i-90 Instead of i-751: Did I Flush $900?

[Laure&Colin 558]

Thanks to Robby for the info link.

Hi Laure/Colin-- I mailed a letter to the Arizona lockbox between 3 and 4 weeks ago, as per the instructions of the USCIS phone rep. She told me that she was typing up an internal request to cancel the I-90 submissions and to ask for the $$ to be refunded, and then she instructed me as to what info I should include in my letter to the Arizona address.

At your InfoPass appointment, was the fact that you selected non-related questions to procure the meeting any sort of a problem? If I'm understanding correctly, I will make the InfoPass appointment online, and they will issue a date and time for me to present myself at the local office...? I seem to be confused as to whether these appointments are done online, or actually in person.

Thanks!

PS--Researching the erroneous I-90 "cases" on the USCIS website now, I see that it does show each of the two (wife & daughter) as being active/pending...

No, it wasn't brought up. I think I just chose "other services"

I just took a look at the Infopass website: whatever option you choose, they let you make an appointment in the end, if you were not able to find answers through their website. Just do that and don't worry. You really need to talk to someone in person.

The appointment is made online, you will be given a choice of the next available time slots and will need to select one.

They might still be processing your cancellation request - 3 to 4 weeks is not that long in USCIS time. When you meet with someone at the USCIS office they should be able to tell you.

[canada_socks 97]

Hello--

The category listed is CF1 for both my wife and her daughter/my stepdaughter. Maybe the fine print in the paperwork two years ago mentioned "conditional" somewhere--I have no idea--but if the "c" in "CF1" is supposed to tip me off that our cards with banners that state "UNITED STATES OF AMERICA PERMANENT RESIDENT" across the top are actually only conditional permanent resident cards, then I'm thinking they need to be made a hell of a lot clearer.

As I mentioned in the previous missive, I'm not here to get into an internet war with anyone over this: I'm trying to figure out how to proceed going forward and I'm hoping that some other weary soul who has similarly been put through the wringer by this long & laborious process will kindly share a bit of insight. The InfoPass looks like an excellent idea, but the USCIS website lists very specific situations whereby they will accept appointments under InfoPass. The closest to my situation of "Unable to Cancel Incorrectly Filed Form/Submitted Huge Chunk of My Monthly Salary Erroneously & Request Refund" seems to be "Case Services Follow-Up," whereby 45 days need to have elapsed since having contacted NCSC with no response. I'm a bit leery of putting myself even further behind the 8-ball by making an erroneous appointment for having filed an erroneous form. Anyone been through this and have advice...?

Thanks in advance. Aside from being livid at gifting $900 to this agency, I'm nervous that these "pending" I-90 cases are going to affect our I-751 applications.

It actually states in your approval letter that you get prior to receiving your permanent resident card that you have to file to remove conditions within 90 days before expiration.

[sulhaq 60]

The people at the USCIS office or lockbox who received the I90 applications, however, should have rejected them based on this category. It looks like even they had no clue, since they accepted them and cashed the check...

They can't reject an application that has been specifically filed. People actually do correctly file Form I-90 you know. People who have lost their conditional resident card can file I-90 to get it replaced if within the two year window but not within the 90 day window to file for ROC.

Edited May 1, 2014 by sulhaq

[Messybrownhair 251]

Sorry for your costly mistake. They will probably not refund but just assume that you are trying to replace your original GC to process your ROC. I can see why these would get confusing, and I notice people make this mistake often. The I-90 form does have a caveat for it, but I guess the word "conditional" threw you off. Not making excuses for you. Count it as a loss and move on, maybe try a hand of poker or two at a casino and win your 1000 back

[Harpa Timsah 13,258]

Yes, you wasted that money, unfortunately.

As was shown above, there is a BIG warning on the top of the I-90 form instructions.

You don't need to know secret codes on your card or anything. It is printed there, plain as day, in bold type.

