Filed I-90 instead of I-751 in November. Next steps?

[Starless 2]

In November 2019 I submitted my I-90, mistakenly believing that this was the correct form to both renew my green card and remove conditions on my permanent resident status.

Yesterday I received my decision letter. Because I hadn't filed my I-751, the I-90 was rejected. 

My conditional permanent resident status expired in May 2020. Obviously I'm freaking out about this.

I have access to an immigration attorney through my wife's work but it might take up to 48 hours for them to get in touch with me. In the meantime I've filled out my I-751 and am gathering all my evidence for the legitimacy of our marriage (tax returns, joint bank statements, wedding certificate, photograph, insurance documents, etc). I'm not too worried about that part as my wife and I have been together for 11 years now.

Is there anything extra I should include with the evidence? Presumably some kind of letter of explanation pointing out that I submitted the I-90 six months prior to my expiration of status in the good faith that I was complying with all my legal requirements?

 

Has anyone done something similar and if so how this mistake impacted their removal of conditions? 

[milimelo 4,479]

Rejection from I-90 showing you submitted the wrong form could be helpful. Aside from that, send in the I-751 and hope for the best. 

[Starless 2]

1 minute ago, milimelo said:

Rejection from I-90 showing you submitted the wrong form could be helpful. Aside from that, send in the I-751 and hope for the best. 

That's a great addition. Thank you.

[Crazy Cat 41,864]

12 minutes ago, Starless said:

In November 2019 I submitted my I-90, mistakenly believing that this was the correct form to both renew my green card and remove conditions on my permanent resident status.

Yesterday I received my decision letter. Because I hadn't filed my I-751, the I-90 was rejected. 

My conditional permanent resident status expired in May 2020. Obviously I'm freaking out about this.

I have access to an immigration attorney through my wife's work but it might take up to 48 hours for them to get in touch with me. In the meantime I've filled out my I-751 and am gathering all my evidence for the legitimacy of our marriage (tax returns, joint bank statements, wedding certificate, photograph, insurance documents, etc). I'm not too worried about that part as my wife and I have been together for 11 years now.

Is there anything extra I should include with the evidence? Presumably some kind of letter of explanation pointing out that I submitted the I-90 six months prior to my expiration of status in the good faith that I was complying with all my legal requirements?

 

Has anyone done something similar and if so how this mistake impacted their removal of conditions? 

Just file a proper I-751......I would include a letter explaining why you are filing late.  

[geowrian 22,337]

Agreed. File the I-751 as soon as you can. A late filing is almost always accepted...just provide a reason. The denied I-90 and a brief description that you filed the wrong form should suffice.

[Starless 2]

14 minutes ago, geowrian said:

Agreed. File the I-751 as soon as you can. A late filing is almost always accepted...just provide a reason. The denied I-90 and a brief description that you filed the wrong form should suffice.

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

[geowrian 22,337]

44 minutes ago, Starless said:

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

Good enough of a reason, IMHO.

[Mollie09 1,543]

16 hours ago, Starless said:

Is "I filed the wrong form" a good reason? I was genuinely under the impression that I'd done everything right. The only thing I can think of as a reason for the misunderstanding is that I was extremely busy sitting the GRE and applying to grad school at the same time so I must have just missed something.

Nothing you can do but try. I agree that it's not a big deal.

It's not like you completely ignored the expiration date for over a year, we've seen that in this forum. It's a couple of months and you filed the wrong form.

[arellah 125]

Hey, is there any update on this? I did the same thing... :(

[mindthegap 2,590]

32 minutes ago, arellah said:

Hey, is there any update on this? I did the same thing...

A late JOINT I-751 will only be accepted with good cause to excuse the late filing.

So you MUST put a cover letter in, stating exactly why it is late.

 

Mistakenly filing the wrong form is a perfectly acceptable reason - it also demonstrates there was an intent to file in the first place. Get it in ASAP.

 

[arellah 125]

1 minute ago, mindthegap said:

A late JOINT I-751 will only be accepted with good cause to excuse the late filing.

So you MUST put a cover letter in, stating exactly why it is late.

 

Mistakenly filing the wrong form is a perfectly acceptable reason - it also demonstrates there was an intent to file in the first place. Get it in ASAP.

 

Thank you for replying. Mine is joint as we are still married, correct?

I've written a letter. I'm working on getting everything together right now and I will submit it today.

 

I can't believe I messed this up, I am so upset.

[mindthegap 2,590]

17 minutes ago, arellah said:

Mine is joint as we are still married, correct?

Correct. A divorce filing does not need a late excuse, but that isn't applicable to you.