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Filed: K-3 Visa Country: Tonga
Timeline
Posted

Ok. I filed I-751 last year for my husband, he went and got fingerprinted etc Then our CHECK bounced. I still do not have the money to file for his case. Is it too late? Is there a waiver? Would they let me still file a I-751 for him. The bill is now in collections. Please is there is anyone who can guide me in getting his status back.

Thanks

Filed: AOS (apr) Country: Philippines
Timeline
Posted

only way to get his "status" back is to file the form...

You may file this petition at any time after you are granted conditional resident status and before you are removed.

If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status. You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

YMMV

Posted

and if you wait to long, he forfits the GC and will be sent to deportation proceedings.

(removal of conditions has a time sensitive window)

What happens if I am late in Applying to Remove the Conditions on Residence?

If you fail to timely file the Form I-751 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 that removal proceedings be started against you. At this point you will receive a notice from the USCIS advising you that you failed to remove the conditions from your residence, and you will also receive a Notice to Appear at a deportation hearing. At the hearing you may review and rebut the evidence against you, including filing a Form I-751, if you have a valid reason for failing to timely file. You are responsible for proving that you complied with the requirements of the law, i.e., the USCIS is not responsible for proving that you did not comply with the requirements to remove the conditions.

The Form I-751 can be filed after the 90-day period. You have to submit a written statement to the director of the Service Center to prove that there was good cause for failing to file the I-751 petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

even though you filed you have not completed the I-751 stage as there were no funds to cover the check. You also state it is in collections since last year? I think you may need to try and contact an attorney as this will be a lot more costly than you think. Borrow the money somehow to cover the check ASAP

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


 
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