I-751 with a pending I-90

[RochelleRJ 6]

So guys I need your advise….

im confused…. My husband entered the US on March 22, 2020…USCIS sent the green card but never received it…til this day we have never received the green card….been going back and forth with the post office who stated that the apt number wasn’t on the mail but confirmed the address with USCIS and it was correct….post office stated they returned the green card back to sender USCIS never received it….so basically the green card is in limbo at the post office…. So we filed an I90 6/8/2020….til this day still pending…okay went to a USCIS field office for husband to get a stamp for him to continue to work and it’s good for a whole year…but as I look at the stamp it’s for IR-1 and not CR-1….meanwhile I’m still vexed at the post office and again they still can’t locate it….June 5 2021 we get a notice for the hubster to go to the Application Service Center for a biometric….ok did that and I90 still pending….no outstanding documents,payments …nothing….February 2022 stamp is about to expire again so we go back to the Feild office gets another stamp still saying IR-1 pending I90….so just this past Monday I called USCIS and asked what the deal was with the case (at the Potomac Service Center) was told that someone has looked at it and that was it…so I questioned about the I-751…because it’s past his entry date…so the guy I spoke with who was by the way very helpful stated go ahead and file the I751 and make sure we write a letter explaining what’s going on…my concern is the late filing and in the system they still have him as CR-1 but the stamp says IR-1….Please let me know what you think about this situation 

[Mike E 11,739]

The stamp, IR-1 vs CR-1 doesn’t matter.  
 

if you were married less than 2 years at POE you have to file I-751 on time whether there is a pending I-90 or not. 

[JeanneAdil 6,483]

You don''t do a ROC as you were married 2 years when he entered 

3/14/2018 married

3/23/2020 entered

 

10 year green card

[RochelleRJ 6]

1 hour ago, Mike E said:

The stamp, IR-1 vs CR-1 doesn’t matter.  
 

if you were married less than 2 years at POE you have to file I-751 on time whether there is a pending I-90 or not. 

No we were married two yrs prior to POE….

[RochelleRJ 6]

32 minutes ago, JeanneAdil said:

You don''t do a ROC as you were married 2 years when he entered 

3/14/2018 married

3/23/2020 entered

 

10 year green card

Ok that’s what I thought but the guy told me to file it…I just don’t want to give money away for filing something I don’t need to file….unless they refund you the money…but we are talking about the government 

 

[Mike E 11,739]

1 hour ago, RochelleRJ said:

No we were married two yrs prior to POE….

Then filing I-751 is a waste of money. 
 

You should be issued a 10 year green card. If after 2 years that hasn’t happened then hire an attorney to file a combined writ of mandamus and administrative procedures act lawsuit 

[RochelleRJ 6]

2 hours ago, Mike E said:

Then filing I-751 is a waste of money. 
 

You should be issued a 10 year green card. If after 2 years that hasn’t happened then hire an attorney to file a combined writ of mandamus and administrative procedures act lawsuit 

Thanks will definitely look into that

[JeanneAdil 6,483]

10 hours ago, RochelleRJ said:

Ok that’s what I thought but the guy told me to file it…I just don’t want to give money away for filing something I don’t need to file….unless they refund you the money…but we are talking about the government 

 

immigration never refunds money

and the assummtion seems to be that we know what to do 

[mindthegap 2,589]

You do not need to file i-751. They will willingly take your cash and not refund it, but to do so is a waste of time. 

Use the money to file the N-400 in a little over six months instead. 

[RochelleRJ 6]

Update….so just received and answer about my I 90…stated that the i90 has been terminated see picture….so I can refine the I 90 with correct filing fees…any advice…if I file online it’s gonna tell me the fee is waived 

Edited June 15, 2022 by RochelleRJ

[Mike E 11,739]

On your I-90 you needed to select this reason:

 

“2.d. My existing card has incorrect data because of
Department of Homeland Security (DHS) error.”

 

You do not owe a fee for this. 
 

File  again.  

 

Edited June 16, 2022 by Mike E

[RochelleRJ 6]

On 6/16/2022 at 2:12 AM, Mike E said:

On your I-90 you needed to select this reason:

 

“2.d. My existing card has incorrect data because of
Department of Homeland Security (DHS) error.”

 

You do not owe a fee for this. 
 

File  again.  

 

Thanks