grateful for this community for pointing it out,

While things are still processing, while im not all that much worried about applying for the naturalization, I found some concerning things regarding the n400 process while researching things related to my AOS and im not sure how much they relate to me or not.

Are you expected and are suppose to apply for naturalization 90 days before you become eligible for naturalization? what happens if you dont and decide to apply later on? its not a rush for me as while having citizen rights is nice, just being able to be with my spouse in the same place lawfully already makes it the ultimate satisfaction for me.

Sure, applying for naturalization is a benefit on its own (as long as youre willing to renounce your forgiven one) and why wouldnt you apply the soonest you can, but considering how weird my USCIS process was, should I be concerned about not applying in time? will i get penalized if I dont? this is all I care about honestly.

I used to think that you must apply 5 years from the moment you have given permanent residence, but now im seeing 3 years, wheres the truth?

Regardless of if its 3 or 5 years, is it 3/5 years starting the moment you entered the US? the moment you received your conditional one? or the moment you received your unconditional one?

Thank you!

On 4/1/2022 at 2:13 PM, Villanelle said:

You know my local pharmacy just implemented this voice responsive phone system and it drives me nuts. It takes forever to navigate through as if you don't say the exact phrase back as a choice it offered it responds Im sorry I don't understand lets start again and it loops you back to the start.!! Im sure you've experienced the same somewhere as these systems are everywhere now.

 

USCIS phone line is basically an automated system but with live people. Technically tier 1 has no information besides whats available online and are limited to reading premade scripts back to you. So in a way it's you explaining to a live person your issue and them operating the computer response system based on what they hear. Some people have more success using Emma the chat bot as with her there is no middleman so to speak. 

 

Tier 2 are actually officers and can see a bit more but the problem with using them is as you see is its terribly difficult to get to speak to one and when you do it's impossible to follow up with the same individual. 

 

A tier 2 can submit case inquiries or comments to the Officers who are actually handling it but it's pretty much a one way conversation as it's rare for them to get a a response back from their inquiry and then be able to successfully relay it back to you. 

 

You may get connected with a T2. They will submit your inquiry. They may even attempt to contact you back and if you are fortunate enough to connect back with them you will most likely be told they submitted your inquiry and got a response back from the Officer working on it of 'ok, inquiry received, being processed'.

 

At the end of the day--- not helpful.

 

 

 

So this is where your congressman comes in. Everyone has 3 to choose from. 2 senators and a house of representatives member. You can use Google and your zip code to find your congressman representatives. Political party affiliations don't matter. You most likely will not even speak to the actual congressman, I honestly don't think I've heard of anyone who has when getting help from their office.

 

In their office is someone whose job is to handle such. Start by going to the websites for your representatives. You should find a link for 'get help' with immigration or government agency. There is a release form you need to fill out and sign so they can inquire with USCIS on your behalf.  You can probably submit everything to them online/email/fax /phone and not have to go in person at all but if desired I'm sure they would allow you an in person meeting.

 

The congressman staff member will reach out to their liason at USCIS. They WILL get a response back and relay it to you. They CAN follow up with the liason if needed. The liason can be compared to the T2 but the difference is accountability and a paper trail. 

 

The best part. Help from the congressman is FREE. 

 

Now you may get back as response we are still processing it please wait 60 more days. If there was an error in your form the liason can help correct it. And when the 60 days are up if it's not resolved you go back and they will contact them again. 

 

So I strongly suggest you reach out to your representative. Any of the 3 can help. Google or VJ can help you determine which is best to seek help from. Only seek help from one. Some are more helpful than others. Typically the house of representatives member is best as they serve a smaller area so less workload but do a bit of research.

 

Beyond that there is the Ombudsman which is technically appropriate to contact as well as they handle technical and policy errors with USCIS like the wrong card being issued but they have a very long wait list for help and you can most likely get this resolved with the congressman assistance. 

Thats mind blowing! Thank you so much for explaining the idea and the process in such detail, thats really helpful considering I've never done anything like that before and speaking directly with a congress senate that would also somehow have access to my USCIS related documentation and submitted cases would have sounded but a far away vivid chance, but your explaining makes so much more sense!
 

