Filed I-751 late, now what?

[Meadros 0]

My wife and I filed out I-751 a month after our 2nd anniversary. Yes, I should have been paying better attention. I take full blame for the oversight. That being said, we got it mailed in. Any suggestions about what we can do, or any information about what we're in for, or what is likely to happen, would be appreciated. We haven't received a Notice of Action letter yet, as we mailed it on 7-20-09 and they received it at the CSC on 7-21-09. I called the USCIS, and they gave me some general information, but also said that they make their decisions on a case-by-case basis. It's going to be a few anxious weeks until we get the NoA, and I'm worried that it will only get worse after that.

[milimelo 4,548]

You sent in the I-751 a month after what anniversary? If wedding, it will be returned back to you. If 2nd anniversary of the GC then you will have to wait and hope they accept your application.

[john_and_marlene 162]

My wife and I filed out I-751 a month after our 2nd anniversary. Yes, I should have been paying better attention. I take full blame for the oversight. That being said, we got it mailed in. Any suggestions about what we can do, or any information about what we're in for, or what is likely to happen, would be appreciated. We haven't received a Notice of Action letter yet, as we mailed it on 7-20-09 and they received it at the CSC on 7-21-09. I called the USCIS, and they gave me some general information, but also said that they make their decisions on a case-by-case basis. It's going to be a few anxious weeks until we get the NoA, and I'm worried that it will only get worse after that.

Don't be surprised if the petition is returned because it was sent to EARLY. Your second wedding anniversary is NOT the date the lifting of conditions is based on. The earliest you can submit it is 90 days before the expiration of the conditional resident status (2 years of being a resident--not 2 years married).

[csoul 0]

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[mozplay 29]

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[Meadros 0]

Sorry about not filling out my timeline better. I did put a few dates in it. I'll see if I can add a few more from memory. Her green card expires on Dec 20, 2009, but our 2 year anniversary was last month.

[arch and cel 0]

My wife and I filed out I-751 a month after our 2nd anniversary. Yes, I should have been paying better attention. I take full blame for the oversight. That being said, we got it mailed in. Any suggestions about what we can do, or any information about what we're in for, or what is likely to happen, would be appreciated. We haven't received a Notice of Action letter yet, as we mailed it on 7-20-09 and they received it at the CSC on 7-21-09. I called the USCIS, and they gave me some general information, but also said that they make their decisions on a case-by-case basis. It's going to be a few anxious weeks until we get the NoA, and I'm worried that it will only get worse after that.

Heres the complete info regarding your question hope it helps

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also 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 (the USCIS is not responsible for proving that you did not comply with the requirements).

You will NOT be sent any reminder to file this petition from USCIS. Per the USCIS

Good luck!

[john_and_marlene 162]

You submitted too early then. The earliest you can submit the lifting of conditions is Sep 21.

[milimelo 4,548]

May want to change the topic to Filed I-751 waay too early, now waiting for it to be returned to us

[NArocks 13]

It will be returned to you and you can re file on Sept 21, 2009

[Chica Yeyé 41]

Sorry about not filling out my timeline better. I did put a few dates in it. I'll see if I can add a few more from memory. Her green card expires on Dec 20, 2009, but our 2 year anniversary was last month.

You did not submit late; rather too early. They will return your application; and then you will resubmit end of september.

[Meadros 0]

I thought that it was based on the date of our wedding, and not based on the date on her card. If it's based on her card, then I don't have to deal with this for another 2 months. Those USCIS forms and webpages could certainly stand to be more clear.

Thank you all. I've never been so glad to be wrong about something.

Edited July 22, 2009 by Meadros

[Chica Yeyé 41]

I thought that it was based on the date of our wedding, and not based on the date on her card. If it's based on her card, then I don't have to deal with this for another 2 months. Those USCIS forms and webpages could certainly stand to be more clear.

They are pretty clear actually. From the I-751 instructions:

If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires

[milimelo 4,548]

I thought that it was based on the date of our wedding, and not based on the date on her card. If it's based on her card, then I don't have to deal with this for another 2 months. Those USCIS forms and webpages could certainly stand to be more clear.

Did you not read the instructions? It's rather simple wording: Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

Does not say 2nd wedding anniversary at all. Conditional resident status means when she got her green card.

[Meadros 0]

I thought that it was based on the date of our wedding, and not based on the date on her card. If it's based on her card, then I don't have to deal with this for another 2 months. Those USCIS forms and webpages could certainly stand to be more clear.

Did you not read the instructions? It's rather simple wording: Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

Does not say 2nd wedding anniversary at all. Conditional resident status means when she got her green card.

Well, I read them, but I didn't understand them correctly, it seems. Thank you for clarifying. I'm very relieved that I'm only an idiot about small things, and not about larger things.