[Every-Mann 1]

We are going around in circles. I *saw* the big warning on top of the I-90 that says, "You need to file an I-751 if you have a 2-year CONDITIONAL RESIDENCY card that is set to expire." I looked at our two cards and I did not see the word "CONDITIONAL" anywhere on them; front or back. Maybe many of you feel differently, but it seems completely logical to me that a CONDITIONAL RESIDENCY CARD should state CONDITIONAL RESIDENCY CARD on it at least once. Somewhere.

How is it fair that they keep my money that they knowingly understand has been filed incorrectly? In Somalia, maybe.

[Dukester 2]

Hello--

The "rules" about not refunding money are about the only thing that has been clear in this entire 47-step process that seems to be as confusing, tedious, and ambivalent as possible by design. I'm not a conspiracy theory person or an anti-powers-that-be person, but I'm not sure how comfortable I feel with the government saying, "you screwed up and we know you screwed up by submitting the wrong form at first, but we are keeping your free money anyway."

[Dukester 2]

I very much doubt that you will get a refund. You just did not submit the wrong form but you were applying for a different benefit/apllication.

The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.

Link - http://www.dhs.gov/uscis-refunds-how-process-working-you-questions-cis-ombudsmans-teleconference-january-31-2008

[Sandra G. 5,048]

USCIS won't refund the $900.00 AT ALL,it was your mistake.The correct form is I751.

Edited May 1, 2014 by sandranj

[Harpa Timsah 13,258]

We are going around in circles. I *saw* the big warning on top of the I-90 that says, "You need to file an I-751 if you have a 2-year CONDITIONAL RESIDENCY card that is set to expire." I looked at our two cards and I did not see the word "CONDITIONAL" anywhere on them; front or back. Maybe many of you feel differently, but it seems completely logical to me that a CONDITIONAL RESIDENCY CARD should state CONDITIONAL RESIDENCY CARD on it at least once. Somewhere.

How is it fair that they keep my money that they knowingly understand has been filed incorrectly? In Somalia, maybe.

The "How to Renew a Greencard" page is here. http://www.uscis.gov/green-card/after-green-card-granted/renew-green-card

It says on it,

When to Renew a Green Card

You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months.

Note: If you are a conditional resident and your status is expiring, these instructions do not apply to you. In that case, you must use Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status. For more information, see our Conditional Permanent Residence webpage.

If you click on the "Conditional Permanent Residence" webpage for more information, it defines it for you. It says:

A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

Then, you can click on the Conditional PR based on marriage link, which explains even further:

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

A Conditional Resident has all the rights and responsibilities of a non-conditional resident, and both are considered Permanent Residents. The difference is that the two renew their cards differently.

Edited May 1, 2014 by Harpa Timsah

[NancyNguyen 1,657]

In USCIS point of view: You filed I-90 -> you need a replacement for your conditional card (lost or misplaced somewhere.) If I-90 goes through (processing time is 5 months currently), you will receive a brand new Conditional GC. There is no excuse like "Oh I found my lost card, can I get money back please?" They can even assume "wow that guy found his lost card now he excuses that he made a mistake with forms to get the money back." No refund at all.

There is no time to cry about it anymore, you should go ahead with your I-751 before it is too late.

[Every-Mann 1]

I have an appointment to speak with my local office next week, and I thank those of you who have suggested the InfoPass route.

Last time I shall respond on this. If they are calling it a CONDITIONAL RESIDENCY CARD then it should say CONDITIONAL RESIDENCY CARD on it. Period. I sense that some of you like sleuthing out what is & what isn't required in this poorly-organized system, and further enjoy the camaraderie of the Visa Journey and the process of posting the progress of your particular cases. That's quite naturally your prerogative and it's perfectly fine. For me, however, I detest everything about dancing with these zombie-shaped USCIS forms on top of forms for years on end. There's absolutely no reason that this whole business should be dragging on for 4+ years, and there is no excuse for the process being so repetitive and tedious.

