Filed I-751 late, now what?

[john_and_marlene 162]

Those USCIS forms and webpages could certainly stand to be more clear.

The instructions for the I-751 are not unclear. They very clearly spell out exactly when you should file. They say nothing about wedding anniversaries.

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 conditiional resident status. This is the date your conditional residence expires.

[Dakine 26]

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.

You are lucky you don't have your act together!!

Pays off sometimes.

[jcrom 2]

Hello everyboyd, buddy, I don't know how it passed that BIG DETAIL FOR YOU. Anyway, I can try to give you what I think and I have heard (I'm not a lawyer, SO PLEASE CONTACT A LAWYER OR A PERSON WHO IS PARALEGAL WITH EXPERIENCE ON THESE IMMIGRATION ISSUES ANYWAY). What I know is that you HAVE to show to immigration that it was a big big reason or inconvenient that you don't submit those papers or I -751 on time. You have to show them that let's say for example: you or your wife suffered an accident or any kind of big problem that you have the physical excuse to probe it, but of course, it has to be something very strong and convincing. I think that automatically USCIS is going to send you a kind of letter of filling out of time and maybe your petition I751 is going to be DENIED. You have one resource I think is an appeal NOTICE OF APPEAL OR MOTION I-290B FORM, that you have to file, so USCIS reopens your case, of course, like everything in USCIS, they are going to charge you an expensive fee of $585, you know how is all the things in USCIS. I have heard that after that you can try to reopen your case and try to solve the case, but of course, DO NOT DO ANY MISTAKE AGAIN OR YOUR CASE OR PETITION IS OVER. I repeat you, consult with an attorney, I'm not pretty sure, but please HURRY UP! OR EVERYTHING IS LOST. Immigration likes to assume that if you didn't filled out the I-751, they assume your case is weak or false, or maybe you or the person interested on GREEN CARD prefers to not to come to live here in the U.S. I think that maybe you and your wife are going to be appointed again to an interview in USCIS service center that you live closed from. I wish you my best wishes, PLEASE DO NOT SLEEP WITH YOUR CASE, I TELL YOU LIKE THE SAYING IN SPANISH, THE SHRIMP THAT GOES TO SLEEP, THE RIVER CURRENT DRAGS HIM AWAY!, THANKS

[ready4ONE 5,400]

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.

Better early than late! Good luck filing in September!

[flutter95 4]

Hello everyboyd, buddy, I don't know how it passed that BIG DETAIL FOR YOU. Anyway, I can try to give you what I think and I have heard (I'm not a lawyer, SO PLEASE CONTACT A LAWYER OR A PERSON WHO IS PARALEGAL WITH EXPERIENCE ON THESE IMMIGRATION ISSUES ANYWAY). What I know is that you HAVE to show to immigration that it was a big big reason or inconvenient that you don't submit those papers or I -751 on time. You have to show them that let's say for example: you or your wife suffered an accident or any kind of big problem that you have the physical excuse to probe it, but of course, it has to be something very strong and convincing. I think that automatically USCIS is going to send you a kind of letter of filling out of time and maybe your petition I751 is going to be DENIED. You have one resource I think is an appeal NOTICE OF APPEAL OR MOTION I-290B FORM, that you have to file, so USCIS reopens your case, of course, like everything in USCIS, they are going to charge you an expensive fee of $585, you know how is all the things in USCIS. I have heard that after that you can try to reopen your case and try to solve the case, but of course, DO NOT DO ANY MISTAKE AGAIN OR YOUR CASE OR PETITION IS OVER. I repeat you, consult with an attorney, I'm not pretty sure, but please HURRY UP! OR EVERYTHING IS LOST. Immigration likes to assume that if you didn't filled out the I-751, they assume your case is weak or false, or maybe you or the person interested on GREEN CARD prefers to not to come to live here in the U.S. I think that maybe you and your wife are going to be appointed again to an interview in USCIS service center that you live closed from. I wish you my best wishes, PLEASE DO NOT SLEEP WITH YOUR CASE, I TELL YOU LIKE THE SAYING IN SPANISH, THE SHRIMP THAT GOES TO SLEEP, THE RIVER CURRENT DRAGS HIM AWAY!, THANKS

The OP is not late, the OP in fact applied way too early and does not need to file until September.

[Chris-n-Veronica 0]

We just got a notice to file..Must be something new............

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!

[bbzhel 0]

I remember the time when I was interviewed. He said that If we file too early they will accept the money and it is non refundable and that we should file it within 90 days before your GC expires.... the fee is a lot and it hurts knowing what happened... ouch! the gov't got a free money.