With no two year card issued how can we file an I-751?

[Lostinamerica 0]

I've come to this board for help since those that frequent here are more knowledgable than any USCIS officer, CBP officer, or immigration authority I've ever had the extreme displeasure of speaking to. Our "Visa journey" has been a disgusting, stomach-wrenching path of enlightenment into how inept the entire system is, and how badly it needs reform. Getting to the point and to make a long story short, my wife never received her 2 year CR card and I have no idea what to expect or how to go about the next step, which is removing the conditions on her residency.

We have made multiple Infopass appointments, made multiple telephone calls, and have never been able to get a straight answer as to whether the card was even produced in the first place. We filed an I-90, to replace the card that was never mailed to us, and woe and behold, that application was denied for reasons unknown to us because the denial letter they sent to us never reached us and no one can tell us what the letter says via telephone, or at the embassy. As the months, and then long over a year went by of her not receiving a card, we essentially gave up on the entire thing. We are now coming up on removing the conditions on her residence.

All she has is her Visa stamp in her passport, long expired, which we have just recently used to re-enter the United States, since we have been living in Germany for the past couple months. Her status is "active", since we re-entered the US and the CPB officers said she is "valid", however with her lacking an actual Conditional Residence Card (I-551), I have a few questions in regards to our filing the I-751 for anyone that is knowledgeable enough to answer them:

1. What date do we go by as the 90 days prior to being granted CR status, the IV issue date on the Visa stamp in her passport, or her date of entry into the United States as a CR (a few weeks after)? USCIS instructions state to go by the expiration date of the greencard. Since we were never issued a greencard, then what am I supposed to go by?

2. The I-751 wants us to provide a copy of the original greencard with the application package. Since, as I described above, USCIS has failed to produce that for us, nor explain to us why they failed miserably to do, is my application likely to run into problems? All that we can submit as proof of her conditional residence status is her Visa (expired), which has been good enough to get her into the United States a couple times, but will it be good enough to get her the actual greencard? A USCIS supervisor on the telephone says yes, but given the system is broken, and that person knows nothing about our case, and probably just wanted to get off the telephone, how can I trust them? Is it even possible to remove the conditions without having ever been issued a (2 year) greencard? She is a legal conditional resident, but again the proof we have of that is her long expired visa.

3. Is it possible to get a 1 year extension to her visa stamp at a field office that we can use to submit with her I-751 pacakge? We have tried to get this at a field office before, and they told us it is not possible. If her status is legal and valid, why is it so difficult to get a stamp or piece of paper that proves that?

Thank you in advance to anyone who takes the time to respond to my long winded post. Any enlightenment into what I can expect would be greatly appreciated, especially from anyone that may have gone through something similar to us.

[pushbrk 13,138]

I've come to this board for help since those that frequent here are more knowledgable than any USCIS officer, CBP officer, or immigration authority I've ever had the extreme displeasure of speaking to. Our "Visa journey" has been a disgusting, stomach-wrenching path of enlightenment into how inept the entire system is, and how badly it needs reform. Getting to the point and to make a long story short, my wife never received her 2 year CR card and I have no idea what to expect or how to go about the next step, which is removing the conditions on her residency.

We have made multiple Infopass appointments, made multiple telephone calls, and have never been able to get a straight answer as to whether the card was even produced in the first place. We filed an I-90, to replace the card that was never mailed to us, and woe and behold, that application was denied for reasons unknown to us because the denial letter they sent to us never reached us and no one can tell us what the letter says via telephone, or at the embassy. As the months, and then long over a year went by of her not receiving a card, we essentially gave up on the entire thing. We are now coming up on removing the conditions on her residence.

All she has is her Visa stamp in her passport, long expired, which we have just recently used to re-enter the United States, since we have been living in Germany for the past couple months. Her status is "active", since we re-entered the US and the CPB officers said she is "valid", however with her lacking an actual Conditional Residence Card (I-551), I have a few questions in regards to our filing the I-751 for anyone that is knowledgeable enough to answer them:

1. What date do we go by as the 90 days prior to being granted CR status, the IV issue date on the Visa stamp in her passport, or her date of entry into the United States as a CR (a few weeks after)? USCIS instructions state to go by the expiration date of the greencard. Since we were never issued a greencard, then what am I supposed to go by?

2. The I-751 wants us to provide a copy of the original greencard with the application package. Since, as I described above, USCIS has failed to produce that for us, nor explain to us why they failed miserably to do, is my application likely to run into problems? All that we can submit as proof of her conditional residence status is her Visa (expired), which has been good enough to get her into the United States a couple times, but will it be good enough to get her the actual greencard? A USCIS supervisor on the telephone says yes, but given the system is broken, and that person knows nothing about our case, and probably just wanted to get off the telephone, how can I trust them? Is it even possible to remove the conditions without having ever been issued a (2 year) greencard? She is a legal conditional resident, but again the proof we have of that is her long expired visa.

3. Is it possible to get a 1 year extension to her visa stamp at a field office that we can use to submit with her I-751 pacakge? We have tried to get this at a field office before, and they told us it is not possible. If her status is legal and valid, why is it so difficult to get a stamp or piece of paper that proves that?

Thank you in advance to anyone who takes the time to respond to my long winded post. Any enlightenment into what I can expect would be greatly appreciated, especially from anyone that may have gone through something similar to us.

The date she entered the USA is when the two-year clock starts. If you just used the endorsement to enter the USA, then it sounds like she's still in the first year of residency. I would file another I-90 with no fee. Did you have a change of address at any time during the process?

[Lostinamerica 0]

The date she entered the USA is when the two-year clock starts. If you just used the endorsement to enter the USA, then it sounds like she's still in the first year of residency. I would file another I-90 with no fee. Did you have a change of address at any time during the process?

It is a bit more complicated than that. The original visa was issued in 2010, so our removal of conditions is coming up next month. She has entered and exited the US a few times and what I was referring to was the most recent entry a couple of months ago. We've changed our address several times as well due to moving.

[pushbrk 13,138]

It is a bit more complicated than that. The original visa was issued in 2010, so our removal of conditions is coming up next month. She has entered and exited the US a few times and what I was referring to was the most recent entry a couple of months ago. We've changed our address several times as well due to moving.

You file to remove conditions 21 months after the first CR1 entry. The visa issue date is not of concern. Moving, is the source of your problems. If now is when you need to file the I-751, I would file the I-90 at the same time and explain in a letter, everything you explained here. They know her status is valid and will proceed accordingly with the first step being to send you a letter extending her status one year.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion; topic is related to the ROC process.