Embassy say I-751 USCIS say I-130

[cloudbuster 0]

Hi im a US citizen im going trough this issue:

My now wife came to the US with a K-1 fiancee visa we got married and did all the paperwork.
We have a US citizen son together.
Because she was not sure of the expiration Month on the green card I told her to make an appointment using the Infopass in USCIS so she did, she when to the appointment and talked to the Officer he look at her card and told her the expiration Month was October.

So after all that in March she flew out of Texas heading to Peru. In May on the airport in Peru they told her the card is expired so she and my son have to stay in Peru. Next day I called USCIS and told the 1^st person than answer the phone the situation she transfer me to an Officer. Explained my situation He say she need to file at the Embassy in Lima I-90 with the receipt she can leave the country. I believe I forgot to tell him she is a conditional residence.

Next day she when to the Embassy and they told her that I needed to file I-751 and with the letter receipt that USCIS would send me I would have to mail that to her and the Embassy would give her a pass or something like that to be able to leave. This same day I called again USCIS talked to another Officer this time she say I need to file I-130 and start all over again the process.

This sound insane now we are at fault but in 1^st place we did the right thing she headed to the local USCIS to confirm the expiration on her Green card and she was told October. But the Officer read the days wrong, the expiration was January. So we were waiting until July to file the removal of condition since it have to be done in the 90 day window.

Now what to do she was told at the Embassy Lima to tell me to file the I-751 but the same day the USCIS Officer told me to file I-130 not the I-751.

Thanks for your time reading my case.

[Harpa Timsah 13,258]

The GC has an expiration date right on there. Can your wife read? Because there is nothing to interpret. The expiration date is right there. On the card.

But anyway. Her Conditional GC is now expired and she is abroad. Since she failed to file to remove conditions her LPR status has been revoked. But , you can file I-751 late if you attach a letter explaining the reason for late filing. If your explanation is accepted, then you will get a letter that extends the validity of her GC and she can come home.

If your reason is not accepted, then you will have to start over with a new spousal visa, started by filing a I-130 petition from scratch.

I posted the law and a link to it in this thread. http://www.visajourney.com/forums/topic/428522-forgot-to-remove-condition-on-my-permanent-resident-card/

Edited May 7, 2013 by Harpa Timsah

[cloudbuster 0]

Yes we can read like I said she got an info pass just to make sure the expiration month the USCIS officer told her October.

That why we don't file on time waiting until August or so for the 90 day window for the October month she was told.

I'm just not happy I dont know the officer that told her that. Do they have any record on when you go to a info pass appointment. In the USCIS local office.

[cloudbuster 0]

Moderators feel free to delete this topic as I updated it on the right place.

http://www.visajourney.com/forums/topic/429248-embassy-say-751-uscis-say-130-remove-condition/