Embassy say 751, USCIS say 130. Remove condition

[cloudbuster 0]

I started one in the gereral immigration forum, but it seem this is a more appropiate place for this topic.

http://www.visajourney.com/forums/topic/429078-embassy-say-i-751-uscis-say-i-130/

Copy paste from my 1st post:
_______________________________________________________________________

Hi im a US citizen im going trough this issue:

My now wife came to the US with a K-1 fiancee visa we got married and did all the paperwork.
We have a US citizen son together.
Because she was not sure of the expiration Month on the green card I told her to make an appointment using the Infopass in USCIS so she did, she when to the appointment and talked to the Officer he look at her card and told her the expiration Month was October.

So after all that in March she flew out of Texas heading to Peru. In May on the airport in Peru they told her the card is expired so she and my son have to stay in Peru. Next day I called USCIS and told the 1^st person than answer the phone the situation she transfer me to an Officer. Explained my situation He say she need to file at the Embassy in Lima I-90 with the receipt she can leave the country. I believe I forgot to tell him she is a conditional residence.

Next day she when to the Embassy and they told her that I needed to file I-751 and with the letter receipt that USCIS would send me I would have to mail that to her and the Embassy would give her a pass or something like that to be able to leave. This same day I called again USCIS talked to another Officer this time she say I need to file I-130 and start all over again the process.

This sound insane now we are at fault but in 1^st place we did the right thing she headed to the local USCIS to confirm the expiration on her Green card and she was told October. But the Officer read the days wrong, the expiration was January. So we were waiting until July to file the removal of condition since it have to be done in the 90 day window.

Now what to do she was told at the Embassy Lima to tell me to file the I-751 but the same day the USCIS Officer told me to file I-130 not the I-751.

Thanks for your time reading my case.

________________________________________________________________________

The GC has an expiration date right on there. Can your wife read? Because there is nothing to interpret. The expiration date is right there. On the card.

But anyway. Her Conditional GC is now expired and she is abroad. Since she failed to file to remove conditions her LPR status has been revoked. But , you can file I-751 late if you attach a letter explaining the reason for late filing. If your explanation is accepted, then you will get a letter that extends the validity of her GC and she can come home.

If your reason is not accepted, then you will have to start over with a new spousal visa, started by filing a I-130 petition from scratch.

I posted the law and a link to it in this thread. http://www.visajourney.com/forums/topic/428522-forgot-to-remove-condition-on-my-permanent-resident-card/

My reply:

Yes we can read like I said she got an info pass just to make sure the expiration month the USCIS officer told her October.
That why we don't file on time waiting until August or so for the 90 day window for the October month she was told.

I'm just not happy I dont know the officer that told her that. Do they have any record on when you go to a info pass appointment. In the USCIS local office.

Update:
Working on the letter to go with the 751, also I be calling some of the free advise attorneys and see what they tell me.

Anyone knows if USCIS keep record for InfoPass appointments. That way I can include the Officer name and exact date when she was told wrong. Green card Exp say 01/10/13. She when to the appointment in September 2012. As you can see we have plenty of time but because they told her October we were waiting. Now it seems that we are at fault.

Don’t know what option to choose on the 751 Part 2 Basic for the Petition, in this case. Any advise.

The Embassy told her they would give her a transportation letter after I file the 751 and send her the receipt.

[Inky 1,111]

The appointment is logged in their system yes. You can include the name and info of the infopass meeting. But they do not log what is said at the meeting. It will turn into a he said / she said issue as to what went on in the interview. Unless said person is willing to stand up for this and say they made a mistake.

[bigdog 376]

I thnk an immigration attorney would be in order, not DIY at this point. I would tend to go by the expiration date on the green card, file your I751 immediately and see if the receipt letter works at the embassy. You should have filed 90 days prior to the expiration date. I am supprised the airline allowed her to fly on an expired GC. Filing Date Calculator Your I751 is based on marriage.

[cloudbuster 0]

What would be the best option to get the log of my wife appointment, make an appointment and go talk to someone at the Office request to talk to the Officer in charge?

Yes she flew out of El Paso TX, they looked at her Residence Card, the American airlines personnel issuing her the boarding tickets, and also the TSA officer before you go in line to get screened for contraband into the plane.

The Green card is her only US ID, she dont have a driver license.

I called the only Immigration Attorney I could find in my area using google. He was not in, Secretary say He will call me back.

It seem that people say look at the Exp. day yes she did, it only say numbers it get confusing as to which one is the day or the month, that why she got the Infopass in the 1st place to verify.

[Shelly11 14]

OMG I feel bad for you and want to show support. In many other countries 01/10/12 is October 1st but in the US it is January 10th. I can see how she good confused or did not doubt the USCIS agent that told her october.

The USCIS should have sent you a letter advising your wife that a ROC was needed. I got one about 3 months before my GC expired.

Its only been a few months so you are not to badly off. There are people who go years without ever realizing that an ROC was required.