I have no doubt the fine print two years ago said that we'd need to file a petition for conditional residency removal two years from now and that I'm guilty of having a poor memory. My point is that there shouldn't even be a gray area and the cards should say CONDITIONAL on them if that's what they're calling them. The I-90 instructions--as of a few months ago, at least--outlined a set of lettered circumstances A through H, whereby any of them that are applicable indicate the need to submit the I-90. Letter "F" stated that a Permanent Resident Card expiring within 6 months requires an I-90. Permanent Resident cards? Check. Expiring in 6 months? Check. That's us. I saw the "Use I-751 for 2-year Conditional Residency," yes, but we were granted US entry, got married within the prescribed timeframe, and then at last received the "permanent resident" cards some 11 or 12 months after submitting the marriage certificate and a small tome of other documents to the USCIS. A "petition to remove conditions" two years later...? Huh?

Humor yourselves and google "filed i-90 instead of i-751"and check out all the examples of other confused applicants that come up. You can cite whatever corners of the USCIS website that you'd like, but you will not be able to convince me that this Conditional Residency business is anywhere even approaching straightforward.

[Avery Cates 1,141]

I have an appointment to speak with my local office next week, and I thank those of you who have suggested the InfoPass route.

Last time I shall respond on this. If they are calling it a CONDITIONAL RESIDENCY CARD then it should say CONDITIONAL RESIDENCY CARD on it. Period. I sense that some of you like sleuthing out what is & what isn't required in this poorly-organized system, and further enjoy the camaraderie of the Visa Journey and the process of posting the progress of your particular cases. That's quite naturally your prerogative and it's perfectly fine. For me, however, I detest everything about dancing with these zombie-shaped USCIS forms on top of forms for years on end. There's absolutely no reason that this whole business should be dragging on for 4+ years, and there is no excuse for the process being so repetitive and tedious.

I have no doubt the fine print two years ago said that we'd need to file a petition for conditional residency removal two years from now and that I'm guilty of having a poor memory. My point is that there shouldn't even be a gray area and the cards should say CONDITIONAL on them if that's what they're calling them. The I-90 instructions--as of a few months ago, at least--outlined a set of lettered circumstances A through H, whereby any of them that are applicable indicate the need to submit the I-90. Letter "F" stated that a Permanent Resident Card expiring within 6 months requires an I-90. Permanent Resident cards? Check. Expiring in 6 months? Check. That's us. I saw the "Use I-751 for 2-year Conditional Residency," yes, but we were granted US entry, got married within the prescribed timeframe, and then at last received the "permanent resident" cards some 11 or 12 months after submitting the marriage certificate and a small tome of other documents to the USCIS. A "petition to remove conditions" two years later...? Huh?

Humor yourselves and google "filed i-90 instead of i-751"and check out all the examples of other confused applicants that come up. You can cite whatever corners of the USCIS website that you'd like, but you will not be able to convince me that this Conditional Residency business is anywhere even approaching straightforward.

I suppose the main question is, if you were to send $900 somewhere, wouldn't you make sure it was for the right thing? Up to and including free resources such as here, or the USCIS website? You're right, nothing in this process is really straightforward. But you knew this as you've been dealing with it, so why wouldn't you verify your information first?

You can argue semantics with us all night but it's not going to change anything or get you that money back. You can definitely do an InfoPass to try and speak to someone, but it's unlikely they will be able (or willing, pick one or both) to do anything for you.

I don't doubt many others have made the same mistake. I hope you'll use your resources for clarification next time before you make another costly mistake.

[furiousng 2]

Ouch! Unfortunately, the application was properly filed so there will be no refund. I had to file I90 May 2010 as I lost my wallet and I had my GC inside. Timing was awful as I had to resume work out of state the following week and I needed to show proof of authorization to work. On my way out of town, I got a call that someone from my bank that someone brought my wallet in and I should come and pick it up. I cancelled the I90 and placed a stop on the check which ended up being a bad idea as I got a nice letter in the mail informing me I owed the government the I90 filing fee plus insufficient funds fee.