I-90(d) rejected

E

EB2orEB3

Registered Users (C)
My wife's green card arrived with incorrect gender as M. Her I-485 was filed with the correct gender. I filed I-90 with USCIS Texas Service Center with reason d as it was USCIS error. Today I recieved the I-90 back saying I should refile with reason e and filing fee of $370 as they processed the I-90 application and found that the information on the green card was correctly entered based on the provided information and they included a copy of the page from her original I-485 as evidence. This page which was the same as the one from the copy of I-485 I sent with the I-90 clearly shows the gender as Female. Hard to believe but they made the same mistake twice.

I am lost as to what I should do next. It took about 3 months for this response to the I-90. So should I resubmit the I-90 back and probably wait 3 more months not knowing the outcome. Should I just submit a new I-90 with the fee even though it was an USCIS error as this may bring this to a closure. Is this some thing that customer service phone line or an infopass appointment would help. It does not help that I never received a receipt number for the I-90.

Thanks in advance
 
So the copy of the I-485 they sent back has the correct gender. They are ridiculous. You have to try again ... next time send it with a cover letter and include a copy of the copy which they sent back.

They want you to file with another option instead of (d), because they want the fee.
 
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Sorry to hear about this. Perhaps you should try calling them? I know getting the right person would be a pain, but it may be worth the effort.


Good Luck!


Stoned.
 
EB2orEB3 said:
My wife's green card arrived with incorrect gender as M.
Her I-485 was filed with the correct gender.
I filed I-90 with USCIS Texas Service Center with reason d as it was USCIS error.
Today I recieved the I-90 back saying I should refile with reason e and filing fee of $370 as they processed the I-90 application and found that the information on the green card was correctly entered based on the provided information and they included a copy of the page from her original I-485 as evidence.
This page which was the same as the one from the copy of I-485 I sent with the I-90 clearly shows the gender as Female. Hard to believe but they made the same mistake twice.
--------------------------- if the I-485 copy has gender FEMALE on it then it is USCIS mistake again. Send the copy of I-485 again and if you have your wife EAD or AP copy send the copy to them(if info on EAD or AP was correct) and you need to explain that on form I-485 that you submitted her gender is FEMALE and on Card it is male so it is mistake of USCIS card production unit.

I am lost as to what I should do next. It took about 3 months for this response to the I-90. So should I resubmit the I-90 back and probably wait 3 more months not knowing the outcome.
---------------------that is up to you
Should I just submit a new I-90 with the fee even though it was an USCIS error as this may bring this to a closure.
--------------------------that is up to you
Is this some thing that customer service phone line or an infopass appointment would help.
--------------------------- Infopass can help if the officer at local office check her record in computer and can inform her if her info in USCIS record is Male or Female. If they refuse then your wife must ask for supervisor and explain the situation and should also inform that she filed I-90 and what response she got from Service center and what are her options. She should go with all the documents.
It does not help that I never received a receipt number for the I-90.

Thanks in advance
Click to expand...

She can also go to your congressman/ senator office and explain what is wrong and again USCIS is doing mistake. Give them evidence of her correct gender with copy of I-485 that was filed and provide what USCIS wrote to her after she filed her I-90. Write a cover letter with full details like her name, DOB, A# ,Copy of GC and Copy of I-90 that she filed.
 
This just occured to me.

Since you're a guy, and your wife's gender is being shown as MALE, does this mean that USCIS is now recognizing homosexual marriages?...:p


Stoned!
 
Thanks for all the responses. Based on the feedback it seems that refiling the I-90 with a cover letter explaining the situation seems to make sense. We are all set to refile but wanted to give infopass a try to see what they have to say. I will update if anything useful comes out of the infopass appointment.

Thanks again.
 
Highlight works anywhere but on your luck with USCIS - Don't use GENDER

EB2orEB3,

-> Do Highlight the Gender on I485 and have a Sticky Note Pasted and hanging at the right hand side of the 485 application, aligned to the Gender column. On the sticky note, clearly mention the error.

-> Don't use the word "GENDER". use much more poularly used and well known to USICS, the word "SEX", however it sounds ugly in the cover letter or any where. I did got RFE for I90 and I strongly beleive correcting GENDER to SEX made a difference.

-> Also, provide Birth Certificate, Passport or other documentation, where it states your wife is indeed Female. Highlight Gender and put a sticky note hanging at the right hand side .. next to it. Don't forget to write, evidance that she indeed is female.

Good luck. BTW, this is tensionless dealing and have fun.
 
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