60 days not terribly long but is still a pain considering how close starts the period in which I have to start submitting my ROC forms, but better knowing it now than later, I should start working on that, thinking also about multi tasking and still getting a tier 2 to contact me again (since they had called me while I was at work which was not feasible for my to answer at the time) just to double my chances of getting my case resolved sooner, unless doing so will complicate the process of my case and will do more harm than good that of course.

Thank you so much for guiding me forward into right direction and putting the dedication to read and reply to my comment and offer remarkable aid that I would have honestly not been able to discover on my own in time and would have probably found myself in a far worse place.

If it wasn't for all the help her, I would have chosen to appeal my rejected i-485, pay unnecessary fees and be unemployed even longer, I would have still had a newer i-485 pending right and I wouldnt have been a lawful resident in the slightest.

VJ is the new uscis hotline 

30 minutes ago, Villanelle said:

 

The policy is well known and very clear.

 

taken from  https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage "Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident"

 

You don't become a permanent resident retroactively starting on the date you filed. You become one the day you are approved.  If the date you were approved shown on your card is 2 years or more from the date of your marriage you do not get the conditional card.

 

I don't know why you are constantly getting incorrect information from USCIS. Perhaps the way you are asking is causing them to recite inapplicable policies as response? You have to remember USCIS can not give legal advice. If you ask the wrong questions they will still answer them.

 

The i90 is a form asking them to print you a new card. There's a variety of reasons why one might need a replacement card.

You selected DHS error as you don't simple want a duplicate incorrect card, you want them to make a correction and send it to you.

The form requires you pay but if you are claiming DHS error they allow you to submit it with no fee as they correct errors for no fee.

They will review your form. If they decide it is their error they will process it and send you the corrected card. No fee will ever be asked for. 

If they review your form and decide it's not their error they still have your form requesting a duplicate card be sent. So they will send you back a letter saying we don't see an error we are responsible to fix for free. If you still want us to print you a new card send us the fee. 

 

Sometimes people fail to change their names the way they want during the process. Sometimes its DHS error but usually its the applicants fault and if so they have to pay to get the card changed. 

 

In your case the outcome should be them acknowledging DHS error and sending you the corrected 10 year card. If they deny your i90 as they don't see any error your best option is to get help through your congressman. 

Thank you so much! I understand it much better now, that puts me in a relief!

Quote

I don't know why you are constantly getting incorrect information from USCIS. Perhaps the way you are asking is causing them to recite inapplicable policies as response? You have to remember USCIS can not give legal advice. If you ask the wrong questions they will still answer them.

Thats surprising, I have been reaching out to them multiple times in hopes of a resolve on their end, such as the agents connecting me to a higher tier officer who could possibly have the ability to submit a request to issue me the corrected card, or any other resolve that could have ended in getting the card reissued.

When I would reach out to the USCIS on the phone, I would explain it this way "Hey! I am calling because I believe that I have received an incorrect permanent resident card after filing a i-485, a year ago I had my interview and we were approved, however since my wife and I were married for 2 years at the time of the decision of the approval, I should have received a non conditional 10 year CG in the mail, but instead I have a received a conditional 2 year CG"

Then the officers may say at least one of the two following things:

"Have you been married for 2 years at the time of submitting the i-485?" believing that you only qualify for the 10 year GC if you have already been married for at least 2 years at the time of submitting the i-485.

or if they are told that their policies, even on their website specify that if you were married for 2 years at the time of the decision, you qualify for the non conditional 10 year GC instead of the 2 years GC, the USCIS replies with:

"uhh well we dont know, I would suggest filing a i-90", then if you tell them that you have already filed on a year ago, they just ask you to wait, but as you said these applications should take less than a year, and the estimate on mine at the time was 5 months, so I dont think it is safe to keep waiting if my case was somehow dismissed, that is especially since now that its been a bit over a year ever since I was granted the GC I will soon have to start applying for the ROC.

So this time I am making an attempt to see if I can get connected with a 2nd tier officer to look over my case as difficult as it may be to get connected with one at the moment, let alone to speak with the agents themselves alone.

