my form I-90 is denied because i didnt file form I-751to remove my codition

[Dyna 0]

hey guys! i need help.i entered the U.S through engagement and we got married in U.S (my wife is a US citizen). i got my 2 years Green Card, its gonna expire on August 26, 2012. so on February 17, 2012 i filed form I-90 to replace my Green Card (i didnt know that i have to remove the condition from my permanent resident). but on April 29,2012 they sent me a Notice of requirement to file joint petition to remove the conditional basis of an alien's permanent resident status. right now while im collecting all the evidents to file with the form I-751 to remove my condition,on May 02, 2012 i got another mail from USCIS saying that my case (I-90 replace permanent resident card)has been denied because i didnt file form I-751 to remove my condition. so they want me to file a motion(form I-290B) to reopen or reconsider an adverse decision(they said they do not provide for an appeal to this decision). so my questions are

what is the different from appeal and motion?

should i send them the form I-751 first and then send them the form I-290B later?

or what should i do because my Green Card expiration date is coming up.

[Kathryn41 3,205]

You are not eligible to file an I-90 so there is no reason to file a motion to re-open it. I suspect that might be standard wording that is on the denial letter for those who may want to challenge the decision.

Your green card is a conditional green card. The condition is that before you are eligible to receive a 10 year green card, you have to prove that you have a valid marriage and did not get married only to get the immigration benefits. So, you need to file the I-751. Forget the I-290B - you weren't eligible to file the I-90 to begin with so they cannot change the denial..

Make sure you file the I-751 during the 90 days before your green card actually expires. You don't have to file it right at the 90 day mark, but you want to make sure that they have it and it is complete before your 2 year green card does expire. When they receive your petition and all of its accompanying evidence, they will send you a receipt letter. This letter will include a statement that your current green card status is extended for 1 year. You need to carry a copy of that letter with your green card as they now 'work' together. The letter means that your green card is still valid for work and travel purposes.

When you get your 10 year green card, you actually become a permanent resident. That means your status does not expire in 10 years, but your proof of that status expires. You would file an I-90 to apply for new proof of your PR status when your 10 year card expires. If you lose your 10 year green card, you would also use the I-90 to file for a replacement card. Of course, if you apply for US citizenship when you are eligible (after 3 years as a permanent resident married to a US citizen), you won't have to file an I-90 at all.

[Dyna 0]

when am i suppose to know that my status is a under condition?, i mean didn't know it until they sent me the Notice on April 29,2012. if they have to send that letter to inform the petitioner, then there is no reason that they denied my case, because the petitioner doesn't know. right?

[Little_My 464]

You should have been aware of this when you first applied for your GC. If the couple has been married for less than 2 years at the time of the first GC application being adjudicated, the first greencard issued is conditional for 2 years. This is standard procedure, and has nothing to do with the details of a particular case. The only relevant issue is the length of the marriage at the time of the application. When I got my greencard, the welcome letter that came along with it clearly explained all this and noted that I would have to get the conditions removed by filing ROC before the current GC expires. Also, as the foreigner, you are expected to be aware of the rules and regulations relevant to your current immigration status, and to be on top of your personal situation. The information is all easily available to you.

Listen to what Kathryn said - just make sure you file the ROC paperwork before your current GC expires. The I-90 is not relevant to your situation.

[VanessaTony 3,567]

when am i suppose to know that my status is a under condition?, i mean didn't know it until they sent me the Notice on April 29,2012. if they have to send that letter to inform the petitioner, then there is no reason that they denied my case, because the petitioner doesn't know. right?

It says it on the GC approval notice "Your new card will expire 2 years... by law your status is conditional, and you must apply to remove conditions before your card expires". This I the perfect example of why you should read absolutely everything that you get from immigration.

You wasted the $450 for the I-90. Ignore the denial because you have no need to refile. That paperwork was just a waste. Send the fee and paperwork for the I-751 when you window opens. You need to read up on the process. Your card expires August 26 ,2012. If you are still married to your USC petitioner you file sometime in the 90 days before your GC expires, and no sooner or it will be rejected. For you this is MAY 28, 2012. If you are divorced from your USC petitioner you need to file immediately.

[Dyna 0]

so it is clearly my fault, i wasn't aware of these stuff. so are they gonna change the denial when they got my evidents along with the form I-751?

