Should I file I-90 instead of I-751

[123Hello 3]

Hello,

My wife went through consular proceedings and received her immigrant visa 1 year and 10 months into our marriage. She entered the USA when we had 2 years and 1 month but received a conditional green card instead of permanent.

 

The question is, should I file I-90 to correct the issue or wait and file for I-751? I am worried that I-90 will take too long and we will miss the deadline to file I-751.  Anyone experienced this? 

[OldUser 6,636]

If you were married for over 2 years when she first entered to the US on spousal visa, then she should have received 10 year GC.

 

You need to file I-90, even today.

I-751 is not a valid form to file and it takes much much longer than I-90.

[123Hello 3]

Even if I-90 will take long and miss the deadline for I-751? 

[OldUser 6,636]

5 minutes ago, 123Hello said:

Even if I-90 will take long and miss the deadline for I-751? 

If you know for sure she should have a 10 year GC, there's no need to file I-751

[OldUser 6,636]

When filing I-90 I'd include:

 

- Copy of back and front of GC

- Copy of passport page and page with endorsed immigrant visa

- Copy of boarding pass or reservation for that flight

- Cover letter explaining why she should receive 10 year GC (including dates or marriage, entry to the US etc)

 

Since it's their mistake, you do not need to pay a fee.

 

Do not send actual GC with I-90!

 

 

 

[Timona 4,207]

Why did you wait all this while to file I-90? Should have filed it immediately you realized 

[123Hello 3]

1 hour ago, Timona said:

immediately

I didn’t. I think that I didn’t express myself correctly. She recently got here but it took a few months for the green card to arrive. I plan on applying for I-90 now and hopefully within a year it will get solved.