I would file an i-751 and include an explanation letter for the late filing. I think your wife and the USCIS agent read it wrong - october not january. If they accept it good. If not, then I would imagine you would have to start the whole process over by filing an i-130. I really hope they approve the i751.

I would also consult an attorney. Consultations are usually free and you can find out a lot. All the best

[cloudbuster 0]

Thank you for your words Shelly11.

Something else to add that I almost forgot:
First I would get a clarification from my mother but I believe it was Late February early March when she came to visit us and then we headed to Mexico and came back through a POE no issues there. Like I said at that time we dint know her card was already expired and it seem the Custom Officer though it was October also since they let us back in the USA no question ask beside the purpose of the trip and if we are bringing anything with us.

Im sure they have record of that entry.

Should I add this to the letter?

I will update on this as soon as I get in contact with my mother to verify the day on her itinerary.

Wow this is driving me crazy.

[cloudbuster 0]

I dont see the Edit to add more to the same post.

Update yes my mother confirm she visit us from Feb 20 2013 to March 13. And in between those days we visited Mexico including my wife. And came back trough the POE. Since my wife dont have a US Passport her only way in is with the Resident Card so thats what she gave the Officer. He must have tough the expiration day was also October. Since he let her in the USA with the expired card.

Well lets not forget the Immigration checkpoints. yes we pass a few time through them.

As you can see this whole day format is confusing.

How is my case looking now?

I wish USCIS would change the way they do the issuing and expiration day to this format: JAN/10/2013 there is no way to misread that, I mean no way.

[VanessaTony 3,567]

I'm sorry but it's really hard for me to understand how, in a country where the dates are written mm/dd/yy that you didn't know...

That said, technically the officer could have been right. Her window DID open in October, the expiration date being Januaray (so October 90 days before). So depending on if you asked "when should I file?" it sounds like you misunderstood.

You're 4 months late and your explanation quite honestly sounds really idiotic, though I think you'll probably be fine. I would mention the trip to mexico with the card expired and no-one there mentioning the card as being expired, as well as the infopass.

File asap. Better to get an interview or RFE then wait longer.

[Harpa Timsah 13,258]

I'm sorry but it's really hard for me to understand how, in a country where the dates are written mm/dd/yy that you didn't know...

That said, technically the officer could have been right. Her window DID open in October, the expiration date being Januaray (so October 90 days before). So depending on if you asked "when should I file?" it sounds like you misunderstood.

You're 4 months late and your explanation quite honestly sounds really idiotic, though I think you'll probably be fine. I would mention the trip to mexico with the card expired and no-one there mentioning the card as being expired, as well as the infopass.

File asap. Better to get an interview or RFE then wait longer.

Good point Vanessa. I also think the office told her to file in October.

[cloudbuster 0]

Hi, I see is hard to understand let me explain I come from a Hispanic background and my wife from the same we use different method for days months.

That why I told her go to the local USCIS to find for sure.

No she never asked about when to file as we know is in the 90 day window before expiration.

Pretty much only asked for expiration.

Our communication at this time is slow her being in another country.

You guys think our chance to get approve is really low?

Like I said up to this point we have always done everything by the law, were are now paying for some officers mistake at this point.

Quite some people had her card at some point well after Jan 2013 when the card was expired and nobody notice WHY? Did they think the same? That the card was going to expire in October?

I just asked my wife for more details on her appointment at the local USCIS, as soon as she reply I will update.

[caly 48]

So sorry to hear about your situation, OP. As someone who moved here 1.5 years ago, I do understand first-hand how dates in a different format can sometimes be confusing! Unless you regularly have to read/write dates in the mm/dd/yy format, it really doesn't become second-nature. It still takes me a brief moment to figure out dates printed in that format, and then an extra moment to double-check that I'm interpreting the date using the right format.

While I can see how USCIS might argue that the USC spouse should have been able to figure it out and avoid this mess in the first place, hopefully for your wife's sake, they will be able to look at it from the recent immigrant's point of view and accept your late filing (especially since it was compounded by the fact that you may have been misinformed by USCIS).

The advice you have been given so far is spot-on... especially what V&T said about filing asap instead of waiting longer.

Best wishes.

[newlyweds2010 208]

Do you remember when your wife obtained her conditional GC in the first place? Was it October or was it January (of what year, in either case)? Also, and most importantly, what is the date printed on the card? If the GC says "Expiration 01/10/2013", then it means it expired last January, there is not much to interpret there. Also, at the AOS interview the immigration officer would give you a piece of paper saying something like "remember to remove conditions on your Green Card. The earliest you can do so is ___________. This is the only notice you will receive (although some, not all, get a reminder in the mail)". Do you have that paper? To make things worse, the USCIS will not be held accountable for "inaccurate" (i.e. wrong) advice on the card expiration, because their position will be that your wife has the duty to figure it out herself. Sorry fo this situation, wish you guys the best.