5 hours ago, Villanelle said:

You are overthinking. Catastrophic thinking is when someone assumes the worst case scenario or believes things are much worse than they are. 

 

Trust me that USCIS is well aware of the 2yr conditional card requirements and know it is only issued if the marriage is less than 2yrs. 

 

So why are you getting responses back from them saying ROC can't be waived? Because ROC can't be waived. Even if the 2yr card was issued incorrectly ROC can't be waived.  To remove the ROC requirement the card must be corrected. That is the only way to remove the ROC requirement. 

 

Now when you file the i90 and choose DHS error you do not need to pay. IF the Officer reviews it and determines it was not DHS error they will send a soft denial advising you to submit payment to process your i90 as it's been determined to not be DHS error and payment is required.  It's the same as when one attempts to use a fee waiver.  If you request a fee waiver and they decide you don't qualify for it they will soft deny and request the fee to continue. 

 

Replacement cards through i90 can take up to a year but I am concerned that perhaps you didn't fill out the form correctly which is causing the delay. 

 

You may want to consider submitting a new i90 based on DHS error. You can search the forums for information on how to fill it out properly or post specific questions here for help. 

 

You can also reach out to your congressman for assistance in inquiring on the status of the i90 filed and address any issues that may be causing a delay.

I hope youre right! so far I've spoken to numerous USCIS agents and they all believed that its the other way around, that I must have received a 10 year GC only if I was married for two years at the time of submitting the  i-485, and not at the time of the card being issued, which I know is not true thanks to all of you, which makes me doubt the officer looking at my i-90 wouldnt think too much before denying the i-90. but best case scenario is that youre right!

And yeah i do understand that the ROC cannot be waived, therefore I have submitted the I-90 to counter that, however the response that I got from the USCIS (they tried reaching out to me since I requested a call back from a higher tier officer, but were unsuccessful because I was busy at work, I was told they will make other attempts to call again but I know how misguiding the agents on the phone may be) was more or less the assumption that I didnt sumbit an i-90 to correct the error that is on my card, including a detailed explanation of how to submit an i-90 and what to expect.

Quote

Now when you file the i90 and choose DHS error you do not need to pay. IF the Officer reviews it and determines it was not DHS error they will send a soft denial advising you to submit payment to process your i90 as it's been determined to not be DHS error and payment is required.  It's the same as when one attempts to use a fee waiver.  If you request a fee waiver and they decide you don't qualify for it they will soft deny and request the fee to continue. 

I am afraid to say, but I am still confused, not overthinking it but however having hard time understanding this.

but I am assuming that your point is that, if they deny my I-90 they would not ask me to pay the original fees that come with submitting an i-90, right?

I tried calling USCIS once again and was able to connect with an agent, and I got an email explaining that if there's an error on my permanent resident, I need to file a I-90 form, which I already filed over a year ago. 

As I was reading the email, I couldn't help but notice this quote:

"The adjudicating officer will decide if the incorrect data on the Permanent Resident Card is due to DHS error. The adjudicating officer may deny the selected reason and require you to pay the application fee and/or biometrics fee" 

Does it really mean that if my I-90 will be denied, they will really make all the fees associated with the I-90???

It concerns me because it doesn't seem like the reasoning behind why I was supposed to be getting a 10 year CG is common knowledge within USCIS, neither the officer who adjusted us.. CG

It's been a year ever since I've submitted the I-90, there were no updates other than the biometrics getting processed.🥲

and the USCIS bypassed almost every possible way to get connected with a representative..

6 minutes ago, Letspaintcookies said:

The thing is you can't ROC because there's simply no need for you. We just had a case here where somebody asked if/how they can get their money back for the ROC application. I think it was kinda like your case. They received the wrong card and just went along with it, applied for ROC and at some point got 'denied' because they had no case. 

 

This is really a stupid situation and I hope you can get it resolved soon.

Oh! I actually had no idea! I would have otherwise applied for the ROC and both wasted my time and money! 

This is a very tricky situation then! 

5 minutes ago, HRQX said:

Like @Ayrton mentioned in the previous page, when calling the USCIS misinformation line they give a lot of wrong info.

