Advice Needed on I-751 Problem - Lawyer or Not?

[Paul D 0]

I need some help on an I-751 problem that I am having with my wife and step-daughter.

In the summer of 2006 my future wife and step-daughter came from Ukraine on a K-1/K-2 visa - we married in August, 2006 and went through and got approved all the necessary forms, paperwork, appointments etc.

This January I mailed in the I-751 (single copy since my step-daughter came in the US at the same time as my wife) with Part 5 filled out. I sent in one check for the application fee ($465 plus $80 biometric fee for each of them).

The I-751 was returned to me for an improper fee - I then mailed the I-751 back with a 2 separate checks - one for $545 and one for $80.

Three weeks ago the $545 check was cashed, we received the one year extension for my wife and the biometric appointment for her was set up.

The next week (two weeks ago) we received a letter from USCIS that my step-daughter cannot be included in a joint petition filed by the parent since my step-daughter did not acquire conditional resident status concurrently with her mother - complete hogwash - copies of the passports with date of entry was enclosed with the I-751.

Going back and taking a look at the notice dates when my wife and step-daughter got their green cards - my wife's date was 3/7/07 and my step-daughter's date was 3/2/07 -

I called Immigration and was told to go to the local office and have them fix the problem - well, the two year time limit was due to expire and I couldn't make it to the Norfolk, VA office in time-

I called my local congressman's office and spoke with the immigration specialist - my daughter's file was in Colorado and my wife's file was in Vermont - after several days the immigration specialist from the congressman's office said that my daughter's application (green card) was processed before my wife's - as evidenced by the Notice Date of 3/2/07 for my daughter and 3/7/07 for my wife.

The congressman's office suggested I send in another I-751 just for my daughter this time - I prepared another I-751 for my daughter on 2/26/08 and attached a check for $545.00 with that application.

I took the envelope to the USPS on Friday morning 2/27/08 and purchased Express mail overnight to the Vermont Service Center - delivery was guaranteed by 3 PM Saturday 2/28/08 which would get the application to the Service Center within the two year date for my daughter (3/2/07 to 3/2/09).

Well, the post office screwed up and the I-751 wasn't delivered until Wednesday 3/4 - go figure!

Yesterday morning the $545 check was cashed by the Vermont Service Center-

My questions are -

1) Do I hire a lawyer right now to protect ourselves - I just do not have a good feeling about this since the Vermont Service Center received the I-751 after the cut-off date even though it was mailed in time (actually the 3rd mailing to them)

2) Do I wait a week more and see if the 1 year conditional resident status letter comes and if it does not then hire a lawyer -

3) If the conditional status letter comes do I still hire a lawyer given the fact that USCIS has totally screwed this I-751 up and why should they change now?

The congressman's representative said to notify her when the one year extension letter comes so she can have it "congressionally tagged".

I am totally pissed off and of course scared!

I have tried to do everything by the book and am totally frustrated -

What would you all do ?

Thanks,

Paul

[Dakine 26]

I need some help on an I-751 problem that I am having with my wife and step-daughter.

In the summer of 2006 my future wife and step-daughter came from Ukraine on a K-1/K-2 visa - we married in August, 2006 and went through and got approved all the necessary forms, paperwork, appointments etc.

This January I mailed in the I-751 (single copy since my step-daughter came in the US at the same time as my wife) with Part 5 filled out. I sent in one check for the application fee ($465 plus $80 biometric fee for each of them).

The I-751 was returned to me for an improper fee - I then mailed the I-751 back with a 2 separate checks - one for $545 and one for $80.

Three weeks ago the $545 check was cashed, we received the one year extension for my wife and the biometric appointment for her was set up.

The next week (two weeks ago) we received a letter from USCIS that my step-daughter cannot be included in a joint petition filed by the parent since my step-daughter did not acquire conditional resident status concurrently with her mother - complete hogwash - copies of the passports with date of entry was enclosed with the I-751.

Going back and taking a look at the notice dates when my wife and step-daughter got their green cards - my wife's date was 3/7/07 and my step-daughter's date was 3/2/07 -

I called Immigration and was told to go to the local office and have them fix the problem - well, the two year time limit was due to expire and I couldn't make it to the Norfolk, VA office in time-

I called my local congressman's office and spoke with the immigration specialist - my daughter's file was in Colorado and my wife's file was in Vermont - after several days the immigration specialist from the congressman's office said that my daughter's application (green card) was processed before my wife's - as evidenced by the Notice Date of 3/2/07 for my daughter and 3/7/07 for my wife.

The congressman's office suggested I send in another I-751 just for my daughter this time - I prepared another I-751 for my daughter on 2/26/08 and attached a check for $545.00 with that application.

I took the envelope to the USPS on Friday morning 2/27/08 and purchased Express mail overnight to the Vermont Service Center - delivery was guaranteed by 3 PM Saturday 2/28/08 which would get the application to the Service Center within the two year date for my daughter (3/2/07 to 3/2/09).

Well, the post office screwed up and the I-751 wasn't delivered until Wednesday 3/4 - go figure!

Yesterday morning the $545 check was cashed by the Vermont Service Center-

My questions are -

1) Do I hire a lawyer right now to protect ourselves - I just do not have a good feeling about this since the Vermont Service Center received the I-751 after the cut-off date even though it was mailed in time (actually the 3rd mailing to them)

2) Do I wait a week more and see if the 1 year conditional resident status letter comes and if it does not then hire a lawyer -

3) If the conditional status letter comes do I still hire a lawyer given the fact that USCIS has totally screwed this I-751 up and why should they change now?

The congressman's representative said to notify her when the one year extension letter comes so she can have it "congressionally tagged".

I am totally pissed off and of course scared!

I have tried to do everything by the book and am totally frustrated -

What would you all do ?

Thanks,

Paul

I had a simliar situation with my adopted step daughter. Took a bit of communication by my senators immigration specialist but she managed to get things squared away. I doubt if a lawyer can help. My senators specialist has a "pipe line" to someone inside USCIS that gets FAST action.

If yours has similiar ties I'd stick with them.

Edited March 9, 2009 by Haole