Hello
We got in to a tricky situation with regards to my Wife's I-751 filing. We got married on May 2019 and I was an LPR at that time( Have become a citizen March 2021), We filed our Wife's Green card and she got her's approved on December 2020. However since our marriage was less than 2 years, We were expecting to get a 2 year card, But we got a 10 year card. We raised this issue to the USCIS by filing a I-90 petition on May 2022 citing that we have a 10 year card and it should really be a 2 year card. We did check with our attornery and he said that it should be ok since there have been instances of people being granted a 10 year visa even with less than 2 years marriage and it was sufficient if we raise the alleged USCIS error.
Last week, We got a decision notice in the mail stating that the I-90 was denied since USCIS did not have a record of us filing the I-751, We should have filed I-751 on December 2022, But we missed it because of this incorrect interpretation. We reached out to the attorney and explained the situation and he said, Since we filed the I-90 and he had clients file I-751 late, We can file it now with the situation and an explanation letter, We did that promptly with a ton of documents explaining our marriage is genuine and how we have established our lives together from December 2020 and the reason for the late filing with a lenghty apology letter explaining our incorrect interpretation. Although while reading through this forums, it seems like this has happened on more than one occasion, we are bit anxious about the whole situation. We have travel coming up shortly, which I'm not sure we can plan until we get a resolution here.
Any experiences of a similar scenario might be helpful. Thanks much
-GV