GC expired yesterday, what to do?

[Xsoldier2000 0]

We submitted the I-90 form as my wifes GC was about to expire. After waiting and waiting, we got a biometrics appointment in Boston today. Turns out we filed the wrong form, we needed to file the I-751 to lift the conditional status of her current GC. (We didn't know about that, and honestly we thought the hard part was over after the AOS. We thought we just had to renew the GC and wait until she can file for citizenship.) Big mistake on my part.

I've got a serious problem. Because we waited for this biometrics appointment and because we filed the form to replace a GC (mind you, we were thinking we submitted the correct form as her card was expiring...) Turns out, her card expired yesterday.

What kind of trouble are we in? Should we go ahead an send out the I-751 packet to Vermont and hope for the best? I'm kind of scared now, after reading we might have to go to a hearing.

Please let me know...I don't think I'll be sleeping tonight because of this.

[mawilson 2,133]

What kind of trouble are we in? Should we go ahead an send out the I-751 packet to Vermont and hope for the best? I'm kind of scared now, after reading we might have to go to a hearing.

Yeah man. File the I-751 as soon as possible, attach an explanatory statement and hope for the best.

If it's only a few days late, it shouldn't be a problem.

[Scalpel 14]

We submitted the I-90 form as my wifes GC was about to expire. After waiting and waiting, we got a biometrics appointment in Boston today. Turns out we filed the wrong form, we needed to file the I-751 to lift the conditional status of her current GC. (We didn't know about that, and honestly we thought the hard part was over after the AOS. We thought we just had to renew the GC and wait until she can file for citizenship.) Big mistake on my part.

I've got a serious problem. Because we waited for this biometrics appointment and because we filed the form to replace a GC (mind you, we were thinking we submitted the correct form as her card was expiring...) Turns out, her card expired yesterday.

What kind of trouble are we in? Should we go ahead an send out the I-751 packet to Vermont and hope for the best? I'm kind of scared now, after reading we might have to go to a hearing.

Please let me know...I don't think I'll be sleeping tonight because of this.

I don't think you're in a big trouble if you quickly send out the correct form (I-751) with the correct fee including the required supporting evidence. Be sure to include a short letter, explaining the delay (it's OK to say that you guys got confused and filed the wrong form), asking them to excuse the delay. Also be sure to include copies of the I-90 and all other correspondence(s) from the USCIS that you received following that filing as evidence of your attempt to file for removal of conditions within the correct time frame.

But understand that until your wife receives a notice of action and/or the letter extending her permanence residence pending approval of the application, it'd be a good idea for her to stay out of trouble with the law because technically she's out of status right now and that alone will make her subject to deportation if caught on the wrong side of the law.

Well, I hope you can sleep easy now (although you might have to sleep a few more days on the couch...lol). Good luck and I hope everything works out for you guys.

Edited February 9, 2008 by Scapel

[Jasman0717 9]

Send the form with your explanation

[Xsoldier2000 0]

Thank you all, we are putting the package together today, Sat. and will send it registered mail Monday morning.

Luckily, we just bought a new sofa....it should suffice for a few more days.....

Thanks everyone. I will keep you updated.

[Peter T 0]

But understand that until your wife receives a notice of action and/or the letter extending her permanence residence pending approval of the application, it'd be a good idea for her to stay out of trouble with the law because technically she's out of status right now

You're right, the wife is out status, until the application is filed. But when USCIS accepts the delayed application, e.g. by cashing the check, I would assume that the wife is in status again. (The NOA is just a written proof of your status, not the status "generator".)

[noone 0]

But understand that until your wife receives a notice of action and/or the letter extending her permanence residence pending approval of the application, it'd be a good idea for her to stay out of trouble with the law because technically she's out of status right now

You're right, the wife is out status, until the application is filed. But when USCIS accepts the delayed application, e.g. by cashing the check, I would assume that the wife is in status again. (The NOA is just a written proof of your status, not the status "generator".)

Not quite. He's wife is technically not out-of-status. She is still a permanent resident until USCIS says she's not anymore. Not filing I-751 on time does not automatically make person subject to deportation, again until the USCIS says you have to leave in XXX days or Immigration Judge decides otherwise.

[Xsoldier2000 0]

Ok, one more question... all I'm finding on-line of an example cover letter is for a JOINT petition...(ie, both husband and wife have an Alien #)

Am I wrong in filling this I-751 out? This is only for my wife, I am a US citizen by birth.

Do I just edit the JOINT petition cover letter to fit my needs?

[eau_xplain 2]

The I-751 is a JOINT petition by the USC spouse and the immigrant spouse. Both of you should sign the form.

For the cover letter, I've seen cases where both signed while in others only the immigrant spouse signed.

[Xsoldier2000 0]

Thanks eau_, we're going to move ahead with this.

[Scalpel 14]

Not quite. He's wife is technically not out-of-status. She is still a permanent resident until USCIS says she's not anymore. Not filing I-751 on time does not automatically make person subject to deportation, again until the USCIS says you have to leave in XXX days or Immigration Judge decides otherwise.