 

They clearly issued you the wrong card. See INA 216(h):

 

Also: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa. Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

Exactly!

51 minutes ago, Alytes said:

My husband and I just started the AOS process from K1 and I looked up AOS denial, because I'm looking for ways to prep for questions and issues.  I just spent a long time reading your whole thread and I just want to say CONGRATULATIONS and way to persevere!  So many ups and downs, including the most recent incorrectly issued 2 year GC.  But you have a GC and that is great!  And this community is awesome for all the hand holding and guidance they provide.  I'm felling inspired:)

I'm so happy this thread was helpful for you! And thank you so much 😊😊😊

This community has done so much for me and others and I couldn't be grateful enough, I don't know where I'd be without those who helped me! Probably following USCIS' misleading instructions and probably stuck still waiting to get my interview done haha

36 minutes ago, HRQX said:

Do you still have the incorrect GC in your possession?

Yup, that is correct.

Still do, waiting for USCIS to work on my case, last update was Feb 15 I believe, they wanted me to do biometrics and then decided they didn't need to. 

Whatever they action they will take in my case will probably be a matter of hit or miss becuase like st least 3 reps on the phone were 200% sure that "it doesn't matter, the removal of conditions has to be done regardless of if you're married for over 2 years or not" 

So I feel like this is not common knowledge within the USCIS that you're supposed to be recieving a 10 year GC and not a 2 year.

Also another reason why they could mishandled my case is, when I had to first submit it, the online form asked me if I'm a conditional resident or not, or something like that I don't remember (maybe something about "are you an unlawful or lawful resident) and I had to answer no, which apparently when you answer yes, it gives you more options to give them a reason on why you're submitting the form. 

So I had to submit my form without an explanation, and since it's an online form, I am able to upload "evidence and documents" to the case, and I attached a picture with text on it explaining that I was issued the wrong gift card. 

Knowing how USCIS straight up denied my entire form for just a singular misconception, I'm sure they will deny me for simply not clicking the right option while filling the form online and will ask me to refill it, which by the time they will respond to it again, I'll have no choice but to apply for removal of conditions. 

But hey, hopefully this won't happen, right? 

I'm itching to renew my ID but they probably will have to give me a special one for conditional residents, just like how the ID that I'm currently carrying was only good for only a year. 

The case said 5 months and they could update at any moment so I have conflicting thoughts on if I should wait before renewing my ID or not 

I bought and used one of those portfolio briefcases with handles and folders inside! I bought one from target (my briefcase was only $13, I cannoty find the exact one I have on their online website), and it looked quite professional and convenient, however I recommend the simple ones from staples, I found them to be much higher quality, and you will make the best judgement of which one to buy if you are able to walk into one of their branches!

Applying for public benefits, which is accomplishable such as Medicaid can qualify your spouse for public charge, which will be very frowned upon during the AOS interview and can most definitely get your pending AOS denied and even may affect your chances of applying again if I am not wrong.

The new I-944 form is there to determine that you wouldnt be subject to public benefits or be a burden on the tax payer money, if they were to determine that youre public charge, then your application would get denied, if you were to use public benefits before the AOS, they wouldnt even need to make a judgement on whichever your spouse is public charge or not, their decision would be just made on the spot.

1 hour ago, DialNoises said:

Thank you so much! I knew something was fishy, thank you for confirming it for me! do I however really need to pay the $455 filing fee? sounds absurd if this was a mistake made on their end

 

edit: reading more upon the filing fee, it seems like I dont have to pay the filing fee if the reasoning is "My existing card has incorrect data because of DHS error.", I hope thats true

Sent out an i-90! I cant believe its gonna take 7 months at the minimum, thats crazy... all this waiting has really stripped my liberty of functioning independently in the united states

59 minutes ago, HRQX said:

The representative clearly gave out misinformation. See INA 216. It says that conditional GC is only given when the status is based on "a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage"

 

You will have to submit an I-90 to correct it. Reason (D) is free to file; "My existing card has incorrect data because of Department of Homeland Security error"

Just submitted the I-90! thank you so much! they didnt give me the option to give a reasoning for my application so I made a picture explaining it instead and attached it in the application's files!

Thank you!