didn't notify change of address, didn't file i751 on time :(

[Chica Yeyé 41]

Don't rely on hope or on what we, simple mortals, tell you. Schedule an Infopass appointment as soon as possible. Have you contacted the Lima Consulate yet? What did they say? You need to move fast.

I know, I just don't want to feel so lost. Embassy said if she shows the letter (with the 12 month extension) she can get a letter authorizing her to travel. but since our troubles are two-folded (with the change of address thing) I'm not sure about what to do next. I'm about to head out to see an attorney

Have you made the InfoPass appointment? That is better done before any lawyer visit.

[lailaa 0]

If they start all over the process again, doesn't she get 10 years card since they were married more then 2 years?

[rodrigo79 0]

If they start all over the process again, doesn't she get 10 years card since they were married more then 2 years?

yes she would, it wouldn't be conditional anymore AFAIK, but I don't want to be 6-12 months without my wife!

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham, and a very honest and to the point letter explaining why we didn't file in due time. I talked to customer service (on the phone) with USCIS, made infopass appointment, consulted with as many friends who've been in the same position as possible and even talked to a couple of immigration attorneys and have spent countless hours on this website and googling in general.

We'll take our chances and see how it plays out. Worst case scenario I have to file for I130, have to be without the love of my life for about 6 months (hopefully no longer than that) and will be out of almost $600 (for this filing, not counting I130 which I think is about $350 now), but worst things have happened in life. We'll see.

I want to thank you ALL who took the time to respond to my post and share your knowledge and experiences, I will post my results as soon as I know what's up.

Edited August 13, 2009 by rodrigo79

[Brother Hesekiel 2,235]

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham . . .

Are you insane?

If I was the IO, and I got a package the size of a phone book from you, I would deny working on the case just because I don't appreciate someone trying to drown me in totally unnecessary paperwork. If you can't prove that your marriage isn't a sham by providing the usual documents, I'd be suspicious, very suspicious. Your problem is not proving that the marriage isn't a sham; your problem is for USCIS to accept your extremely late filing. It won't help to piss them off. Less is often more.

[Chica Yeyé 41]

If they start all over the process again, doesn't she get 10 years card since they were married more then 2 years?

yes she would, it wouldn't be conditional anymore AFAIK, but I don't want to be 6-12 months without my wife!

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham, and a very honest and to the point letter explaining why we didn't file in due time. I talked to customer service (on the phone) with USCIS, made infopass appointment, consulted with as many friends who've been in the same position as possible and even talked to a couple of immigration attorneys and have spent countless hours on this website and googling in general.

We'll take our chances and see how it plays out. Worst case scenario I have to file for I130, have to be without the love of my life for about 6 months (hopefully no longer than that) and will be out of almost $600 (for this filing, not counting I130 which I think is about $350 now), but worst things have happened in life. We'll see.

I want to thank you ALL who took the time to respond to my post and share your knowledge and experiences, I will post my results as soon as I know what's up.

1. 100 pages is insane and they will throw the whole package back at you.

2. Remember the I-751 costs $545.00 AND she has to appear for biometrics. Which she cannot do if she is not in the country.

3. If your I-751 is denied -as it potentially might be-, you will then have to pay the whole enchilada again with the I-130.

Don't do this is in a rush.

[rodrigo79 0]

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham . . .

Are you insane?

If I was the IO, and I got a package the size of a phone book from you, I would deny working on the case just because I don't appreciate someone trying to drown me in totally unnecessary paperwork. If you can't prove that your marriage isn't a sham by providing the usual documents, I'd be suspicious, very suspicious. Your problem is not proving that the marriage isn't a sham; your problem is for USCIS to accept your extremely late filing. It won't help to piss them off. Less is often more.

1. No, I'm not insane, I simply love my wife.

2. I'm glad you're not the IO, because I didn't send unnecessary paperwork to drown anybody, I just did what the form calls for. "attach any and all documentation that I deem necesary to support our case" (not verbatim).

3. I'm happy to say that I have received the NOA that will allow her to continue working and should allow her to travel in and out of the US until she gets her biometrics/permanent residency card. (and they still state that I may need further documentation). I mailed that to my wife, she's going to Peru's US embassy for an additional piece of paper authorizing her to travel back to the US (they needed the NOA first)

4. I'm hoping she's back here in the next 2 weeks, she's still dealing with a lot of things that need to be taken care of in Peru.

5. I don't see why you have to be so pessimistic and hard with your comments, I've dealt with the INS/USCIS for many years now both for my own case and now my wife's, and I know the outcome of ANY dealings you have with them unfairly depends mostly on who receives/reviews your case. The worst thing that could've come out of this was that I got denied, and I was short $500. I'm not rich, I'm not saying $500 means nothing to me, but it means nothing if I can't get my wife back with me. Either way, what could I have lost by trying except those $500?

I will keep posting as I get more updates, I'm sure we're not the first couple that has gone thru this or a similar set of unusual circumstances, and I think it's fair to leave all options open, this is a forum for sharing experiences and throwing ideas at people looking for solutions for their problems, not to chastise them for making mistakes.

