I-751 Late Filing

[sudden 0]

Hello

 

We got in to a tricky situation with regards to my Wife's I-751 filing. We got married on May 2019 and I was an LPR at that time( Have become a citizen March 2021), We filed our Wife's Green card and she got her's approved on December 2020. However since our marriage was less than 2 years, We were expecting to get a 2 year card, But we got a 10 year card. We raised this issue to the USCIS by filing a I-90 petition on May 2022 citing that we have a 10 year card and it should really be a 2 year card. We did check with our attornery and he said that it should be ok since there have been instances of people being granted a 10 year visa even with less than 2 years marriage and it was sufficient if we raise the alleged USCIS error.

 

Last week, We got a decision notice in the mail stating that the I-90 was denied since USCIS did not have a record of us filing the I-751, We should have filed I-751 on December 2022, But we missed it because of this incorrect interpretation. We reached out to the attorney and explained the situation and he said, Since we filed the I-90 and he had clients file I-751 late, We can file it now with the situation and an explanation letter, We did that promptly with a ton of documents explaining our marriage is genuine and how we have established our lives together from December 2020 and the reason for the late filing with a lenghty apology letter explaining our incorrect interpretation.  Although while reading through this forums, it seems like this has happened on more than one occasion, we are bit anxious about the whole situation. We have travel coming up shortly, which I'm not sure we can plan until we get a resolution here. 

 

Any experiences of a similar scenario might be helpful. Thanks much

 

-GV

 

[OldUser 6,636]

1. File I-751 ASAP (I think you did now, but just want to be clear)

2. Do not plan any trips until you have 4 year extension in hand

 

Edited December 17, 2023 by OldUser

[sudden 0]

1 hour ago, OldUser said:

1. File I-751 ASAP (I think you did now, but just want to be clear)

2. Do not plan any trips until you have 4 year extension in hand

 

Thanks. We have already sent the packet for 751. Agreed no trips planned till we get this sorted. 

[SalishSea 17,820]

And fire the attorney for giving very bad advice.   There is no way out of removing conditions, even if USCIS makes an error.

 

You should have filed while the 1-90 was pending.

[sudden 0]

13 minutes ago, SalishSea said:

And fire the attorney for giving very bad advice.   There is no way out of removing conditions, even if USCIS makes an error.

 

You should have filed while the 1-90 was pending.

Yes. We filed it ourselves.  We are not going to use his services. Unfortunately we did not file when I 90 was pending. What could uscis possibly respond in this case? 

[OldUser 6,636]

1 hour ago, SalishSea said:

And fire the attorney for giving very bad advice.   There is no way out of removing conditions, even if USCIS makes an error.

 

You should have filed while the 1-90 was pending.

What's 1-90?

 

From OP's message it's not clear whether attorney gave advice not to file I-751. Likely they said something along the lines "Don't worry about 10 year GC incorrectly issued. Just file I-90". But nothing got mentioned about I-751 and OP neglected it.

[sudden 0]

5 minutes ago, OldUser said:

What's 1-90?

 

From OP's message it's not clear whether attorney gave advice not to file I-751. Likely they said something along the lines "Don't worry about 10 year GC incorrectly issued. Just file I-90". But nothing got mentioned about I-751 and OP neglected it.

Yes. He just asked us to file the i-90 and ignore i-751 since he said that there were cases with 10 year card issued. Regardless it was an error on our side and that's what we explained In the apology letter. 

[OldUser 6,636]

5 minutes ago, sudden said:

Yes. He just asked us to file the i-90 and ignore i-751 since he said that there were cases with 10 year card issued. Regardless it was an error on our side and that's what we explained In the apology letter. 

If he told you to ignore I-751 then I agree with @SalishSea

Edited December 17, 2023 by OldUser

[mindthegap 2,590]

Another quality 'attorney' who possibly got their law degree free inside a packet of breakfast cereal.

 

What a clown. Dispense with their services immediately. 

 

 

I wouldn't worry too much. Late filing isn't a massive issue. Just await the extension before any travel. 

 

[sudden 0]

4 hours ago, mindthegap said:

Another quality 'attorney' who possibly got their law degree free inside a packet of breakfast cereal.

 

What a clown. Dispense with their services immediately. 

 

 

I wouldn't worry too much. Late filing isn't a massive issue. Just await the extension before any travel. 

 

 

We have already relieved him of his services. Should I be worried about my work authoriztion and stay? 

[OldUser 6,636]

25 minutes ago, sudden said:

 

We have already relieved him of his services. Should I be worried about my work authoriztion and stay? 

No.

Do you have valid DL / ID and unrestricted SS card? That's all you need for I-9 verification.

Edited December 18, 2023 by OldUser

[mindthegap 2,590]

35 minutes ago, sudden said:

Should I be worried about my work authoriztion and stay? 

 

No.

 

[sudden 0]

21 hours ago, OldUser said:

No.

Do you have valid DL / ID and unrestricted SS card? That's all you need for I-9 verification.

Yes, I do have a valid DL. 

21 hours ago, mindthegap said:

 

No.

 

Thank you!! 

[milimelo 4,477]

11 minutes ago, sudden said:

Yes, I do have a valid DL. 

Thank you!! 

Do you have an unrestricted SSN (WITHOUT verbiage saying valid for work only with DHS authorization)? 

[sudden 0]

22 hours ago, OldUser said:

No.

Do you have valid DL / ID and unrestricted SS card? That's all you need for I-9 verification.

Yes, I have a valid DL. The SSN card says the it is valid for work only with DHS authorization. My I-9 verifiaction was done years ago when I go the green card.