My wife's daughter brought her husband over here (I-130) after successful Consulate Interview on June 23rd, 2021. On June 24th we used USCIS address change tool to change his address as we had moved since the application. They said to expect his green card in 90 days. It never arrived so we filed an I-90 (green card replacement form in October 2021) and selected the never received option which does not require payment of I-90 filing fee. Over the past 3 years we spoke with them and they finally told us his green card was delivered to our old address, is considered lost/stolen and we had to refile another I-90 and pay the fee. Two weeks ago we received an RFE (request for evidence) which demanded we prove his green card was never delivered. According to USCIS the card is "delivered" if it is not returned to USCIS!
In a last ditch effort I scoured my emails for any hint that we could prove our position. We found an email from USCIS with a confirmation number from June 24th, 2021, proving we filed a change of address on June 24th, 2021 which is a full 35 days before the card was mailed to our OLD ADDRESS!
The USCIS website states, "If you moved to a new address prior to your Permanent
Resident Card being mailed and did not change your address with USCIS, your Permanent Resident Card
is presumed lost/stolen."
By virtue of the email receipt we proved we had changed his mailing address a full 35 days before it was mailed in compliance with their requirements.
The USCIS website also states filing a change of address, "This meets the
legal requirement to notify USCIS of a change of address."
Our official response was a letter signed from him stating we followed all of your requests, submitted a timely address change which was acknowledged by USCIS with a confirmation code. We reminded them we followed all of their requirements, changed our address in a timely manner, but USCIS mailed the original (wrong) address anyway and demand we prove it was not delivered!
This morning we received a message from USCIS that "We have approved your Form I-90 Application to Replace Permanent Resident Card, Receipt Number IOEXXXXXXXXXX, On September 10, 2024, We ordered a card to be produced. We will mail your card to the address you gave us.
We are elated! we called them out on their requirements and received this amazing news this morning.
We are with you in this struggle! My wife, Natalya and I, will celebrate 10 years on 9/15/2024 since we met online and we are still on our honeymoon! If you have love you have everything! You need nothing more!
"Ask and you shall receive" are not words! They are THE LAW!!!!!!"