Do we need to file for I-751?

[Yau & Yadi 2]

Hello,

My case is a little odd.

I brought my fiancee through a K1 - she entered the U.S. September 20th, 2012. We filed for Adjustment of Status after we got married. However when we got the green card, about 6-7 months after, it had an incorrect expiration date on it. Instead of expiring Sept 2014 it was expiring Sept 2013.

None the less, we filed for a I-751 to lift conditions thinking the card was about to expire on 2013. Shortly after we filed, about 2-3 months in, we get our packet back with an apology letter from a USCIS leadership staff stating they had printed an incorrect date on the card and ordered us to file I-485 AGAIN so that they can fix the date.

Well, here's the catch..... we went ahead and filed another i-485, however when we got the card, it was NOT a temporary card. It is a full, non-conditional resident green card.

My question is: Does this mean we do not have to file I-751? They gave her a card without restrictions whatsoever and did not informed us anything else was needed. It's Sept 2015 and we've yet to filed for I-751 (I mean we did, but it was returned to us). Since she has already been 3 years here, we were thinking of applying for her citizenship but I still have doubts on whether this can affect us during the filing process.

What do you guys think? USCIS really did messed up on their end - I did file for I-751, so I don't think it was negligence on my behalf.

Thoughts, suggestions? Let me know.

Thank you

Edited September 30, 2015 by Yau & Yadi

[Lainie B 465]

When you filed the I-485 for the second time, had you been married for 2 years already?

Just curious, did you have to pay the filing fee for the I-485 the second time?

[Yau & Yadi 2]

When you filed the I-485 for the second time, had you been married for 2 years already?

Just curious, did you have to pay the filing fee for the I-485 the second time?

No, I wasn't married for 2 years yet. I married 12/10/12, filed right after getting married.

And no, I did not have to pay for the second I-90. USCIS told me it was free - there is an option to select on the form labeled as "USCIS made a mistake" or something like that.

Edited September 30, 2015 by Yau & Yadi

[Yau & Yadi 2]

Sorry I meant to say I-90 (I can't edit the original post anymore).

USCIS said to file for an I-90 and select USCIS had made a mistake - so I did not have to pay.

[NancyNguyen 1,657]

Sorry I meant to say I-90 (I can't edit the original post anymore).

USCIS said to file for an I-90 and select USCIS had made a mistake - so I did not have to pay.

When you filed I-90, your 2 years anniversary has passed. So they go ahead issuing you permanent card. It is my theory.

[Shauneg 762]

What date did you file for the second time? That's the key thing.

Other than that you can play and pretend you didn't notice but when it comes up later they aren't going to take the blame for it and forgive it, you will pay the price....whatever that may be. Ignorance is not an excuse with immigration.

[f1660114 18]

My thought is that you should schedule InfoPass at your local field office and get it sorted out asap else you will get delay in naturalization stage later on definitely.

[Stevephoto 230]

My thought is that you should schedule InfoPass at your local field office and get it sorted out asap else you will get delay in naturalization stage later on definitely.

I thought "infopass" as soon as I read the original post. OP, do you have all of the correspondences (especially the one where they apologized)? Bring everything to the infopass. Good luck.

Edited October 1, 2015 by Stevephoto