I-90 denied

[gringoconmexicana 2]

According to a USCIS E-mail, my wife was denied yesterday on her I-90 request, asking the USCIS to send a card to replace the card they lost. I need to file the I-751 for her really quick. Yet, one of the requirements for the I-751 application is to send in a copy of the conditional resident card, which we never received and, apparently, never will receive.

I didn't get a chance today to call the USCIS 800 number, but, based on the myriad of contradictory directions they have given me in the past, I doubt it will help. Does anybody know what I should do? I really don't want to send in the I-751 and all that dough, which I had to beg for from family and friends, and get denied.

[Jupiter07 12]

Why was I-90 denied?

[gringoconmexicana 2]

Why was I-90 denied?

I don't know. I haven't received the letter. I only got the E-mail, which only told me it was denied.

[dolphin1 5]

Did you send the I-90 fee?

[gringoconmexicana 2]

Did you send the I-90 fee?

No, I checked box B, for having never received the card. There is no fee associated with box B.

None of that matters though. I need to send in the I-751. I just wondered if anybody had applied for it without a copy of a green card.

Basically, if I send in the I-751 and get denied, I'm declaring bankruptcy and getting out of this country. I'm only here because my wife wants to live here at this point. And I'm a U.S. citizen.

[milimelo 4,481]

No, I checked box B, for having never received the card. There is no fee associated with box B.

None of that matters though. I need to send in the I-751. I just wondered if anybody had applied for it without a copy of a green card.

Basically, if I send in the I-751 and get denied, I'm declaring bankruptcy and getting out of this country. I'm only here because my wife wants to live here at this point. And I'm a U.S. citizen.

Received an approval email on your Adjustment of Status and/or I-551 stamp in wife's passport? That's your proof of residency. Send that in with an explanation letter for I-751.

Why did you wait for close to two years on the green card to arrive? Should've involved your representative (congressman, senator) a long time ago.

Also, why do you think you'd get denied? There's a list of evidence they want to see, all you have to do is fill out the I-751 form, both of you sign, provide the evidence they want and then wait.

[rika60607 215]

Been there, done that.

They denied you for not including the fee. They consider that it is not their fault that you never received it. They mailed it. It is lost. You must pay.

Milimelo was in that situation and she protested and she was able to get replacement card for free.

All that does not matter though.

You could make an Infopass and ask for a I-551 stamp in the passport. That is as good as GC.

I removed conditions with I-551 stamp in place of a conditional GC, which I never received.

No, I checked box B, for having never received the card. There is no fee associated with box B.

None of that matters though. I need to send in the I-751. I just wondered if anybody had applied for it without a copy of a green card.

Basically, if I send in the I-751 and get denied, I'm declaring bankruptcy and getting out of this country. I'm only here because my wife wants to live here at this point. And I'm a U.S. citizen.

[YuAndDan 153]

Claiming lost in mail a month or so after AOS approval, or entry to USA on a CR-1 is one thing and plausible, however making this claim nearly 2 years later is another, and USCIS will simply assume the card holder lost it.

As others said I-551 stamp in passport should be sufficient, if it has expired I would schedule an Info pass appointment and get another updated stamp in passport.

[dolphin1 5]

No, I checked box B, for having never received the card. There is no fee associated with box B.

None of that matters though. I need to send in the I-751. I just wondered if anybody had applied for it without a copy of a green card.

Basically, if I send in the I-751 and get denied, I'm declaring bankruptcy and getting out of this country. I'm only here because my wife wants to live here at this point. And I'm a U.S. citizen.

You dont pay the fee if they made an error in your green card, like what happend to me. Otherwise, you have to pay even if you didnt receive the card, they see it as your fault, do like the guys said and get I-551 stamp, make a copy of it and send it with the I-751.

[gringoconmexicana 2]

Thanks for the replies, guys. I got what I needed to know. I don't need the greencard copies to file the I-571. I've verified this with a Senator's representative and an immigration ombudsman. It's contrary to what a USCIS officer told me, but we all know the way our shoestrings lie in the morning can tell us more about USCIS rules than anybody who actually works at the USCIS could.

As far as the rest, I've been fighting the USCIS for about 3 years now, from K-1, to entry point, to I-485, to work approval, to travel approval, to I-90, to stamp, to I-90, to stamp, to I-90, to I-90. Been in contact with the Senator's office and Rep's office, gone in on many infopasses, and have filed that I-90 every which way but loose and have been denied or rejected every time.

[Minya's wife 25]

Has your senator's office, been able to offer any insight as to why your I-90 keeps being denied, and why you're having to 'fight' so hard?

[Brother Hesekiel 2,236]

The way I understand your post(s), you have never received your wife's 2-year Green Card, yet when you submitted the I-90, USCIS informed you that you have to file for ROC?

[YuAndDan 153]

Here's the deal, the OP has sent I-90 several times WITHOUT payment of fee citing never received green-card as in lost in mail. It is hard to prove lost in mail, so USCIS is treating the green-card holder as having lost the card.

In order to replace a lost card you need to pay a FEE.

[gringoconmexicana 2]

Here's the deal, the OP has sent I-90 several times WITHOUT payment of fee citing never received green-card as in lost in mail. It is hard to prove lost in mail, so USCIS is treating the green-card holder as having lost the card.

In order to replace a lost card you need to pay a FEE.

I actually have proof of it. The USCIS sent me a letter saying they concluded it was lost in the mail. Prior to that, they sent me an E-mail saying they had sent me a letter that was returned to them. Within the letter regarding my wife's card being lost in the mail, the agency blames me for not filing an AR-11. But I did file AR-11s. And I have proof that, not only did I file the AR-11 and allign it with the application in process, but that I filed the AR-11 yet again, having done so the 2nd time after receiving the E-mail about the letter that was returned to the USCIS. In both cases, I filed the AR-11 more than a month before the application was sent.

I actually filed it a few ways, one was that I never received it, the other that it was lost. Those are 2 different boxes.

There was no way I was going to fork over $300 plus to request a new resident card, then rely on them sending me a new one to the correct address. They couldn't get it right the first two times they tried sending it to me.

As far as the rep in the Senator's office, he said, that according the information I gave him, I should have no problem filing for the I-751 because I have clear evidence to show that my wife was approved for a permanent resident card. The ombudsman for the USCIS said the same thing.

The Senator's rep was the latest to help me fill out the I-90, so I'm sure he would disagree with whatever reasoning the USCIS has for denying my wife the resident card replacement. But, he said, it would be pointless to fight the I-90 situation anymore now because the I-90 would just be a request for them to send me a card, so I can make a copy of it and send it back to them along with I-751. I might as well just skip that whole situation and file the I-751.

Believe it or not, a previous I-90 that was denied was filled out according to the exact directions sent by an unnamed USCIS higher-up to my congressman, who had been in communication with the immigration official on my wife's behalf. So even the USCIS gets denied by the USCIS.

Edited December 16, 2010 by gringoconmexicana

[gringoconmexicana 2]

The way I understand your post(s), you have never received your wife's 2-year Green Card, yet when you submitted the I-90, USCIS informed you that you have to file for ROC?

More or less. The USCIS sent the request for the I-751 independent of what I was doing with the I-90.