File I-751 without green card copy

[Bart1 0]

Fellow VisaJourney-ers,

 

Due to a misdelivered Green Card and long processing times at USCIS I am now in a peculiar situation and looking for some advice.

 

History

• On May 16, 2019 we had a successful interview and a green card (conditional permanent resident card) was going to be sent to the address of my wife's parents. While we were backpacking in South America, they received a letter from USCIS, which we assumed to contain the Green Card. When we returned from our holidays in August 2019 we realized the letter only contained a Notice of Action and that my Green Card had not been delivered. After several phone calls with USPS, they informed me that based on the GPS data they're convinced that the mailman (that was covering for his sick colleague that day) delivered the item to a mailbox on the correct number but on the wrong street. They tried to recover the lost item but were unable to.
• On August 2019 I filed Form I-90 (application to Replace Permanent Resident Card) online under the reason "DHS issued my card but I never received it".
• On July 21, 2020 I received the response that they denied my request because the card was not returned to USCIS by USPS as undeliverable. They indicate that I should file Form I-90 again with the reason of filing is that my card was "lost, stolen or destroyed" and add the corresponding fees ($455+$85 biometrics). Alternatively they state the option to file Form I-290B, Notice of Appeal or Motion.     

 

Problem

In May 2021 my conditional permanent resident card will expire and I need to file Form I-751 within 90 days of the expiration date. This form requires me to attach a copy of the conditional permanent resident card which I don't have and cannot obtain in time either (due to the long processing times on Form I-90).

 

My proposed solution

File Form I-90 with the reason for application being "My previous card has been lost, stolen, or destroyed". I will not receive the replacement green card in time (before May 2021) and the filing fee will be lost but it will give me another Notice of Action. In 2021, file Form I-751 and instead of attaching a copy of the Conditional Permanent Resident Card, I can attach:

• Form I-90 Notice of Action (08/28/2019)
• Form I-90 Termination (07/21/2020)
• Form I-90 Notice of Action (TBD)

Also, as soon as the (expired) Green Card gets delivered, I could make a copy of the front and back and send it to USCIS as a belated attachment to my case.

 

Questions

1. Do you guys recommend going down the path of the potential solution that I described above? If not, what do you recommend?
2. I need to know the expiration date of my Conditional Permanent Resident Card but I don't have the card. Will it expire exactly two years after the interview date (thus expire on May 16, 2021)? Or is the expiration date linked to the day the card was produced and therefore unknown?

 

Any advice would be appreciated. Thanks.

 

[NancyNguyen 1,657]

You need to file i-90 now and send copy of its receipt along with i-751. Once the greencard is marked “delivered”, you cannot argue with USCIS no matter what. For issued and expiration dates, you can write down unknown. Good luck.

[JoJoJoJo 170]

2 hours ago, Bart1 said:

Fellow VisaJourney-ers,

 

Due to a misdelivered Green Card and long processing times at USCIS I am now in a peculiar situation and looking for some advice.

 

History

• On May 16, 2019 we had a successful interview and a green card (conditional permanent resident card) was going to be sent to the address of my wife's parents. While we were backpacking in South America, they received a letter from USCIS, which we assumed to contain the Green Card. When we returned from our holidays in August 2019 we realized the letter only contained a Notice of Action and that my Green Card had not been delivered. After several phone calls with USPS, they informed me that based on the GPS data they're convinced that the mailman (that was covering for his sick colleague that day) delivered the item to a mailbox on the correct number but on the wrong street. They tried to recover the lost item but were unable to.
• On August 2019 I filed Form I-90 (application to Replace Permanent Resident Card) online under the reason "DHS issued my card but I never received it".
• On July 21, 2020 I received the response that they denied my request because the card was not returned to USCIS by USPS as undeliverable. They indicate that I should file Form I-90 again with the reason of filing is that my card was "lost, stolen or destroyed" and add the corresponding fees ($455+$85 biometrics). Alternatively they state the option to file Form I-290B, Notice of Appeal or Motion.     

 

Problem

In May 2021 my conditional permanent resident card will expire and I need to file Form I-751 within 90 days of the expiration date. This form requires me to attach a copy of the conditional permanent resident card which I don't have and cannot obtain in time either (due to the long processing times on Form I-90).

 

My proposed solution

File Form I-90 with the reason for application being "My previous card has been lost, stolen, or destroyed". I will not receive the replacement green card in time (before May 2021) and the filing fee will be lost but it will give me another Notice of Action. In 2021, file Form I-751 and instead of attaching a copy of the Conditional Permanent Resident Card, I can attach:

• Form I-90 Notice of Action (08/28/2019)
• Form I-90 Termination (07/21/2020)
• Form I-90 Notice of Action (TBD)

Also, as soon as the (expired) Green Card gets delivered, I could make a copy of the front and back and send it to USCIS as a belated attachment to my case.

 

Questions

1. Do you guys recommend going down the path of the potential solution that I described above? If not, what do you recommend?
2. I need to know the expiration date of my Conditional Permanent Resident Card but I don't have the card. Will it expire exactly two years after the interview date (thus expire on May 16, 2021)? Or is the expiration date linked to the day the card was produced and therefore unknown?

 

Any advice would be appreciated. Thanks.

 

I am in a similar boat.

 

As soon as I received my green card, I found an error on it and filed I-90 immediately in April 2019. Now I am still waiting.

 

I will need to file I751 in a few months, and I plan to follow your plan as well.

 

BTW, my GC expiration date is exactly 2 years after the notice date on NOA2. For example, if my NOA2's Notice Date were 2020/8/30, then my green card would expire on 2022/8/30.

[Bart1 0]

Thanks for the information guys. I've now filed form I-90 for a "lost" GC.

[Crazy Cat 41,985]

***Hijack comment split to new topic***