Filed the wrong form!

[Secret_S 0]

Hey everybody!

I'm sure im not the first or last one the did the same thing, but I filed for the wrong form. On June 10th my green card expired (based on marriage that i got for 2 years) ...In April I filed for I 90, thinking this is what i have to file for. I paid $450, got my receipt in the mail, then i get my biometrics appt, I go and do that on June 23rd, the lady at my biometrics says, ok we will send you the new card in the mail. So thinking i got it all done, after 3 months of waiting for my card i called USCIS twice why its taking so long, they said is just processing time and i have to wait longer. And then I just got mail yesterday saying i was denied, because I filed for the wrong form! PERFECT! This is really what i need right now... :/ So anyways, I know they wont give my money back but I'm planing to file the right form soon as possible( soon as i get my money), with an explanation why im filing after my green card expired, but my question is if they going to make it complicated for me?? Me and my husband are still married (lets say they sent me a denial letter on our 4th year anniversary LOL), we have 2 children.

Please, any advice would help, I'm kinda freaking out, is it possible that they deny me again because im late??

Thank you!!

[CC90 90]

They have some discretion as to how they excuse your late filing of the I-751. I would be optimistic about your excuse--just submit all relevant documentation. Do it ASAP--like right now.

[Deputy Purple 1,294]

I wouldn't wait any longer than possible, you are now out of status as your LPR Status does expire with the conditional Greencard. When you do file include copies of the NOA1, NOA2 and Denial Notice for the I-90 to back-up your reason for the late filing.

[Secret_S 0]

Thanks!!

I have this lady that will help me out (thats what she does-immigration papers), she will help me put it all together and the right way. She said I was suppose to get a notice in the mail before my green card expired, that its time to remove the conditions or whatsoever, but i didnt not get anything. I'm assuming, it is because we moved after i got my "papers" 2 years ago. So if they sent anything it was to my old adress. :/

[milimelo 4,565]

Thanks!!

I have this lady that will help me out (thats what she does-immigration papers), she will help me put it all together and the right way. She said I was suppose to get a notice in the mail before my green card expired, that its time to remove the conditions or whatsoever, but i didnt not get anything. I'm assuming, it is because we moved after i got my "papers" 2 years ago. So if they sent anything it was to my old adress. :/

Yes, it goes to the last address they have on record for you - even if you did the AR-11 and I-865 for husband as your sponsor, it will still go to the old address.

Make sure to include form G-1145 (free) to track the status of your new case.

[Diazy 10]

Yes, it goes to the last address they have on record for you - even if you did the AR-11 and I-865 for husband as your sponsor, it will still go to the old address.

Make sure to include form G-1145 (free) to track the status of your new case.

You shouldn't file G1145 with your ROC package since ROC doesn't go to the USCIS Lockbox facility.

[angus28 7]

You shouldn't file G1145 with your ROC package since ROC doesn't go to the USCIS Lockbox facility.

That is correct, please read the instruction of G-1145, I think people get confused by the word "lockbox facility" because CSC and VSC have lockbox facilities, but the instruction clearly says " Please note that only those forms that are currently accepted at one of the three USCIS Lockbox facilities located in Chicago, Phoenix, and Lewisville, TX., provide you with the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition."

So please, read the instructions carefully....

Edited August 30, 2011 by angus28

[DrVS 10]

I doubt they'll have leniency in this case. If you open instructions for Form I-90, the very first section on the first page is "What is the purpose of this form?" In that section there is a word NOTE in capital bold letters, where it says: "Conditional permanent residents who obtained such status through marriage <...> must not use Form I-90". I don't think after a warning like that USCIS will accept "I didn't know" explanation.

However, if they already started deportation proceedings against the OP, not all is lost. The case will go to the immigration judge and OP will probably get her conditions removed through court order. Even if that fails, OP's husband can always sponsor his wife for GC again.

[Glyn and Kathy 288]

I doubt they'll have leniency in this case. If you open instructions for Form I-90, the very first section on the first page is "What is the purpose of this form?" In that section there is a word NOTE in capital bold letters, where it says: "Conditional permanent residents who obtained such status through marriage <...> must not use Form I-90". I don't think after a warning like that USCIS will accept "I didn't know" explanation.

