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?