[VanessaTony 3,567]

Our communication at this time is slow her being in another country.

You guys think our chance to get approve is really low?

Like I said up to this point we have always done everything by the law, were are now paying for some officers mistake at this point.

Quite some people had her card at some point well after Jan 2013 when the card was expired and nobody notice WHY? Did they think the same? That the card was going to expire in October?

I actually think your chance for approval, or at least acceptance is pretty good. It's 4 months, which seems long but isn't really that bad in the grand scheme.

You need to file ASAP. In the cover letter/letter of explanation mention that she is currently trapped outside the US and that's how she found out about the date. Hopefully you'll at least get an acceptance in 2 weeks or so and then she can apply for a travel letter from the embassy to get back to the US and wait out the processing.

Alternatively they'll reject/deny the I-751 for late filing and revoke her LPR status. You would then need to file an I-130 to apply for a spousal visa for her. Good news is she will end up with the 10 year card when that's all said and done, bad news is she will need to stay there while it's processing (unlikely they'll let her in before that, immigrant intent being too high).

Either way you will be together again.

[cloudbuster 0]

Thank you all for all the support in some way or another.

Update: Today my mother found the receipt of the supermarket store in her bag from that day we visited Mexico. Don’t ask me why she was holding that, good thing now for sure I know the day we traveled outside of the USA it was February 26 2013 or 26/02/13 as show the receipt. As you can see it was way past the January expiration day on the Card and she was allowed back in the USA. I personally gave the Custom Officer my mother my son and my US Passport along with my wife Green card.
Like I mentioned earlier she flew from El Paso Airport to Dallas International. TSA dint say a thing.

It is coincidence all those Government Official look at her Green card and no one notice it was expired? I just can’t believe this. Along with the Agents in the Immigration Checkpoints on the highway.

Also I was able to chat with my wife some more and I asked her to write everything she remembered from that day appointment in the USCIS.

Here how it goes more or less:

Wife: She headed to the window and handed a letter she receive and her Residence Card,
she tell the Officer I thought the Card would expire in October.

Officer: Look at the card and letter, and say yes it will expire in October.

Wife: So that means im good
Officer: Yes, remember to file 90 days before the expiration.

Wife: Yes that’s what I read, so around Jun or somewhere close to that time.

Officer: Yes, then he gave her the card and letter. Along with the 751 paperwork.

Newlyweds2010: No I don’t remember exactly when she receive the card in fact I was not home that time frame as I was deployed in Afghanistan.

Let say they don’t accept the letter would they return the money order or keep it?

Lawyer office haven’t call me back I will call back and see.

Im collecting all the documents I can at this time as im not home, Im at my parents house as we were suppose to meet here to spend my vacations and then head back home.

Vanessa&Tony: Your last post put a smile on my face, "Either way you will be together again"
as im so stress out right now is not even funny.

[newlyweds2010 208]

Thank you all for all the support in some way or another.

Update: Today my mother found the receipt of the supermarket store in her bag from that day we visited Mexico. Don’t ask me why she was holding that, good thing now for sure I know the day we traveled outside of the USA it was February 26 2013 or 26/02/13 as show the receipt. As you can see it was way past the January expiration day on the Card and she was allowed back in the USA. I personally gave the Custom Officer my mother my son and my US Passport along with my wife Green card.

Like I mentioned earlier she flew from El Paso Airport to Dallas International. TSA dint say a thing.

It is coincidence all those Government Official look at her Green card and no one notice it was expired? I just can’t believe this. Along with the Agents in the Immigration Checkpoints on the highway.

Also I was able to chat with my wife some more and I asked her to write everything she remembered from that day appointment in the USCIS.

Here how it goes more or less:

Wife: She headed to the window and handed a letter she receive and her Residence Card,

she tell the Officer I thought the Card would expire in October.

Officer: Look at the card and letter, and say yes it will expire in October.

Wife: So that means im good

Officer: Yes, remember to file 90 days before the expiration.

Wife: Yes that’s what I read, so around Jun or somewhere close to that time.

Officer: Yes, then he gave her the card and letter. Along with the 751 paperwork.

Newlyweds2010: No I don’t remember exactly when she receive the card in fact I was not home that time frame as I was deployed in Afghanistan.

Let say they don’t accept the letter would they return the money order or keep it?

Lawyer office haven’t call me back I will call back and see.

Im collecting all the documents I can at this time as im not home, Im at my parents house as we were suppose to meet here to spend my vacations and then head back home.

Vanessa&Tony: Your last post put a smile on my face, "Either way you will be together again"

as im so stress out right now is not even funny.

OK. What is the expiry date printed on the card? Can you write it exactly as it appears on it? Is it possible that it says "10/01/2013" (meaning "October 1st"), and that some moron at the place she is trying to leave from read it as January 10th? Before you file anything, I would try to find out whether the card has indeed expired. As you said, I can't believe that nobody (USCIS, CBP at the border, CBP at the checkpoint) noticed that.