I-751 on hold until mis-sent 10yr card is returned

[nadia&sameer 12]

Hi. I'm looking to see if anyone has ever had this issue and how they dealt with it. My husband was originally sent a 10yr card instead of a 2yr card. We did the correct thing and returned the 10yr card along with the I-90 for USCIS to fix. He eventually received his 2 yr card (although it still has an incorrect expire date on it). We recently submitted the I-751 packet and received an RFE stating they have cashed our check and that our file is on hold until he returns his 10yr card. My husband doesn't have the GC as he was required to send it in with the I-90. We stated that fact in the I-751 paperwork that was sent to them. So what do we do now? Just send another statement saying it was already turned in? We can prove we mailed the I-90 packet and got the new card, but other than sending a copy of the I-90 cover letter stating the orig GC was included, we can't actually prove that they got the card.

[Hypnos 6,576]

You didn't obtain delivery tracking for the green card you returned to USCIS?

[nadia&sameer 12]

You didn't obtain delivery tracking for the green card you returned to USCIS?

Thanks for replying Hypnos. Yes, we have proof they received the I-90, but there is no way to actually prove that the GC was in the mailing. Only our cover letter stating it was included. They would not allow him to get a new GC without returning the incorrect one. Per I-90 directions:

Item Number 2.d. My existing card has incorrect data because of Department of Homeland Security error. Select this reason if your card has incorrect data and the error was caused by DHS. Attach the original Permanent Resident Card issued with the incorrect data. A copy of the card is not acceptable in this case.

They obviously had to have gotten the card because they sent him a new GC. We had a similar problem at his AOS interview. They said my husband never submitted his medical which he clearly did or he would not have been allowed into the country. They finally admitted that they had misplaced it, but we still needed to re-do his medical exam delaying his GC by months. At least we could do something about that. I can't make a GC appear that he no longer has.

[Hypnos 6,576]

Then in your RFE response I would provide (again) a written statement indicating their original error and that you filed an I-90 as a result of that, which included the erroneous green card in that package. I would include a copy of the tracking information for the original I-90 packet indicating it was delivered to them, as well as a copy of the I-90 NOA. This should suffice.

Edited November 13, 2016 by Hypnos

[nadia&sameer 12]

Then in your RFE response I would provide (again) a written statement indicating their original error and that you filed an I-90 as a result of that, which included the erroneous green card in that package. I would include a copy of the tracking information for the original I-90 packet indicating it was delivered to them, as well as a copy of the I-90 NOA. This should suffice.

Will do. Thanks Hypnos.