So where did you get this information?

I'd say it again, failure to file within the 90-day window technically puts the conditional resident out of status and may subject them to deportation. Section 216.4 of the Immigration and Nationality Act lays this out in plain language. Part of it reads:

"Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States."

Read Section 216.4 of the INA here.

[Xsoldier2000 0]

I will have to agree with you Scapel. My wife hasn't ever gotten into trouble with the law, here or in her own country. But I'm still going to be on pins and needles until we hear some sort of answer. (Here's wishing it's a GOOD answer.)

I am going to post our attempted explanation letter we sent with the packet:

Dear USCIS examiner:

I am attempting to send this letter to explain why we are sending this I-751 Petition to Remove Conditions on Residence form outside of the required 90 day window prior to my wife’s (Name) Conditional Status expiring.

On July 7, 2007, we mailed the N-400 form and packet for Citizenship, but unfortunately, we had miscalculated the time line for submitting that package. We received the rejected package back on Nov. 10, 2007.

Then we submitted the I-90 for replacing the Permanent Resident card on Jan. 14, 2008. We received the receipt for the I-90 on Jan. 18, 2008. (Copy of receipt is provided.)

On Jan. 28, 2008 my wife received an appointment slip for a biometrics appointment for

Feb. 8, 2008. We were thinking she would be receiving the stamp to extend her Green Card at that time as that was the date her Green Card expires.

Upon going to that appointment we were informed we had filed the wrong form and to immediately submit the I-751 with this explanation letter attached.

Enclosed also please find the following documents to verify the times and forms we have submitted:

• Copy of the application N-900 with rejection stamp.

• Copy of the rejection letter from the N-400 packet.

• Copy of the web page receipt of e-submitting the I-90.

• Copy of the receipt and biometrics appointment slip for form I-90.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements. Please advise me if you have any further questions or problems related to this petition.

________________________________________________________________________________

_________________

Here's hoping this will be enough to allow them to proceed with this I-751. We were 3 day after the 90 days in which to file, so we'll see. (Man, there's a lot of paperwork to get together. Coordinating people to sign the affidavits was the worst.)

Wish us luck!

[eau_xplain 2]

Good luck!

Don't worry too much though. I've seen one VJ member who submitted their I-751 months after the conditional GC expired (because they forgot) and they were granted the 10-yr GC without a problem. I hope your case will go the same way.

[Xsoldier2000 0]

Thanks eau_. I also hope we get the same understanding reviewer as the one you mentioned did....

I'm a worrier by nature. Things that I can possibly fix/work on kills me at night. So you know, I only got 2 hrs of sleep last night. It's now 2:30pm and I feel like crawling under my desk for a nap A LA Costanza on Seinfeld.

Will keep you updated.

And thanks to all.

[Scalpel 14]

The letter could be better but it addresses the main points and explains the delay so no worry. And since time is of the essence, get the other materials together as quickly as you possible and send everything in with the correct fee. If you file everything correctly and in good time, I don't forsee any troubles. Keep us posted and let us know how this turns out...and ah, I hope you transition from couch back to bed soon.

Now, listen up USCIS, I am Scapel and I endorse XSoldier's letter!

I will have to agree with you Scapel. My wife hasn't ever gotten into trouble with the law, here or in her own country. But I'm still going to be on pins and needles until we hear some sort of answer. (Here's wishing it's a GOOD answer.)

I am going to post our attempted explanation letter we sent with the packet:

Dear USCIS examiner:

I am attempting to send this letter to explain why we are sending this I-751 Petition to Remove Conditions on Residence form outside of the required 90 day window prior to my wife’s (Name) Conditional Status expiring.

On July 7, 2007, we mailed the N-400 form and packet for Citizenship, but unfortunately, we had miscalculated the time line for submitting that package. We received the rejected package back on Nov. 10, 2007.

Then we submitted the I-90 for replacing the Permanent Resident card on Jan. 14, 2008. We received the receipt for the I-90 on Jan. 18, 2008. (Copy of receipt is provided.)

On Jan. 28, 2008 my wife received an appointment slip for a biometrics appointment for

Feb. 8, 2008. We were thinking she would be receiving the stamp to extend her Green Card at that time as that was the date her Green Card expires.

Upon going to that appointment we were informed we had filed the wrong form and to immediately submit the I-751 with this explanation letter attached.

Enclosed also please find the following documents to verify the times and forms we have submitted:

• Copy of the application N-900 with rejection stamp.

• Copy of the rejection letter from the N-400 packet.

• Copy of the web page receipt of e-submitting the I-90.

• Copy of the receipt and biometrics appointment slip for form I-90.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements. Please advise me if you have any further questions or problems related to this petition.

________________________________________________________________________________

_________________

Here's hoping this will be enough to allow them to proceed with this I-751. We were 3 day after the 90 days in which to file, so we'll see. (Man, there's a lot of paperwork to get together. Coordinating people to sign the affidavits was the worst.)

Wish us luck!