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engr Arinze

i-90 waiting approval but i got a reminder to file i-751

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Filed: IR-1/CR-1 Visa Country: Nigeria
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i filed a form i-90 in January to replace GC due to DHS error, because i have been married for 2years and 10 months before i got admitted into the United state last year but i received a CR1 2yrs instead of IR1 which is 10years GC , after filing i-90 i was invited go and do my biometrics which i have done and the case awaiting a decision but on the 11/16/2022 i received a notification to remember to file i-751 now my question is should i file i-751 while my i-90 case  is waiting a decision 

Edited by engr Arinze
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You cannot replace 2 year with 10 year green card by filing I-90.

You need to remove conditions on your permanent residency by filing I-751 form and proving your marriage.

File I-751 as soon as possible. No need to wait for I-90. You already received a replacement CR1 green card, there's nothing else I-90 can do.

Edited by OldUser
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Filed: IR-1/CR-1 Visa Country: Nigeria
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1 minute ago, OldUser said:

You cannot replace 2 year with 10 year green card by filing I-90.

You need to remove conditions on your permanent residency by filing I-751 form and proving your marriage.

File I-751 as soon as possible. No need to wait for I-90.

please read again i edited the topic

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Filed: IR-1/CR-1 Visa Country: Nigeria
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6 minutes ago, OldUser said:

Got it, thank you.

 

What's the Resident Since date on your card? Have you been married for over 2 years on Resident Since date?

When i got admitted last year i received 2years GC instead of 10yrs GC , i posted here and asked questions about it and i was advised to file form i-90 and indicate DHS error which i did file i-90 in january 2022, my marriage is 2yrs 10months before i got admitted here so i suppose to get a 10yrs GC if i am correct, my conditional residence GC will expire in march 2023 , so i wanted to know if i should go ahead and file i-751 while my i-90 is waiting decision, reason am asking is because if they correct the error and send me a new GC it will be a 10yrs GC so when that happens it means that the i-751 i filed is pointless , do you understand what i mean 

Edited by engr Arinze
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Filed: IR-1/CR-1 Visa Country: Nigeria
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1 minute ago, Crazy Cat said:

Personally, I would not file the I-751.  They won't refund your fee. Others might disagree. 

exactly because i didn’t pay anything when i filed i-90, so if i file i-751 and pay the fee, when they fix my GC and make it 10years my money will be a waste for filing i-751 , i got married 5/2/2018 , got admitted into the united state 3/20/2021 that marriage is more than 2years before i got admitted here but i got 2years conditional GC which i know it’s a mistake that’s why i filed i-90 

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3 minutes ago, engr Arinze said:

exactly because i didn’t pay anything when i filed i-90, so if i file i-751 and pay the fee, when they fix my GC and make it 10years my money will be a waste for filing i-751 , i got married 5/2/2018 , got admitted into the united state 3/20/2021 that marriage is more than 2years before i got admitted here but i got 2years conditional GC which i know it’s a mistake that’s why i filed i-90 

So resident since date on your green card is 03/20/2021 or some other date?

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Filed: IR-1/CR-1 Visa Country: Nigeria
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29 minutes ago, OldUser said:

So resident since date on your green card is 03/20/2021 or some other date?

yes 03/20/2021

Edited by engr Arinze
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Filed: Citizen (apr) Country: Brazil
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1 hour ago, engr Arinze said:

after filing i-90 i was invited go and do my biometrics which i have done and the case awaiting a decision

Don't file an I-751.  While waiting for the I-90 process (takes 17 months according to USCIS processing times), contact USCIS to have your passport stamped as proof of LPR status until you get the 10-year green card.  Stamps are proof of LPR status for one year and can be used for travel, work, renewal of a driver's license, etc.  You may have to go back a year later for another stamp if you are still waiting for the correct green card to arrive.

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Filed: IR-1/CR-1 Visa Country: Nigeria
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7 minutes ago, carmel34 said:

Don't file an I-751.  While waiting for the I-90 process (takes 17 months according to USCIS processing times), contact USCIS to have your passport stamped as proof of LPR status until you get the 10-year green card.  Stamps are proof of LPR status for one year and can be used for travel, work, renewal of a driver's license, etc.  You may have to go back a year later for another stamp if you are still waiting for the correct green card to arrive.

even with the current 2yrs extension on pending i-90 by uscis ?

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17 minutes ago, engr Arinze said:

even with the current 2yrs extension on pending i-90 by uscis ?

You already got replacement card, right? Then extension letter shouldn't be valid IMHO.

It's a tricky situation, I-551 stamp is probably the best proof of your status than green card with invalid category that's been already replaced.

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1 hour ago, engr Arinze said:
1 hour ago, carmel34 said:

Don't file an I-751.  While waiting for the I-90 process (takes 17 months according to USCIS processing times), contact USCIS to have your passport stamped as proof of LPR status until you get the 10-year green card.  Stamps are proof of LPR status for one year and can be used for travel, work, renewal of a driver's license, etc.  You may have to go back a year later for another stamp if you are still waiting for the correct green card to arrive.

even with the current 2yrs extension on pending i-90 by uscis ?

It’s an excellent idea to get your passport stamped while you wait for them to get you a corrected replacement card. Get InfoPass, insist it’s a matter of losing job..example.

Especially since I assume you no longer have any physical plastic card in your hands ( would have been mailed in w I-90). 

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Filed: IR-1/CR-1 Visa Country: Nigeria
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25 minutes ago, Family said:

It’s an excellent idea to get your passport stamped while you wait for them to get you a corrected replacement card. Get InfoPass, insist it’s a matter of losing job..example.

Especially since I assume you no longer have any physical plastic card in your hands ( would have been mailed in w I-90). 

i haven’t received the replacement card and i still have my plastic card on me, i did my biometrics already but the case is still awaiting decision, i filed online and they didn’t request the old GC from me yet , when i filed the i-90 from my uscis account they only requested for front and back picture of the card 

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10 minutes ago, engr Arinze said:

i haven’t received the replacement card and i still have my plastic card on me, i did my biometrics already but the case is still awaiting decision, i filed online and they didn’t request the old GC from me yet , when i filed the i-90 from my uscis account they only requested for front and back picture of the card 

Read the I-90 instructions, surrendering the card was/ is a requirement, be it by paper filing or online. 
But don’t stress over that..they will issue an RFE for you to return the card , when they get around to looking at the case.


But make an InfoPass and go get your stamp. 


 

 

https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf

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.

Edited by Family
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