Expired Green Card/ Expired I-90 and left US for parents funeral

[Family 3,988]

5 hours ago, Zumbadaddy said:

USCIS only tells us to contact the US Embassy in Tokyo... they told us to file a DS-160
This morning USCIS told us to file a I-117 with the Embassy... just did.

Following your progress and like everyone else, cheering you on. 
It sounds like you have so far done a

 

DS-160 ( as advised by embassy). Did she secure an appointment?

 

I-117 ( SB-1 ) as advised by USCIS 

 

Anything else ?

[Zumbadaddy 57]

On 3/11/2024 at 3:06 PM, Family said:

Following your progress and like everyone else, cheering you on. 
It sounds like you have so far done a

 

DS-160 ( as advised by embassy). Did she secure an appointment?

 

I-117 ( SB-1 ) as advised by USCIS 

 

Anything else ?

Yes they both were denied since we had never filed the I-751.

 

I contacted my state Representative last week, filled out their form giving them a release allowing them to pull my wife's file and this is what they came back with.

 

"Good evening, Masako,

 Below is a copy of the response our office received from the Congressional Liaison at USCIS regarding the inquiry submitted on your behalf:

 Dear Ms. Gallagher,

 Thank you for your inquiries dated March 14 and March 20 regarding the LPR status of (name deleted). We appreciate Congresswoman Schultz's interest in the case.

 Please forgive the tardiness of our reply. We needed to contact U.S. Citizenship and Immigration Services for guidance on the options that may be available to ______. The complicating factor in _____ case is that, as a Conditional Permanent Resident, she had been issued a two-year green card and was required to file to remove the conditions on her residence when that expired (Form I-751, Petition to Remove Conditions on Residence). USCIS records reflect that they sent a notification to that effect on September 9, 2021. USCIS states that it appears that, instead of the I-751,  Mr. and Mrs. ___ incorrectly filed Form I-90 to replace her card, with the filing date recorded as November 5, 2021. Because the conditions on her residence were not removed, at this point ____ is not in status as an LPR.

 Our USCIS liaison advises that _____ can file the I-751 retroactively, and the form is available on the USCIS website here: https://www.uscis.gov/i-751. Once ____ receives notification from USCIS that they have accepted the I-751, she can apply for a Boarding Foil, following the instructions on Embassy Tokyo's website here: https://jp.usembassy.gov/visas/immigrant-visas/green-card/boarding-foil/. Getting the notice of approval for the I-751 will likely be the longer of these two steps; once that comes through, the boarding foil process normally can be completed within a few days. Please allow us to note that we are prohibited from pre-adjudicating applications and petitions. If ____ applies for a boarding foil, a consular officer will interview her and review any documentation she presents and will determine whether she qualifies at that time.

 We hope this information clarifies the situation for you and is helpful to Congresswoman Schultz's constituents. Please let us know if you have any further questions.

 Sincerely,

 Congressional Correspondence Unit  

U.S. Embassy Tokyo  

 I hope this information resolves all outstanding questions you may have regarding this inquiry.

 I regret that circumstances preclude a more favorable response.  If our office may be of further assistance in this or any other federal matter, please do not hesitate to contact us.

 With kindest regards,

Bettyanne.

 

So I completed the I-751 and sent it by UPS overnight to Elgin Il for processing.

 

 

What really bothers me is this,

I imagine we all have our USCIS log in account that shows everything from your first application to when you went to the bathroom at the USCIS office and how many pieces of toilet paper you used and whether you wiped front to back or back to front...lol.... Sorry for my passive aggressive feelings here....

see the statement above "USCIS records reflect that they sent a notification to that effect on September 9, 2021. USCIS states that it appears that, instead of the I-751,  Mr. and Mrs. ____ incorrectly filed Form I-90 to replace her card, with the filing date recorded as November 5, 2021."  Well if they had sent a notice about the I-751 it would be in the portal on our screen and I would have addressed it 3 years ago.  This comment from them is the 1st I am hearing about it and I went through page by page of our very thick files regarding my wife's Green Card and there is not 1 thing in there stating about the I-751. 

And if filing the I-90 (See below-  I-90 Application to Replace Permanent Resident Green Card)  was a mistake then why do they call it the Application to replace Permanent Resident Green Card and why didn't they send me some type of correspondence letting me know we filed the wrong form and the I-751 is what is needed. 

The title of the I-751 is the Application to Remove conditions- 

                            What conditions are there?

                             I never received anything about conditions. 

 

Here is what I see on the portal

I-90 Application to Replace Permanent Resident Card

Submitted on November 5, 2021Receipt # IOE980490XXX

View PDF

Your next milestone: receive your case decision.

Time until decision:

approx. 5 months

 

The lady from the State Rep's office said had you used an immigration lawyer in the first place it all would have been done correctly.

I'm sorry but it should be simple enough that anyone with a high school education could handle this process.... College degree in finance... but I guess I just got lucky and am really an idiot.

 

I only wonder how long this I-751 process will really take now.  I bet were talking 12-36 months... this really sucks.

 

 

I'm soooo frustrated.

 

1 of my friends told me to bring her in through Mexico or Canada... that's not an option and it was a stupid thing to say.

