Renato D

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Hi everyone, just wanted to share an update:
 
I reapplied for the I-751 in mid-July, very shortly after my initial application was not approved during the interview, which happened because my spouse couldn't attend. The inteview was scheduled for the beginning of April.
It went very smoothly — less than 15 minutes. The officer was surprised at how tough the previous interview had been.
I'm happy to share that my conditional green card has now been successfully removed, and I received my permanent one!
 
Thank you all so much for the support and the incredible value of this community.
Honestly, it's been more helpful than all the lawyers we consulted when trying to get the best information.

Thanks for the update.  I'm glad you got through this obstacle.

Congratulations......no more USCIS worries.
I strongly, strongly advise anyone with a pending I-751 to bring the US spouse to the N-400 interview!!!!!!  By policy, USCIS will deny both the I-751 and the N-400 cases where the US spouse does not appear for a combo/joint interview. 
 
 

For sure you have to go together, even if there is no I-751!
I just lost my N-400 application because my wife didn't go with me.
They did both interviews at the same time and we did not receive notification for ROC, where she should be present.

It cannot be. I-751 must be approved for N-400 to be approved. If you filed I-751 jointly, your US citizen spouse must come with you. There's a great chance USCIS will run interviews for both I-751 and N-400. If your spouse is not there, here is what may happen:
 
 
 
 

no, no, and no. Do not do this. You do not need to. 
 
 

No. You have a valid extension letter because your card expired less than 48 months ago. You are good to go. 
They wont even issue you with a stamp in your situation. 
 
 

The officers moods, feelings, what side of the bed they woke up on, or whether Dunkin’ was sold out of Boston Kremes that morning has zero bearing on the legality of your documentation and does not over-ride it. 

You are a lawful permanent resident. You have a valid I-751 48 month extension letter from a current & un-adjudicated I-751 filing, a card that expired less than 48 months ago, and you are not and have not been in removal proceedings, or have had a final order of removal ordered by an immigration judge. 

Even pre-contacting CBP will not make anything 100% as there is no guarantee you will talk to the CBP officer that will inspect you when you re-enter.  The CBP carrier guide clearly states what is acceptable to enter the US, and the expired GC and valid extension letter is on that list (I would make a copy of the extension letter as sometimes airline employees are unfamiliar with it and ask to keep a copy, also take the CBP carrier guide).  The worst I see happening is getting sent to secondary, but you are an LPR and your documents (proof of that status) are in order with the new I751 filing.
 
All that being said, I am always in favor of keeping my wife happy, so you can contact CBP before leaving if it makes her happy.  It may or may not raise any alerts, but in the end you are a legal resident.
 
Good Luck!
 
https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

With an expired Green card and a valid extension letter, I think you're fine.  You have not been placed in removal proceeding.

1.  I don't think that would be helpful.  There is no reason to raise their suspicions. In addition, every CBP officer has some individual discretion. 
2.  USCIS will not give you an ADIT stamp if you have a valid extension letter.

Thanks for replying, @OldUser and @mindthegap. I appreciated.
Also thanks for all comments, including @Crazy Cat and @Dashinka, with lots of information and help.
 
Two ideas are coming between my wife and I:
 
Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)? What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?  

Understandable.
However, your status has not been terminated. Your I-751 has been denied, and that is not the same thing.
An immigration judge (with a final order of removal), or you (via an I-407) are the only methods of terminating your LPR status.
 
That sentence applies if you, say, had a 48 month extension letter issued 12 months ago, but in the meantime you had been to court and the judge had terminated your permanent resident status with a final order of removal (or similarly you had missed a court date and a final order was made by the judge made in abstentia).
Under those circumstances, you would no longer be a permanent resident as your status would have been terminated, so the letter would not be valid as an extension, as there is nothing to extend. 
 
 
And yes, the denial letters are legally wrong which adds to the confusion for many, as those letters are frankly terrifying (and thats before they start accusing you of stuff in them with no basis for doing so).  It is something I have pointed out many times on here as a personal bugbear. 
Glad you got it refiled and have the receipt. Now try to put it out of your mind for a bit. Also consider filing the N-400 appeal or a fresh N-400 which should hopefully speed it up. 

LPR status can only be terminated by immigration judge, unless you file I-407 yourself.

It's within the paragraph section (b)(3) "Termination of status for failure to appear for interview."  
"The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived,"
 
Hopefully, there will be instructions on the denial notice if OP can write a letter.  Maybe the options are (not necessarily in this order):
 
A.  Write a detailed letter requesting a re-schedule
B.  I-290B
C.  Refile I-751
D.  Argue in removal court before an immigration judge

File an I-751 NOW. Like TODAY and overnight it with delivery by 9am. 
Just the form, the payment and a letter in requesting late filing. Forget the evidence for now, you can deal with that as soon as it is filed. You should get the text acknowledgement & receipt number within a couple of days, which you can give them as proof of filing. 
 
