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.