HUGE MISTAKE. PLEASE HELP

[Pris 0]

Hi all,

I need your advice and need to know if there were similar cases like mine. I just received my application back from the UCIS with a reject notice for LATE FILING. Initially I thought to myself that this is a mistake until I read the instructions again 'Filling jointly...must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident'. I thought that we have 90 days to file it after my residency card expired (in my mind i thought it was similar like the fiance visa). It was a honest mistake from our part, I totally misread the instruction.

I need to know what I have to do now. Please help! UCIS said '...may not accept a petition after the second anniversary unless it is acompanied by a written statement establishing that the failure to file the form in a timely manner was beyond the control of the alien. If you wish to request that the tardiness be excused, you may resubmit the petition with such statement and any supporting evidence'. Do we need to get the services of a lawyer?

Please help, help! It is getting so stressful now. Need your support.

Thanks,

Priscille

[NigerLA 1]

Definately the services of a lawyer may be your best option. You might be lucky enough to get it reopened with the services of an attorney.

All the best.

[mbmw 0]

How late were you?

I was 3 days late and they accepted it!

Good luck

[wannabe_texan 0]

Always wise to consult an attorney, meanwhile prepare grovelling letter saying that you misunderstood the instructions and are extremely sorry etc etc. My guess is they will process it eventually, at the service center manager's discretion.

[cc2cuz 0]

My brother missed his deadline too. He wrote them a letter explaining that around the due date his whole family had gotten real sick, to the point that they had to fly in a relative to take care of the family. Because of all the stress that was going on at the time he had completely forgotten about the deadline. He wrote a letter explaining this and they accepted his case. He didn't use a lawyer, but I know of another friend that missed his deadline, I don't really know why he missed it, but I know that he hired a lawyer and they eventually accepted his case as well.

[Pris 0]

Thanks for all your replies! I eventually managed to get the services of a lawyer and she has been very helpful in drafting declaration and statement for myself and my husband the same day to explain for missing the deadline. She even gave us her residential address so we can drop the documentations the following day (since we were going on holidays for 1 week and we have already planned it in advance). Otherwise we would have to cancel the whole trip. Of course, her services were not that cheap but it was so worthy especially in times like this.

Per the lawyer's advice, we have added some more proofs and she has even sent the package directly to UCIS. So now it is waiting time. Hopefully like you guys said, the director will accept our application 'at his/her discretion'.

[rebeccajo 14]

Thanks for all your replies! I eventually managed to get the services of a lawyer and she has been very helpful in drafting declaration and statement for myself and my husband the same day to explain for missing the deadline. She even gave us her residential address so we can drop the documentations the following day (since we were going on holidays for 1 week and we have already planned it in advance). Otherwise we would have to cancel the whole trip. Of course, her services were not that cheap but it was so worthy especially in times like this.

Per the lawyer's advice, we have added some more proofs and she has even sent the package directly to UCIS. So now it is waiting time. Hopefully like you guys said, the director will accept our application 'at his/her discretion'.

Um....I hope your holiday is not outside the US.............

[queendlee 1]

i would suggest just trying the letter option and sound as honest as possible, but if you are not sure, hire an attorney