However, if they already started deportation proceedings against the OP, not all is lost. The case will go to the immigration judge and OP will probably get her conditions removed through court order. Even if that fails, OP's husband can always sponsor his wife for GC again.

I don't agree with you, sorry. They attempted to file...granted, they didn't file correctly, but they did attempt to file and they have proof that they attempted. We're all human, and we all make mistakes. I am sure if they explain it carefully enough with a cover letter and include proof that they attempted to file, they will be forgiven.

OP file ASAP and include a letter explaining what you did wrong and apologize...admitting that you made an error. Include with that letter, any proof you have (probably including the denial) of filing the I 90. I'm sure you're not the first person NOT to read the guide.

Good Luck!

[Secret_S 0]

Thank you guys for all the comments...

I dont get it why would they start deportation process agains me?? Like "Glyn and Katy" said....i attempted to file i just did it wrong...honestly...i read the whole thing, but i did not understand what removing conditions means i just thought it had nothing to with me....so i went ahead and filed I 90. I guess i should have researched more before i decided to waste $450 and put myself in this position. But this really sux Im putting all my paper work together and sending it asap....

[DrVS 10]

I dont get it why would they start deportation process agains me??

This is not done because USCIS is evil and wants to punish or hurt you. Deportation proceedings will be initiated against anybody who failed to file I-751 by certain date. I think they give you some grace period (I am not sure how long though), and not just start them on the expiration date of your 2 year GC. If you don't file I-751 your permanent residence is considered abandoned and by law they must start deportation proceedings. This is an automated process, and the computer does not even know about your I-90.

I wish the best of luck to you. I didn't try to scare you in my first post in this thread. Quite opposite, I tried to assure you that although the process might get long and costly, ultimately you will get your green card one way or another.

Edited August 31, 2011 by DrVS

[Brother Hesekiel 2,236]

DrVS is correct.

Initiating deportation proceedings doesn't mean that ICE will kick in your door and take you away in handcuffs. It only means that after a certain period the computer will tag your A number and the system will consider your residency abandoned. What follows is a date in front of an immigration judge where you can all sort this out. You will not be deported as you are eligible for AOS (again) but you will have to deal with the inconvenience associated with not following the procedures several hundred thousand people have to follow every year, and do.

[On-Queue 3]

Thank you guys for all the comments...

I dont get it why would they start deportation process agains me?? Like "Glyn and Katy" said....i attempted to file i just did it wrong...honestly...i read the whole thing, but i did not understand what removing conditions means i just thought it had nothing to with me....so i went ahead and filed I 90. I guess i should have researched more before i decided to waste $450 and put myself in this position. But this really sux Im putting all my paper work together and sending it asap....

Don't be bothered by the "wrong" comments here. Just gather all documents you have and re-submit the application with the correct form.

Somehow it's their fault too. They should have denied your application right away if it was the wrong form; provided that your documentations supports ROC like expiring 2 year green card, etc. Your case supports consideration so just correct the problem and you are good to go...

Edited August 31, 2011 by On-Queue

[trillium13 84]

Somehow it's their fault too. They should have denied your application right away if it was the wrong form;

It's not up to USCIS to determine whether you filed the right form or not. They have plenty to do without babysitting people. It's up to the individual involved to do their own research and follow instructions correctly. This is in no way the fault of USCIS.

[Secret_S 0]

This is not done because USCIS is evil and wants to punish or hurt you. Deportation proceedings will be initiated against anybody who failed to file I-751 by certain date. I think they give you some grace period (I am not sure how long though), and not just start them on the expiration date of your 2 year GC. If you don't file I-751 your permanent residence is considered abandoned and by law they must start deportation proceedings. This is an automated process, and the computer does not even know about your I-90.

I wish the best of luck to you. I didn't try to scare you in my first post in this thread. Quite opposite, I tried to assure you that although the process might get long and costly, ultimately you will get your green card one way or another.

hahah aalright I feel better lol...

I just today sent all my documentation and money order so hopefully the process goes by fast and smooth Crossing fingers!!

And thanks yall for "help"!!