Returning your Green Card because of USCIS error. Form i90

[profesori 0]

No clue yet. I hope they do send me the original card otherwise I have to start another "unknown" process. not sure on what grounds they decided to deny the application. marriage 12/31/12 - POE NJ - 1/5/14. unless they have done some math wrong. During my first infopass USCIS officer agreed that USCIS made a mistake. Now I'm not sure and can only guess. The customer service had no idea on what grounds the denial was made. I haven's seen other folks having the same issue. I wonder what happens if they don't send me a card at all?!.....

some more detail -

on form I-90 I checked

Under Part 2

Item 1c and then item 3d and attached a letter explaining that I've been married for less then 2 years when admitted to US.

any hypothesis?

[bookworm123 7]

Actually we were both surprised because we were expecting 6+ months processing as posted on the USCIS processing times.

Hi apple cant seem to send you a pm.Just want to ask if you know whether the gc,if you have two first names should always have say mary rose perez smith.Mine came with Mary R then my Smith on top.Is this normal?The info at the back shows my complete name.So i wonder if they really shorten it or if i need to have it replaced to have mary rose p.Thanks a lot

[profesori 0]

apple21 and all under same situation...

not sure if we have done the wright thing by filing for I-90 as the law clearly states:

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html

The Marriage Fraud Amendments of 1986 require that a conditional permanent resident be notified of his or her obligations under the law at specified points:

• At the time an alien acquires conditional permanent residence through admission to the U.S. with an immigrant visa or adjustment of status under section 245 of the Act, the Service shall notify the alien of the conditional basis of the alien's status. The Service will notify the alien of the requirements for removal of the conditions within the ninety days immediately preceding the second anniversary of the date the alien was granted status, and will inform the alien that failure to apply for removal of the conditions will result in automatic termination of the alien's lawful status in the U.S. This notification is done (either verbally or in writing) by the inspector or adjudicator who admits or adjusts the alien to conditional resident status .

I was never notified of my conditional residence either verbally or in writing and a new immigrant you are not supposed to know the law, so the government have to notify about this. If a notification occurs but the GC has the wrong date then will be safe to say that we should file form I-90. Perhaps we were not considered conditional residents since start and never were marked so in the system. I have not received the denial letter yet, but just a thought that we could have done fine without self correcting smth that wasn't there since start.

[apple21 953]

Keep us posted as soon as you get the letter.

[profesori 0]

I will and while facing this and trying to understand what happen my final educated guess is:

If you look at the immigration visa category there is no F2A/CR1 but only IR/CR. Even though the Marriage Fraud Amendment should apply to ALL even immigrants under F2A the F2A/CR visa class/category (for lack of a better word) was never technically applied as there was not a case where a F2A immigrant would get the immigrant visa before 2 years from the marriage date. The 2013 was a special year for some of us. If you go back in time, the average waiting for an F2A category immigrant is around 2.5 years-4 years or sometimes even longer, so why create this category where we will never have to apply it - it doesn't align with reality. So my guess is that government didn't stress the F2A/CR too much. That's why in our Immigrant visa our category is F2A and not F2A/CR1 or anything else beside F2A.

If my guess is right, the only one who had the power to add a condition to our immigrant status/visa was the POE immigrant officer. Perhaps he didn't had the tools in the system to do that either for F2A category and perhaps we don't have a condition at all in the system. I don't see another reason why my original GC would have come for 10 years and my application to make it a conditional one (which I was never a conditional resident when I entered the USA to begin with) have been denied.

I've yet to see the notice and I hope they did attach the original GC as that card is my property - I've payed for it and they have no right to keep it. (if it's not destroyed or lost in their offices).

Enjoy weekend!

[apple21 953]

No letter yet profesori?

[profesori 0]

Nope and I'm so worried on why not a letter yet. I hope is not lost in the mail as I'm suspecting that original card will be there. If USCIS has sent it and has been lost this will be another complication. Called USCIS today and they told that I have to wait 15 days before I call them - no info/answer was provided....bizarre

[profesori 0]

The fun continues, just received another email note - requesting more evidence....

On September 23, 2014, we mailed a notice requesting additional evidence or information in this case I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD.

I wonder what it will be or if it actually will be anything.

I did submit:

Original GC, copy of passport, copy of immigrant visa with the entry stamp on it and copy of marriage certificate.

apple21 - did you submit more/additional documents compare with what I've listed?

[apple21 953]

The fun continues, just received another email note - requesting more evidence....

On September 23, 2014, we mailed a notice requesting additional evidence or information in this case I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD.

I wonder what it will be or if it actually will be anything.

I did submit:

Original GC, copy of passport, copy of immigrant visa with the entry stamp on it and copy of marriage certificate.

apple21 - did you submit more/additional documents compare with what I've listed?

I submitted the same.

To this day, I can't view my case status on the USCIS website so I have no idea what's going on. When I enter my receipt number it says "your case cannot be found". I called the hotline and all they told me is it's still in process.

[profesori 0]

Usually I check the automated phone case status to see if it aligns with the website. Interesting that your case doesn't even show up...

I'll keep you posted on what happens or not on my case....

[profesori 0]

As I still have time to withdraw this case (as is not in denial status anymore), will it be safe to request it or just wait and see it through?

[profesori 0]

called USCIS today to kind of clarify it indeed the RFE is real or not. I was forward to the second level of support and even the immigrant officer got confused with my case as she was able to see both statuses Denied and then RFE so she raised a request with the officer working on my case if the case is still active or not and explained again the reason why I have field the application - hopefully this will help in a way...

[profesori 0]

RFE received today and is asking for the original GC. I did submit it with the application - seems like they have lost the original card. Any ideas how to proceed?

[apple21 953]

RFE received today and is asking for the original GC. I did submit it with the application - seems like they have lost the original card. Any ideas how to proceed?

[profesori 0]

speechless?