Last-Minute Filing a Big Problem?

[MmeZeeZee 0]

I mixed up the date for my husband's I-751 so I ended up filing it just two days (sent priority mail) before his conditional residence ended (as per effective date). He also NEVER received a green card even though he applied for a replacement because he was working in another country at the time, so he couldn't do the second biometrics. So we had to send in copies of the extended endorsement of his visa instead. Now I'm terrified- first of all, does the date of the postmark count for anything? Second of all, will they have in their records that we reported that the green card was lost? And if not, and they return it, does that mean we are late?

My husband had planned on joining the military- when do you think that we will get a receipt? If he gets denied can he re-apply with them? I feel like such an idiot. Can I call anyone and file something for a belated extension?

Thanks in advance for any support you can give...

[ManuFred 10]

I mixed up the date for my husband's I-751 so I ended up filing it just two days (sent priority mail) before his conditional residence ended (as per effective date). He also NEVER received a green card even though he applied for a replacement because he was working in another country at the time, so he couldn't do the second biometrics. So we had to send in copies of the extended endorsement of his visa instead. Now I'm terrified- first of all, does the date of the postmark count for anything? Second of all, will they have in their records that we reported that the green card was lost? And if not, and they return it, does that mean we are late?

My husband had planned on joining the military- when do you think that we will get a receipt? If he gets denied can he re-apply with them? I feel like such an idiot. Can I call anyone and file something for a belated extension?

Thanks in advance for any support you can give...

It's not exactly clear to me when you filed your application, is this just two days ago or is this longer ago? Also, what was the purpose for the 2nd bio, this application perhaps?

[russian_armenian 4]

By rules, there is a 60 day grace period. So, if you sent I-751 up to 60 days after experation of CLPR status, you should be fine. You can read it in field adjudicator's mannual on USCIS web (I dont remember chapter-related to conditions removal).

I mixed up the date for my husband's I-751 so I ended up filing it just two days (sent priority mail) before his conditional residence ended (as per effective date). He also NEVER received a green card even though he applied for a replacement because he was working in another country at the time, so he couldn't do the second biometrics. So we had to send in copies of the extended endorsement of his visa instead. Now I'm terrified- first of all, does the date of the postmark count for anything? Second of all, will they have in their records that we reported that the green card was lost? And if not, and they return it, does that mean we are late?

My husband had planned on joining the military- when do you think that we will get a receipt? If he gets denied can he re-apply with them? I feel like such an idiot. Can I call anyone and file something for a belated extension?

Thanks in advance for any support you can give...

[MmeZeeZee 0]

Thanks SO much ManuFred and russian_armenian (sorry can't see your signatures here in the reply area) for your replies.

Re: ManuFred's questions:

I sent the document USPS priority mail on the 7th. His residence started on the 9th two years ago. So that is calling it close, but it was postmarked before the two-year anniversary. I finally got to a person at USCIS who did say that it is the postmark, not the time they receive it, that counts. So, that is good!!! But she also sounded kind of stupid so I got her number in case she was wrong.

The second bio was because he was supposed to get a replacement green card. We HAD to apply for the replacement to extend the endorsement on the document that he does have, which is just the visa sticker in his passport. So he had to pay the fee for the bio, but he never went to it because he had to leave the country to go back to work (he worked in aid in Afghanistan at the time). So he never got the replacement card. And now he hasn't been here long enough to get the second green card, which seemed pointless since his endorsement was for as long as the green card would have been.

Re: r_a's point:

Wow, so really, you technically have 90 days before and 60 days AFTER the expiration of your conditional residence, to file? How can that be? I have never heard of that... but that gives me a lot of hope.

Thanks again to both of you for taking the time to reply. I really appreciate it.

It's not exactly clear to me when you filed your application, is this just two days ago or is this longer ago? Also, what was the purpose for the 2nd bio, this application perhaps?

[russian_armenian 4]

Yes, the adjudicator's mannual (the Bible for IO) specifies 60 days grace period-only after 60 they can start removal process. If I am not mistaken, it actually requires USCIS to send a remind letter to the address on file-to remind to remove conditions on PR status. But I doubt that they do sent letters since at AOS interview they swore all that we were notified that we have to send I-751 at 2 year anniversary. The mannual has quite a few paragraphs on 60 days and process. I have heard before but was surprised to read it.

By the way, there is no grace periods on RFE or other types of applications (I have not read about it, at least). So, if RFE docs sent 1 day late, they can deny petition.

Thanks SO much ManuFred and russian_armenian (sorry can't see your signatures here in the reply area) for your replies.

Re: ManuFred's questions:

I sent the document USPS priority mail on the 7th. His residence started on the 9th two years ago. So that is calling it close, but it was postmarked before the two-year anniversary. I finally got to a person at USCIS who did say that it is the postmark, not the time they receive it, that counts. So, that is good!!! But she also sounded kind of stupid so I got her number in case she was wrong.

The second bio was because he was supposed to get a replacement green card. We HAD to apply for the replacement to extend the endorsement on the document that he does have, which is just the visa sticker in his passport. So he had to pay the fee for the bio, but he never went to it because he had to leave the country to go back to work (he worked in aid in Afghanistan at the time). So he never got the replacement card. And now he hasn't been here long enough to get the second green card, which seemed pointless since his endorsement was for as long as the green card would have been.

Re: r_a's point:

Wow, so really, you technically have 90 days before and 60 days AFTER the expiration of your conditional residence, to file? How can that be? I have never heard of that... but that gives me a lot of hope.

Thanks again to both of you for taking the time to reply. I really appreciate it.

