Rejected I-90 form and Need to send I-751

[Xsoldier2000 0]

Ok, quick story to bring you up to speed.

My spouse is from Mexico. We married in Sept.17 2004 (she entered the US on Fiance Visa)

We've done everything up to getting the "Green Card". She's had the Green Card for a year, and it is about to expire. So we filed the I-90 to replace the Green Card. (Sent the $290 and they cashed it VERY quickly) Received a receipt and appointment for Biometrics for this morning. My wife just called and said that they told her we filed the wrong form. Apparently we were supposed to file the I-751 to remove conditions. I had never read anywhere we had to remove some kind of condition or file that form anywhere on the USCIS web-site. So she was denied the biometric appointment and we lost the money?

I just read the Step by Step guide on filing the I-751 here on the web site. It states;

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

We never received notification of the conditional basis of our status, so we didn't know about filing to remove such conditions.

Her GC expires sometime in Feb. so we can file the I-751 within the window allotted. But my concern is, why did they NOT return the form and money once they knew it was the wrong form? They will not refund the money ($290) or credit it towards filing of another form which now costs "$465 (plus $80 biometric service fee)".

So they accepted our money and went ahead and started processing the wrong form, didn't allow my wife the Bio Metrics appointment and won't return or credit our money.

Seems fair. ...How do I sign up to work there?

Am I wrong to be so upset with this process? They don't want illegals here, so why does it cost SO much and complicate our lives SO much to do this the right way?

Please help. (I've been a member here since 2004 when we started this *****, **** process. I lost the password, and no longer have access to registered email I used.)

Thanks to all.

[Xsoldier2000 0]

Just following up....I guess it was my mistake by not investigating it more. I guess everyone in my situation needs to go through to remove this condition for the green card. It was a REALLY expensive mistake, one I'm sure won't happen again.

After going through the AOS stuff, I got lax in thinking the hard part was over. I though all we had to do was wait it out, until she is up for citizenship. BIG MISTAKE.

SO let me ask, what do i do next? We will file the I-751 in the next couple of days. What then, and what future steps should I be taking?

For all others out there, don't do what I did...stay on top of things and continue reading on what to do next. You may be missing something...

Thank you Visa Journey for everything you do to help the people here.

[sxdx79 0]

Just following up....I guess it was my mistake by not investigating it more. I guess everyone in my situation needs to go through to remove this condition for the green card. It was a REALLY expensive mistake, one I'm sure won't happen again.

After going through the AOS stuff, I got lax in thinking the hard part was over. I though all we had to do was wait it out, until she is up for citizenship. BIG MISTAKE.

SO let me ask, what do i do next? We will file the I-751 in the next couple of days. What then, and what future steps should I be taking?

For all others out there, don't do what I did...stay on top of things and continue reading on what to do next. You may be missing something...

Thank you Visa Journey for everything you do to help the people here.

There are two separate issues. If the GC has not expired file the 751 ASAP because if you don't your wife can loose legal status. You can call and ask about the refund. Good luck!!!

Filing for citizenship when eligible is a good next step, you'll never have to worry about the GC again if that's approved.

[john_and_marlene 162]

The fee is for filing regardless of the outcome of the filing--you filed the application--they keep the fees.

[payxibka 10,045]

The fee is for filing regardless of the outcome of the filing--you filed the application--they keep the fees.

Unfortunately this is the cold hard truth

[Xsoldier2000 0]

Deleted, started new thread for new problem.

Edited February 9, 2008 by Xsoldier2000