Steve154

A few days ago, my wife filed the I-90 extension since her permanent residence card is expiring in March 06. However, 2 days ago, she found her original paperwork which stated she needed to remove the condition on her conditional status (I-751). We’re currently in the process of gathering the requisite information.

Meanwhile, my wife called immigration and after talking to 3 people, they advised that she should file as soon as possible and immigration would realize the error and refund the I-90 fee.

I tend to agree with their advise but has anyone run into this before? Is there anything else we should do? Can we run into any unforeseen problems?

Thanks in advance.

Steve

nettlebed

How much longer than 2 years is it since she was issued the provisional GC?

Rete

She has up until the expiration of her current green card/residency to file (90 days and less prior to its expiration) for the removal of conditions.

Normally the 1-800 misinformation number is better than useless but they seem to have this somewhat correct. The USCIS should recognize the err in her filing but I doubt they will refund the fee. The fee is for adjudication of the process and a denial/rejection is adjudication.

Rete

Steve154

it's within the 2 year period. We were married in May 2003 and her provisional GC is dated March 04 thru March 06.

nettlebed

OK, so you should be fine, though as Rete says, you'll be doing well if you get the fee back...

Steve154

Thanks for the help - if it turns out differently, I'll post. Steve

Hypertweeky

I am not trying to jinx the OP but I have the feeling USCIS is not going to refund the fee, that miss-information line is the worst

jeninifer

A refund!? Pfft... how do you think they give out holiday bonuses?

If they give you a refund - I'll make out with Rete.

;o)

Rete

Ahhhh, excuse me? But do I have a say in this? '-)

Hypertweeky

I am afraid not.. hahaha!
http://smileys.smileycentral.com/cat/1/1_4_65.gif