Is Form i751 needed or not?

[HF & HB 6]

Hello,

 

I'm hoping someone who has gone through this may be able to help me out. I was given my greencard almost 2 years ago with an error on it. It classified me as CR1 when I should have been IF1. I also received this card more than 2 years after being married and living in the US (I entered as K1 visa holder). I have since been instructed to file I90 for them to send me a greencard with the correct information. I am still waiting for my new card to be processed and sent back to me. I received a notice recently telling me that I need to file form i751 to remove conditions on my greencard. My understanding is that I shouldn't need to do that since I had been married for more than 2 years at the time my greencard was granted. Since I do not have a physical greencard (the incorrect one having been sent back to the USCIS) I have no way to know when my actual greencard expires (2 years or 10 year). I have tried in vain to speak a representative at the USCIS and cannot get through to a person no matter what I try to say. I will submit a written report regarding what I believe to be an incorrect notice, regarding the needing to file Form I751 removal of conditions. My concern is that by the time I hear back from them in written form it will be past the 90 days that I have to remove conditions (if for whatever reason I would have to do that). Thank you anyone with any info on this matter!

 

 

[Crazy Cat 41,845]

1.  On what date were you married?

2.  On what date was your Adjustment of Status approved?

If your Adjustment was approved 2 years or more after your marriage date, there is no need to file an I-751.   Just wait for the corrected card. 

 

Edited May 8, 2023 by Crazy Cat

[HF & HB 6]

Hi Crazy Cat, to answer your question I was married July 16, 2019 and AOS approved August 5, 2021.

[Crazy Cat 41,845]

2 minutes ago, HF & HB said:

Hi Crazy Cat, to answer your question I was married July 16, 2019 and AOS approved August 5, 2021.

You can disregard that courtesy letter about filing the I-751.

Edited May 8, 2023 by Crazy Cat

[Crazy Cat 41,845]

If you need proof of your status, contact USCIS and request an ADIT stamp.

[HF & HB 6]

Thank you Crazy Cat for the input!

[Scandi 4,166]

The reason you got the letter is because in USCIS system you're a conditional greencard holder and should file for ROC. This is why it's important to file the i-90 for correction the second you receive the card with the wrong info on it, so it's corrected before the system thinks you should file your ROC. So at this point, since it doesn't appear that you have had it corrected, you will be "flagged" in the system if you don't file for ROC, and since you're technically not a conditional greencard holder you can't file for ROC. It's a catch 22. 

While many applicants file their ROC too late and are just fine, even by several years, others receive letters about their status being terminated and a notice to appear in immigration court. So be prepared that this COULD potentially happen. In the end you will be fine as it's not your error, but not having your status corrected at day 1 could lead to some extra work and headaches.

[HF & HB 6]

Thank you Scandi for your input and explanation.

 

I have been working with the USCIS to correct my card for almost a year and a half now. Unfortunately even though I submitted my I90 as soon I was aware it was necessary I still have not received my new card. Once a year I go to a local field office to receive a stamp in my passport as proof of my status for various agencies that require proof. But as of now unfortunately no physical greencard. Thanks again!

[Scandi 4,166]

1 hour ago, HF & HB said:

Thank you Scandi for your input and explanation.

 

I have been working with the USCIS to correct my card for almost a year and a half now. Unfortunately even though I submitted my I90 as soon I was aware it was necessary I still have not received my new card. Once a year I go to a local field office to receive a stamp in my passport as proof of my status for various agencies that require proof. But as of now unfortunately no physical greencard. Thanks again!

Well that's good then, they have records of the i-90 and that you sent it in good time. It does unfortunately take "forever" for something that should be easy and quick to fix.