You MUST put a letter in, requesting a late filing. If you don't, it WILL be rejected. You have a reasonable excuse for the late filing, namely that you mistakenly filed an I-90 (include a copy of the receipt) and that you received no reminder to file an I-751 at any time - you need to write those things in your letter.  The onus is always on you to know what to file of course, but you filed an I-90 instead of an I-751 indicates that you intended to comply with what you thought was the requirements, and this should be an acceptable reason for late filing and you should receive the receipt soon. 
 
You can send/upload all your evidence later, but for now just get the form, payment, and letter in ASAP. 

Hello guys! I just want to know if this has happened to someone else and what was the timeline/waiting time for the case to be resolved.
 
My 2-year green card expired and I submitted the paperwork on June 24, 2022. It has been pending ever since (I have a 48-month extension letter). So, I applied for citizenship when I was eligible.
 
I had my N-400 interview yesterday (but I have an I-751 pending). Just in case that it was going to be a combo interview, I brought all of our evidence of bona fide marriage and brought my partner with me. However, when I told the officer about my pending I-751, he said this was going to be a N-400 interview ONLY and my partner couldn't be with me.
 
N-400 interview went well, the officer hardly asked me for any documents (interview notification and expired green card). Civic and English tests were easy, and after I passed everything the officer said they couldn't make a decision because I have the I-751 pending. He said that I am going to receive a N-14 form requesting more evidence or something, or telling me instructions for the next steps, etc.
 
My case has been pending since 2022! I had hoped the N-400 process was going to speed it up, but now I don't know. Has anyone experienced this? How long did it take for them to solve this bureaucratic bs?
I was hoping for a combo interview to get it over with oh well.
 
Now I don't know, if they solve the pending I-751, would I have to apply and pay for N-400 again?
 

Yes, many, many times, although for the last eight years it’s been a stamp for me instead of a letter as my card expired in 2015, but the same principal, you can travel without issue. 

Don’t worry about it - as above, despite what the letter says,  you remain a lawful permanent resident until an immigration judge says so (and that is a very long way away, if ever in your case). 
 

I would.  I don't think an I-290 would help.

Yes. If you receive NTA your legal bills will be way higher and it will take 3-6 years easily to remove conditions.

Yes. Within the next 45 days. If an NTA appears it appears, but filing quickly is your best bet to avoid that happening, for various reasons I won't bore you with.  
Make sure to put a (brief!) letter in on the top, stating it is not being filed late, it is being filed because your prior I-751 was erroneously. denied.
It will be accepted.
Once accepted you will receive a new extension letter with a new receipt number, which is the one you use from then on.  
 
 
Technically you can still travel now, but I would not - I would wait until you have filed a new one and you have the new receipt/extension in hand from that.
 
 
 
 
Now, here is the thing...once you have filed a new I-751, you are back in I-751 pending status, basically the same as you were before the interview. Therefore, after you file the new I-751 (assuming you do that fast enough), I would suggest considering also filing the N-336 for an N-400 appeal, or a fresh N-400.
This is because the denial of your N-400 was based solely on the denial of your I-751 (which they refer to as termination of your permanent residence, which is utterly factually and legally incorrect), which happened solely because your wife wasn't at the interview.
They can't deny a new N-400 without either denying your new I-751 or conducting either separate or a combo interview...so either way they have to review it. So if you file an N-336 or an N-400 AFTER you have filed a new I-751, you may well find yourself at another N-400 combo interview sooner rather than later.
 
 
 
 
And yes, you remain a permanent resident until an immigration judge says so. Try not to worry too much, it will get sorted out - eventually. 
 
 

Sure, here is the revised version:
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Crazy Cat,
I was rethinking everything from the very beginning, and I realized that I am assuming (but not sure) that I received the first interview notice. After that, I definitely received the second notice (see picture) saying the office was going to be transferred to another one. Whether I received the appointment notification is a supposition at this point.
 
During the interview, under such pressure, I couldn't realize the confusion regarding the notifications. The IO, during the interview, printed the first interview notice and gave it to me. But after a while, she was looking at my documents and said, "this is what I am looking for...", which I now assume was the appointment notification. By the way, she kept the original document.
 
Anyway, the solution is what you are suggesting: file the I-751 again. No lawsuit.
For me, I was waiting for the interview, considering the confusion about the letters. And you know, USCIS help by phone is a waste of time...
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