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

[Lemonslice 4,922]

Maybe @jan22 could help OP by explaining the best way to proceed.  

[Zumbadaddy 57]

1 hour ago, 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).  

I live in Fort Lauderdale... that's a long drive...lol

[beloved_dingo 1,979]

42 minutes ago, 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.

@Zumbadaddy This is what you need to do. Conditional permanent residents (those with a 2 year green card) are required to file for Removal of Conditions to receive their 10 year green cards, not I-90.  Your problem is now compounded because you need to get her back home and she needs to file ROC as soon as possible. 

 

If you look at the USCIS page to file the I-90 online, it says this:

It is very clear about this, more than once. 

This is an unfortunate mistake. If a proper I-751 had been filed, she would have received a 48 month extension letter long ago. 

[Crazy Cat 41,985]

1 hour ago, OldUser said:

Who told you this? Somebody from USCIS over the phone?

I speculate she received the letter that some conditional green card holders get 90 days prior to expiration to remind them to file the I-751.  

[Boiler 45,761]

34 minutes ago, Zumbadaddy said:

I live in Fort Lauderdale... that's a long drive...lol

To Japan?

[SalishSea 17,980]

2 hours ago, Zumbadaddy said:

What's LPR?

 

This is the 1st I'm hearing of this.

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

[minivatreni 193]

4 hours ago, Boiler said:

To Japan?

No to Canada to get her via car and then drive into the US together

[minivatreni 193]

6 hours ago, Zumbadaddy said:

1st she was issued a 2 year green card- 01/03/2020- 01/03/2024, then as we were told 90 days before the expiration to apply for the permanent so we applied for the permanent and while it was being reviewed she got the I-90 with a 12 month extension, 12 months later she got another I-90 with a 24 month extension, that expired this past January 3, 2024 exactly 2 years from the expiration date of the original green card.

 

Your next milestone: receive your case decision.

Time until decision:

approx. 6 months

You can run into serious issues if she doesn't file the I-751, Petition to Remove Conditions on Residence. 

 

Why did you never do this? Are you unaware of the USCIS procedures? This may look irresponsible in the eyes of the USCIS. Hopefully it doesn't jeopardize too much. 

[Family 4,065]

1. File an I-751  NOW. You can have wife sign and email you the signature page…scanned copy of her signature is fine .
Cover Letter requesting it be accepted as Late Filed due to Compelling Circumstances. Acknowledge you misunderstood and Show you mistakenly filed I-90 and your evidence of joint life.
Do not write about her being stuck outside in the filing .

2.‘In a few days or a couple of weeks , you should have the Receipt Notice/ Extension Letter. 
‘Get that letter across to her and have her try boarding. ..if they refuse , then file I-131 A boarding foil .

 

 

 

 

 

 

[SteveInBostonI130 3,471]

10 hours ago, Zumbadaddy said:

My wifes green card expired 1/03/2022.  The 2 year Extension I-90 expired 1/03/2024.  

 

 

 

I hope you guys filed the I-751 and not the I-90.

[jan22 3,056]

16 hours ago, Lemonslice said:

Maybe @jan22 could help OP by explaining the best way to proceed.  

Thanks for the vote of confidence, but this is not exactly within my area of expertise, as it involves the USCIS side of the process.

 

IF the I-751 was filed, earlier posts on the procedures to obtain a boarding foil are, to my knowledge, the best way to proceed if the plan is to fly from Japan into the US.  If it was NOT filed, I will leave it to others to assist, as anything I said would be pure speculation and not necessarily helpful or accurate!

[Zumbadaddy 57]

On 3/8/2024 at 4:08 PM, Crazy Cat said:

Agree 100%.  This is fixable, but with some explaining to USCIS.

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.

[Crazy Cat 41,985]

2 minutes 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.

Thanks for the update. Question:  Did she ever file an I-751?  If not, she needs to get it done asap.   

5 minutes ago, Zumbadaddy said:

they told us to file a DS-160

Why a DS-160?  

[Boiler 45,761]

32 minutes 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.

What did you tell them she had filed?

[minivatreni 193]

1 hour 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.

Before anything, you have to file the I-751 ASAP!!