It's not exactly clear to me when you filed your application, is this just two days ago or is this longer ago? Also, what was the purpose for the 2nd bio, this application perhaps?

[MmeZeeZee 0]

Interesting. I saw that they had to send the reminder, but yeah, they did not send us jack! I do not know what the RFE is... sigh. Thanks again.

Yes, the adjudicator's mannual (the Bible for IO) specifies 60 days grace period-only after 60 they can start removal process. If I am not mistaken, it actually requires USCIS to send a remind letter to the address on file-to remind to remove conditions on PR status. But I doubt that they do sent letters since at AOS interview they swore all that we were notified that we have to send I-751 at 2 year anniversary. The mannual has quite a few paragraphs on 60 days and process. I have heard before but was surprised to read it.

By the way, there is no grace periods on RFE or other types of applications (I have not read about it, at least). So, if RFE docs sent 1 day late, they can deny petition.

Thanks SO much ManuFred and russian_armenian (sorry can't see your signatures here in the reply area) for your replies.

Re: ManuFred's questions:

I sent the document USPS priority mail on the 7th. His residence started on the 9th two years ago. So that is calling it close, but it was postmarked before the two-year anniversary. I finally got to a person at USCIS who did say that it is the postmark, not the time they receive it, that counts. So, that is good!!! But she also sounded kind of stupid so I got her number in case she was wrong.

The second bio was because he was supposed to get a replacement green card. We HAD to apply for the replacement to extend the endorsement on the document that he does have, which is just the visa sticker in his passport. So he had to pay the fee for the bio, but he never went to it because he had to leave the country to go back to work (he worked in aid in Afghanistan at the time). So he never got the replacement card. And now he hasn't been here long enough to get the second green card, which seemed pointless since his endorsement was for as long as the green card would have been.

Re: r_a's point:

Wow, so really, you technically have 90 days before and 60 days AFTER the expiration of your conditional residence, to file? How can that be? I have never heard of that... but that gives me a lot of hope.

Thanks again to both of you for taking the time to reply. I really appreciate it.

It's not exactly clear to me when you filed your application, is this just two days ago or is this longer ago? Also, what was the purpose for the 2nd bio, this application perhaps?

[Ngoc-Anh 1]

as far as I remember it is 90 days before your expiration day of your conditional GC (2-year)

[Kathryn41 3,205]

From my reading of the Adjudicator's Manual, the 60 days is discretionary, not absolute. It depends on the reasons you give for filing late but it is still up to the adjudicator to decide whether to accept the reason and the late package. If there is no filing by 60 days after the green card expiry they are supposed to start removal procedures, so you don't want to file late hoping it will be accepted. Whether or not a late file will be accepted is up to the decision of USCIS and they may say no. We did have an applicant here who filed late and his file was not accepted. I haven't heard what they have done since. Postal marked two days before expiry should be fine, but if for some reason they sent it back (ie. wrong fee, etc.) you could have problems if you cut it too close to the line. Once you receive your NOA extension letter you know they have accepted the package.

[russian_armenian 4]

With USCIS everything is possible-denial could be at any step for a reason we would not believe. I would say that in most situations they would accept slightly late applications. But everything...

Just have read about court battle in 2001. A regular person (comp. programmer at Microsoft) was stripped of citizenship (not misteked-- she has already been a naturalized citizen not merely a GC holder)...because according to USCIS files, N-400 petion had an old address and she supposetly has not notified of a new one. She claimed she did; she won but it took 3 years of courts/appeals.

The other guy was denied citizenship due to many speeding tickets and court upheld the decision. By rules, speeding tickets (if not DUIs) are exempt even from reporting to USCIS...But I would say it is not a rule, rather exeptions (but they create a precident).

From my reading of the Adjudicator's Manual, the 60 days is discretionary, not absolute. It depends on the reasons you give for filing late but it is still up to the adjudicator to decide whether to accept the reason and the late package. If there is no filing by 60 days after the green card expiry they are supposed to start removal procedures, so you don't want to file late hoping it will be accepted. Whether or not a late file will be accepted is up to the decision of USCIS and they may say no. We did have an applicant here who filed late and his file was not accepted. I haven't heard what they have done since. Postal marked two days before expiry should be fine, but if for some reason they sent it back (ie. wrong fee, etc.) you could have problems if you cut it too close to the line. Once you receive your NOA extension letter you know they have accepted the package.

[MmeZeeZee 0]

The one thing I still do not understand is whether they go by the postmark date or the date the package arrives in their box. Like, if I send it and it takes a week to get there but I sent it six days before the date required, is it still late by one day, or early by five days?

You know?

Ultimately we did not get a reminder OR the first green card in the mail, and we don't know the reasons for either, but lack of a concrete date beyond one of many stamps was the reason for the mistake.

I don't want to depend on a discretionary period- I'd rather get a lawyer now and talk about their failure to notify us or to tell us what to look for in the mail (how should I know what a green card looks like? I thought it was the sticker in his passport) so that we could get that sorted earlier.

Thanks to all that replied, though.

From my reading of the Adjudicator's Manual, the 60 days is discretionary, not absolute. It depends on the reasons you give for filing late but it is still up to the adjudicator to decide whether to accept the reason and the late package. If there is no filing by 60 days after the green card expiry they are supposed to start removal procedures, so you don't want to file late hoping it will be accepted. Whether or not a late file will be accepted is up to the decision of USCIS and they may say no. We did have an applicant here who filed late and his file was not accepted. I haven't heard what they have done since. Postal marked two days before expiry should be fine, but if for some reason they sent it back (ie. wrong fee, etc.) you could have problems if you cut it too close to the line. Once you receive your NOA extension letter you know they have accepted the package.