What is residency status after conditional green card expired and i90 name change denied?

sam20390

sam20390

New Member
hey folks, would appreciate some insight
I am a US citizen and got married in 2019. My wife came to US in 2020 and received conditional green card in Mar 2021. However, the green card had a typographical error and we were told by USCIS customer service to fill out I-90 requesting name change. Today, I saw on USCIS status site that I90 was denied.
Feb 2020 - submitted application for spousal green card
Mar 2020 - biometrics for I485?
Mar 2021 - interview
Mar 2021 - received conditional green card with typo
Mar 2021 - submitted I90
Oct 2021 - biometrics for I90
Mar 2021 - received stamp
Oct 2022 - received stamp, took away physical green card at the office
Sep 2023 - I90 denied
Late last year, we called USCIS whether we need to fill out I751 and were told no since we dont have a physical copy and I90 is pending. Since the stamp is expiring in Oct 2023, we called a few weeks back and were told to expect a phone call for an appointment. Today we found out that I90 was denied.
I researched online and it seems that I90 for conditional green card gets denied as we need to fill out I751. But we were following USCIS instructions. Also, I751 needs to be filled out before conditional green card expires which it did in Mar 2023.
We called USCIS to get details on denial but were told that they are not authorized to disclose and to wait for notice. I know I need to wait for notice but since we are travelling, we wont be able to read the notice anytime soon and are concerned about the status and what will happen next. Can we appeal? Will we still receive call to renew stamp? Should I fill out I751? Should I get a lawyer?
 
She should file I-751 now. A joint I-751 filed late needs "good cause" to be accepted. She should state what you described above (she had a pending I-90 and was given incorrect information about not needing to file I-751) as the cause, and hope that they will accept that.
 
We will keep I751 ready and file it as soon as we read the denial letter to make sure that I751 is the reason. Or do you think we can file now? We will write a letter explaining in detail the timeline and why we didn't file I751 before the conditional green card got expired. It will be difficult to prove that we were following USCIS customer service instructions.

I found this site where it says that if I751 is not filed after 60 days of its expiration, USCIS might issue a Notice to Appear. We never got this notice, does this mean our 60 days starts from today?

If you fail to submit Form I-751, the USCIS Service Center will generally wait 60 days after the conditional residence has expired to give you a final chance to file the petition. If you still fail to submit the petition after the 60 day period, then there’s a possibility that you will be issued a Notice to Appear, which initiates removal proceedings (otherwise known as “deportation”).
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She should file I-751 no matter what, even if the I-90 was not denied. So she doesn't need to read the I-90 denial.

Don't worry about the Notice to Appear if she doesn't get it. If she gets it, she can file I-751 with the immigration judge in removal proceedings.
 
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