[VanessaTony 3,567]

so it is clearly my fault, i wasn't aware of these stuff. so are they gonna change the denial when they got my evidents along with the form I-751?

No. The denial for the I-90 is COMPLETELY irrelevant. It's like you filed for a fishing licence in Timbuktu, that's how relevant it is to you. It was a form you shouldn't have filed, and were completely wrong to file. The denial is irrelevant because it was the wrong form, it was the wrong process. Forget about it. It does NOT negatively affect your resident status.

File the I-751, THAT is what matters. If you're married to your USC you can't file until May 28 anyway, if you're divorce file ASAP.

Edited May 6, 2012 by Vanessa&Tony

[Kathryn41 3,205]

This appears to be a situation where you or your spouse did not do enough research first. US Legislation states that all foreigners who are married to US citizens for less than 2 years when they receive their green card are only eligible to receive a 2 year conditional greencard and must file to remove those conditions before they can receive a 10 year green card.. That means that all fiancees who enter the US to marry a US citizen and apply for a green card receive a 2 year conditional green card only. (The only time this isn't the case is if the couple fails to file for a green card until after they have been married for 2 years. Then, they cannot file based on the K-1 visa anymore but must use an I-130 petition in its place). Sometimes USCIS does send out a notice to people who hold 2 year green cards that they have to file to remove conditions, but many times they don't. Regardless, you should have received a notification that came with your green card advising you that it was conditional and that you needed to apply to remove those conditions during the 90 days before the 2 year period expired.

Here is the legislation involved: http://www.uscis.gov....html#0-0-0-469 - look under b)

Whether or not you get approved for your ten year green card is up to you. USCIS' decision will be based upon the evidence that you submit with your I-751 application proving that you and your wife have combined your personal, financial and social lives together and are living and presenting yourselves to the world as a married couple. Read over some of the other posts that people have made showing the type of documentary evidence they have included. The I-751 form itself gives you a good list of what you should include. Make sure you include documents from all stages of your marriage - the beginning up until now because you want to show a continuity.

Good luck.

Edited May 6, 2012 by Kathryn41

[Dyna 0]

ill send out the form I-751 ASAP after i have collected all the evidents and witness statement. so just to make sure , i don't need to reapply form I-90 again, do i?

[wasabi 4]

ill send out the form I-751 ASAP after i have collected all the evidents and witness statement. so just to make sure , i don't need to reapply form I-90 again, do i?

NO not ASAP. Wait til May 26 for the 90 day window (based on the dates you posted) to file the I 751. Do not file I-90. You should not have filed it in the first place so why would you refile it? It sounds like you may want to get a lawyer if you don't understand the filing requirements.

[amuna0526 11]

no you dont. You only apply for the I-751 Removal of Conditions as you are a conditional resident CR1 visa. The I-90 is for permanent residents renewing their green card every 10 years.

It has nothing to do with you as of yet... Dont worry about it. Right now you should focus on the I-751. Submit evidences tax transcripts taxes you filed together from the day you married til now, lease agreement showing you live together and that both names are on the agreement, bank statements showing you both share the account if you do, birth certificates of children born from this marriage, joint car or health insurance policies,pics, affidavits sworn by two people or more attesting to your relationship could be notarized, and dont forget to include a copy of your green card FRONT AND BACK copies. The filing fee is $590 for the I-751 which includes biometrics.

[Dyna 0]

Why do I have to wait until 90 days before my

Green card expire? Sorry I don't get this point.

[Anh map 2,098]

Why do I have to wait until 90 days before my

Green card expire? Sorry I don't get this point.

Because that is the rule. If you read the I-751 instructions (page 1) it tells you that the earliest you can file is 90 before the expiration of your GC. (And 90 days is not the same as 3 months, Vanessa gave you the earliest date that you can submit the petition)

Take some time and educate yourself about this. It is important. You've already wasted a few hundred dollars by being uninformed.

[Dyna 0]

Ok guys ! Thank you for your help I appreciate it, it's my fault , I should have been more aware on these .thanks alot

[Harpa Timsah 13,258]

when am i suppose to know that my status is a under condition?, i mean didn't know it until they sent me the Notice on April 29,2012. if they have to send that letter to inform the petitioner, then there is no reason that they denied my case, because the petitioner doesn't know. right?

It says in the I-90 instructions that conditional permanent residents who obtained their status through marriage are not eligible to file I-90 to extend their status and then explains that these people must use I-751.