Pending I-90 - Still received Reminder to File Form I-751

[Ackster 28]

In April 2022, my wife had her appointment for her greencard.  At the time of the interview, we were married over 2 years.  She was approved for her greencard that day and within 2 weeks she received it.  We noticed they had given her a 2-year conditional greencard in error instead of a 10-year card.  After confirming with other members on this site (see this post), we filed our I-90 documents online (January 2023) stating that USCIS had made an error.   My wife also got her I-551 ADIT stamp at the same time, which expires shortly.  My wife has already setup an appointment to renew this, but apparently USCIS is now sending documentation that must be carried with her when we travel outside of the Country and are not doing the stamp.   They confirmed that it will expire a year from the date of the original I-551 stamp.

  

The current wait time for an I-90 is 30 months, which is insane, but that's what it is.  Yesterday we received a reminder notification from USCIS to file Form I-751.  I'm assuming this is an auto-generated email from USCIS and they did not look at her pending I-90 before sending it.  We don't plan on filing the I-751. 

 

So I have a comment and two questions:

 

• I wanted to confirm that we should just ignore this remider.
• What would happen if USCIS denied the I-90 error?  Does the I-551 supercede the original green card expiration date?

 

[Dashinka 24,487]

To the best of my knowledge you can ignore the I751 reminder letter, and just keep getting ADIT stamps until USCIS works out the I90.  Your wife deserves a 10 yr GC based on your story.  If for some reason the I90 is denied, I am not sure if that is something that can be appealed.

 

Good Luck!

[Ackster 28]

Appreciate the reply @Dashinka.  I don't think she will be denied the 10 GC. 

 

I am curious what happens after the initial 2-year GC expired, whether the I-551 expiration date is the new permant resident expiration date.   This would provide her until mid-January 2025 to extend it again, which is also when we would start the N-400 filing process. 

 

With the I-90 being at a 30 month wait, she would most likely get her citizenship around the same time her 10 year GC shows up. 

[OldUser 6,624]

1 hour ago, Ackster said:

I am curious what happens after the initial 2-year GC expired,

Pretty much nothing. She's a LPR but the proof of status is expired at that point, unless I-551 stamp is obtained / new card issued.

 

1 hour ago, Ackster said:

the I-551 expiration date is the new permant resident expiration date.   This would provide her until mid-January 2025 to extend it again, which is also when we would start the N-400 filing process. 

 

The I-551 stamp is valid for 1 year. She can file for N-400 whenever eligible based on Resident Since date on original GC and other factors.

 

[Crazy Cat 41,831]

2 hours ago, Ackster said:

So I have a comment and two questions:

 

• I wanted to confirm that we should just ignore this remider.
• What would happen if USCIS denied the I-90 error?  Does the I-551 supercede the original green card expiration date?

I agree with @Dashinka and @OldUser.  I would not file an I-751 if I was not legally required to do so.  An ADIT stamp will supersede the date on the card.  The plastic card as well as an ADIT stamp are just evidence of legal status.  Legal status does not expire when the evidence expires.

[millefleur 5,046]

Agree with the others, there's no reason to file the I-751 here. I-551 stamps until the correct 10 year card arrives is the thing to do. The I-551 basically is your GC while you're waiting for the I-90 replacement physical card to arrive, so yes it supersedes the old erroneous card. I would just ignore the old card (I'm surprized they did not ask you to send it in actually with the I-90?) and use her passport/stamp for work/travel/proof of status until the new GC arrives.

 

Keep her old erroneous 2 year card as USCIS will most likely ask you to send it in to complete the I-90 process at some point. 

[Ackster 28]

Thanks everyone for confirming what I suspected.  
 

@millefleur, USCIS took my wife’s card to destroy it when she received her I-551 stamp, so we are all set with those requirements. 

[powerpuff 6,697]

*** Topic moved from AOS K1 forum to General Immigration forum where I-90 topics are discussed ***

[Ackster 28]

We just received notification from USCIS that my wife’s I-90 was approved so they will be replacing her 2-year card with a 10-year.  Wait time was almost a year to the day, so much sooner than the 30 month estimate from their site. 

[TBoneTX 45,264]

2 hours ago, Ackster said:

We just received notification from USCIS that my wife’s I-90 was approved

Congratulations -- what a relief for you.  Thanks for returning with your update.

[millefleur 5,046]

3 hours ago, Ackster said:

We just received notification from USCIS that my wife’s I-90 was approved so they will be replacing her 2-year card with a 10-year.  Wait time was almost a year to the day, so much sooner than the 30 month estimate from their site. 

Great news. I-90 has always been all over the place with wait times. It seems like straightforward cases go faster than those related to spelling or other typo errors.