Edited March 22 by Crazy Cat

[Zumbadaddy 57]

On 3/8/2024 at 3:31 PM, Lemonslice said:

@Zumbadaddy : depending on where you live, what was filed/documents she has in hand, you might be able to pick her up at a Canadian airport and cross at a land border.  If you are further from the border, the boarding foil might be more economical (in time, and in money).  

The boarding foil was denied because we never filed the I-751.  I mailed it yesterday. I wonder how long it takes 

[Zumbadaddy 57]

On 3/8/2024 at 3:46 PM, Crazy Cat said:

So, she never filed an I-751?  

We never heard of the I-751 until I posted here in this chat 2 weeks ago.  I mailed the I-751 yesterday.

And if filing the I-90 (I-90 Application to Replace Permanent Resident Green Card)  was a wrong why do they call it the Application to replace Permanent Resident Green Card. and why not send it back saying this was wrong you need to file the I-751.

Edited March 22 by Zumbadaddy

[Zumbadaddy 57]

On 3/8/2024 at 3:56 PM, Crazy Cat said:

If an I-751 was never submitted:

Step 1:  Get her home to the US by whatever means possible.

Step 2: IMMEDIATELY file an I-751 package with a letter explaining that she sent an I-90 by mistake.

Once they get her I-751, USCIS will issue her a new extension letter extending the expiration date on her card by 4 years.  That will make the new expiration date 1/3/2026....and it will allow her to travel.

How long does that extension letter take once they receive the 751?

[OldUser 6,639]

3 minutes ago, Zumbadaddy said:

How long does that extension letter take once they receive the 751?

4-6 weeks

[Family 3,988]

.

 

 

Edited March 22 by Family
Self delete

[Zumbadaddy 57]

On 3/8/2024 at 5:22 PM, SalishSea said:

OP, did you not know about removal of conditions at all?  

Correct,  If I didn't receive a letter about any conditions I would not know of it.  I understand conditions from my business but I knew of no conditions to be removed.

[Crazy Cat 41,844]

 

9 minutes ago, Zumbadaddy said:

The boarding foil was denied because we never filed the I-751.  I mailed it yesterday. I wonder how long it takes 

Oh man....I was afraid that might happen.  She should receive a receipt notice and an extension letter in 1 to 3-6 weeks which will extend the expiration date on her Green Card for 4 years.  She can travel with the extension letter along with the expired Green card. 

Edited March 22 by Crazy Cat

[Crazy Cat 41,844]

2 minutes ago, Family said:

I was hoping you had followed my advice to file the I-751 …hoping you are now doing just that. ..
I know you are frustrated…but focus energy on accepting the course of action MUST start w filing that I-751 today….once you do that then either do another boarding foil or head to MX San Diego border or Canadian 

 

 

He mailed it yesterday.....

[Family 3,988]

Did you ask for USCIS to accept the late filing of I-751 in your cover letter? 

[Family 3,988]

27 minutes ago, Zumbadaddy said:

only wonder how long this I-751 process will really take now.  I bet were talking 12-36 months... this really sucks.

 

 

I'm soooo frustrated.

 

1 of my friends told me to bring her in through Mexico or Canada... that's not an option and it was a stupid thing to say.

You cannot have her wait out the I-751 duration. The filing is meant to generate the receipt and extension. …and give some small ammunition to try and get her in the country , by land POE if necessary. 
 

The filing itself is not a total fix…you have to get her in 

[Zumbadaddy 57]

3 minutes ago, OldUser said:

4-6 weeks

My wife (Japan custom) has a 49 day grieving period in Japan until they bury her moms ashes with her father. Would be about April 22, 2024 and she has work there a few days before and a few days after so that will be in about 4 weeks now. and she has work there a few days after.  SO hopefully this will all be resolved around that time frame.  I am worried that this will take years to clear up.  When we first filed for the fiance visa, online said 7-8 months but it took about 13-15 months.

[Zumbadaddy 57]

25 minutes ago, Family said:

I was hoping you had followed my advice to file the I-751 …hoping you are now doing just that. ..
I know you are frustrated…but focus energy on accepting the course of action MUST start w filing that I-751 today….once you do that then either do another boarding foil or head to MX San Diego border or Canadian 

 

 

About the time you told me to file it I had also filed the DS 160 and the 131 and then the State Rep told me not to file anything else until they hear back or we will confuse the system.

Yes I filed the I-751 yesterday.

[Zumbadaddy 57]

24 minutes ago, Family said:

Did you ask for USCIS to accept the late filing of I-751 in your cover letter? 

Our USCIS liaison advises that (Name Deleted) can file the I-751 retroactive.. and my cover letter is very extensive... probably going into more detail than needed but You never know what to leave out.  I feel like these people are idiots and you have to spell it out at a 5th grade level of reading.

12 minutes ago, Family said:

You cannot have her wait out the I-751 duration. The filing is meant to generate the receipt and extension. …and give some small ammunition to try and get her in the country , by land POE if necessary. 
 

The filing itself is not a total fix…you have to get her in 

What is land PEO?  in a landscaping truck buried under the dirt in a box coming in through Canada?

Edited March 22 by Crazy Cat