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Complicated case/ Tier 2 officer recommended to apply I-751 Removal of conditions

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Filed: AOS (apr) Country: Philippines
Timeline

Hi. My case is quite complicated. I need an advice from anyone who knows what course of action I and my husband should take the best. 


here's my timeline:

my husband petitioned me through K1 visa. I got here in the US on January 2019. We got married on January 12 in Mississippi, but we moved right after the wedding in California. We applied AOS twice. The first application was failed but that's another long story. Fast forward of September 2019 we submitted my 2nd AOS application, with a co-sponsor this time. November 2019, we received RFE, we sent them all the needed documents and waited. While we're waiting we were residing in Sacramento,CA until 2020. We never received anything from USCIS around those times. I always make sure I updated them when we moved to a new address. Fast forward, on March of 2021 we have to moved to a different state in Mississippi due to financial issues living in CA. We stayed at my husband's grandparents (fyi-his grandpa co-sponsor me on my application) we stayed there for about 7 months. During our 7 months stay there on June 2021 I received a mail from USCIS, an interview date and location where. I got interviewed by a consular officer in New Orleans and then on  June 17 2021 my interview was completed (based on my USCIS account timeline). The interview went really well. August 4th of 2021 (on my notice of action) they approved my AOS.
We are married for over 2 yrs when I got approved. We were expecting to receive a 10 yrs greencard.
 

Very confused why my greencard is only 2 years, not only that but also another error my greencard is only valid for one year.  
my greencard details:
CF1
- Card Expires: 08/04/22
- Resident since: 08/04/20 


So That same month August 2021 we filed I-90 application form. But I got denied 26 months later.  

On the mail, dated Oct 20,2023, denial letter of my I-90 application. 

 

On the letter says,

"USCIS RECORDS SHOW THAT YOU WERE GRANTED CONDITIONAL PERMANENT RESIDENT STATUS ON AUGUST 4TH 2020 THROUGH A QUALIFYING MARRIAGE TO A US CITIZEN OR LAWFUL PERMANENT RESIDENT. PLEASE ADVISE THAT INDIVIDUALS WERE GRANTED CONDITIONAL RESIDENT STATUS THROUGH MARRIAGE MUST FILE FORM I-751 PETITION TO REMOVE THE CONDITIONS ON RESIDENCE WITHIN THE 90 DAYS PRIOR TO THE EXPIRATION DATE OF THEIR CONDITIONAL PERMANENT RESIDENT STATUS, TO PETITION FOR THE REMOVAL OF THOSE CONDITIONS...." 

This statement is wrong. Now, in the letter also mentioned about a motion to reopen or reconsider my case. Unfortunately, we failed to do that within the timeframe. I was very depressed, between this denial letter and losing my dad. Anyway 


As of today, USCIS Tier 2 officer called me, it was more or less 10 mins call, but basically after explaining my case, I was put on hold for a few mins and then he said my greencard was approved on Aug. 4th 2020, and said I should apply for I-751 form removal of conditions and I'll include all the supporting documents or evidence, I said I was not approved on 2020, but I got approved on Aug 4th 2021 (I have the notice of action and all to proved that) He goes on saying I should apply for removal of conditions. So for my understanding I think by applying they'll correct the mistakes happened on my case.
 

We were told before by people here who are knowledgeable on Visa Journey, applying a form I-751 will only make my case even worse.

We can't re-apply a form I-90 because my greencard was long expired. Does hiring a lawyer our last resort? 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline

***Old topic removed in lieu of this one active one***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline
6 minutes ago, emcios said:

We can't re-apply a form I-90 because my greencard was long expired.

As @OldUser suggested in your old post, did you include a copy of marriage certificate and a copy of the I-485 approval with the I90 (showing the I-485 was approved more than 2 years after your marriage)?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Philippines
Timeline
11 minutes ago, Crazy Cat said:

As @OldUser suggested in your old post, did you include a copy of marriage certificate and a copy of the I-485 approval with the I90 (showing the I-485 was approved more than 2 years after your marriage)?

Honestly don't remember everything 2+yrs ago, but I'm positive I included a copy of everything needed. 

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1 hour ago, emcios said:

Honestly don't remember everything 2+yrs ago, but I'm positive I included a copy of everything needed. 

It's a good idea to always keep copies of everything you ever submitted to USCIS. If not physical, at least digital.

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Filed: Citizen (apr) Country: Taiwan
Timeline
2 hours ago, emcios said:

Honestly don't remember everything 2+yrs ago, but I'm positive I included a copy of everything needed. 

You moved around a lot.  Why would they issue a card with  Resident since: 08/04/20 ?  There must be a reason.

1.  Are you sure they didn't approve the 1st I-485?

2.  When did you file the second I-485?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Philippines
Timeline
5 hours ago, Crazy Cat said:

You moved around a lot.  Why would they issue a card with  Resident since: 08/04/20 ?  There must be a reason.

1.  Are you sure they didn't approve the 1st I-485?

2.  When did you file the second I-485?

for sure something went wrong, it could be related on my first AOS application. 

100% sure, we received a letter of denial on my first application. we were living in Vallejo, CA that time, year 2019 

our second application, I checked my notice of action , it was received by USCIS on Sep. 30, 2019 

On march 2020 we moved in Sacramento, CA and the next year March 2021 we moved in Mississippi.

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I don't have much info here my only suggestion to you is to keep the information about your case brief and on point. It's hard to really follow your case as there is so much irrelevant (to USCIS or Lawyer) info. I would look at this way:

  1. You applied for AOS on xyz date and it seemingly got rejected (hopefully there is a rejection letter)
  2. You applied again and it got approved (with the approval date and such)

While the moving part and grandparents co sponsor is important often times explaining the whole situation to another person may seem confusing and hard to follow. I understand it may be stressful and you want to give more information to the person you are seeking advice from but it can confuse someone who probably has other stuff on their mind and is trying to get to the bottom of your situation. The move dates and living with others are important but I would focus on interactions with USCIS followed by dates and forms and then maybe tell the whole story after they realize what is going on. Wish you all the best

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Filed: AOS (apr) Country: Philippines
Timeline
1 hour ago, A110 said:

 

  1. You applied for AOS on xyz date and it seemingly got rejected (hopefully there is a rejection letter)
  2. You applied again and it got approved (with the approval date and such)

While the moving part and grandparents co sponsor is important often times explaining the whole situation to another person may seem confusing and hard to follow. I understand it may be stressful and you want to give more information to the person you are seeking advice from but it can confuse someone who probably has other stuff on their mind and is trying to get to the bottom of your situation. The move dates and living with others are important but I would focus on interactions with USCIS followed by dates and forms and then maybe tell the whole story after they realize what is going on. Wish you all the best

 

I appreciate your advice and opinion, but the last time I posted (in my husband's account) some people want more info. 

Yes, my first AOS application was denied with the letter received in the mail on 2019. 

 

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3 hours ago, emcios said:

 

I appreciate your advice and opinion, but the last time I posted (in my husband's account) some people want more info. 

Yes, my first AOS application was denied with the letter received in the mail on 2019. 

 

It wasn't really about info but somehow being able to follow your case. I understand that this situation can be overwhelming and hard but I just thought proving your case to an outsider in an easier to understand and chronological flow would definately help you especially in dealing with USCIS. Best of luck

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