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nitelotus

Late for Filing I-751 form

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Hi there!

Hope someone can give light or share their experiences if they had gone through the same situation as me.

We just realized that we have failed to remove the conditions from my conditional greencard. It has been a couple of years since the deadline passed. We are now hurrying to fill up the forms and submit it along with the necessary documents.

Question:

1. Why do you guys include a cover letter with your submission? Is it so that the forms would look more formal and complete?

2. In the cover letter, should we include the reason why we are filing so late?

3. What would be the possible consequences since we filed so late?

I really don't want to get deported. I have been paying my taxes and has been employed properly ever since I got my greencard. I just made the mistake of forgetting about the conditional status.

If you have any ideas or thoughts, I would be glad to hear them. Thank you in advance!

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Forgot Completely? :wow:

If you do not have a very good explaination in your cover letter I think your ROC package will be rejected and sent back to you.

Good Luck.

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Filed: Citizen (apr) Country: Canada
Timeline

if you read the instructions, it says you lose your status and you are removable from the united states. I don't think you can get away with I forgot for 2 years to file my ROC.

http://www.uscis.gov/files/form/i-751instr.pdf

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent residence status as of the second anniversary of the date on which you were granted conditional status.

You will then become removable from the United states. If your failure was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of delay was reasonable.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Hi there!

Hope someone can give light or share their experiences if they had gone through the same situation as me.

We just realized that we have failed to remove the conditions from my conditional greencard. It has been a couple of years since the deadline passed. We are now hurrying to fill up the forms and submit it along with the necessary documents.

Question:

1. Why do you guys include a cover letter with your submission? Is it so that the forms would look more formal and complete? It is a personal preference to include a cover letter with petitions. Some include it for a more organized look.

2. In the cover letter, should we include the reason why we are filing so late? Yes, you definitely need to show good cause for not filing petition on time.

3. What would be the possible consequences since we filed so late? Worst case: deportation

I really don't want to get deported. I have been paying my taxes and has been employed properly ever since I got my greencard. I just made the mistake of forgetting about the conditional status.

If you have any ideas or thoughts, I would be glad to hear them. Thank you in advance!

This was taken from USCIS website:

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

* Your conditional resident status will automatically be terminated and we will begin removal proceedings against you

* You will receive a notice from us telling you that you have failed to remove the conditions

* You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Couple of years? And forgot?

In that case, I suggest a brand new AOS alongside a new I-130 and a new medical exam. Should be a good learning lesson for both of you. Lucky you weren't put in the removal proceedings yet, or have you?

ROC 2009
Naturalization 2010

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