[Europeanboy 0]

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham . . .

Are you insane?

If I was the IO, and I got a package the size of a phone book from you, I would deny working on the case just because I don't appreciate someone trying to drown me in totally unnecessary paperwork. If you can't prove that your marriage isn't a sham by providing the usual documents, I'd be suspicious, very suspicious. Your problem is not proving that the marriage isn't a sham; your problem is for USCIS to accept your extremely late filing. It won't help to piss them off. Less is often more.

1. No, I'm not insane, I simply love my wife.

2. I'm glad you're not the IO, because I didn't send unnecessary paperwork to drown anybody, I just did what the form calls for. "attach any and all documentation that I deem necesary to support our case" (not verbatim).

3. I'm happy to say that I have received the NOA that will allow her to continue working and should allow her to travel in and out of the US until she gets her biometrics/permanent residency card. (and they still state that I may need further documentation). I mailed that to my wife, she's going to Peru's US embassy for an additional piece of paper authorizing her to travel back to the US (they needed the NOA first)

4. I'm hoping she's back here in the next 2 weeks, she's still dealing with a lot of things that need to be taken care of in Peru.

5. I don't see why you have to be so pessimistic and hard with your comments, I've dealt with the INS/USCIS for many years now both for my own case and now my wife's, and I know the outcome of ANY dealings you have with them unfairly depends mostly on who receives/reviews your case. The worst thing that could've come out of this was that I got denied, and I was short $500. I'm not rich, I'm not saying $500 means nothing to me, but it means nothing if I can't get my wife back with me. Either way, what could I have lost by trying except those $500?

I will keep posting as I get more updates, I'm sure we're not the first couple that has gone thru this or a similar set of unusual circumstances, and I think it's fair to leave all options open, this is a forum for sharing experiences and throwing ideas at people looking for solutions for their problems, not to chastise them for making mistakes.

Hey Man, I think that you're doing the right thing. OK, You forgot but I don't think it is a big deal because with a nice letter attached to your petition they will most likely forgive you. If you've dealt with USCIS before and you know how it goes you may even not use an attorney. Just tell your wife to have her green card sent to you by UPS, FedEx, DHL, etc., take a copy, fill the I-751, sign it and send it back to her with her expired green card. She is gonna also sign and send it back to you. You go send the whole package to one of the two USCIS service centers that are processing. The more different evidence the better. In a week you will receive the NOA extension letter and you will immediately send it to your wife with the fastest UPS, DHL service you find. She is getting the extension letter, her expired green card and a passport and there we go. She may check with the embassy just in case and that's it! I am not a lawyer and I don't know everything but I talk only stuff that I know.

Some people are exaggerating so much in the forum, all the treads and make the situation worse and much more dramatic than it is. There are so many ignorant comments. Instead of pessimism, trashing the form, make people feel worse because of you personal ignorance and bitc***g all day in the forum, go educate yourself. www.uscis.gov

BEST OF LUCK FOR YOU!

Let us know how it goes.

no offense for anybody

Edited August 31, 2009 by CResidentfl

[Europeanboy 0]

Anyway, I decided to go with the filing even though we are extremely late, I'm sending about 100 pages worth of proof that our marriage is not a sham . . .

Are you insane?

If I was the IO, and I got a package the size of a phone book from you, I would deny working on the case just because I don't appreciate someone trying to drown me in totally unnecessary paperwork. If you can't prove that your marriage isn't a sham by providing the usual documents, I'd be suspicious, very suspicious. Your problem is not proving that the marriage isn't a sham; your problem is for USCIS to accept your extremely late filing. It won't help to piss them off. Less is often more.

1. No, I'm not insane, I simply love my wife.

2. I'm glad you're not the IO, because I didn't send unnecessary paperwork to drown anybody, I just did what the form calls for. "attach any and all documentation that I deem necesary to support our case" (not verbatim).

3. I'm happy to say that I have received the NOA that will allow her to continue working and should allow her to travel in and out of the US until she gets her biometrics/permanent residency card. (and they still state that I may need further documentation). I mailed that to my wife, she's going to Peru's US embassy for an additional piece of paper authorizing her to travel back to the US (they needed the NOA first)

4. I'm hoping she's back here in the next 2 weeks, she's still dealing with a lot of things that need to be taken care of in Peru.

5. I don't see why you have to be so pessimistic and hard with your comments, I've dealt with the INS/USCIS for many years now both for my own case and now my wife's, and I know the outcome of ANY dealings you have with them unfairly depends mostly on who receives/reviews your case. The worst thing that could've come out of this was that I got denied, and I was short $500. I'm not rich, I'm not saying $500 means nothing to me, but it means nothing if I can't get my wife back with me. Either way, what could I have lost by trying except those $500?

I will keep posting as I get more updates, I'm sure we're not the first couple that has gone thru this or a similar set of unusual circumstances, and I think it's fair to leave all options open, this is a forum for sharing experiences and throwing ideas at people looking for solutions for their problems, not to chastise them for making mistakes.

Hey Man, I think that you're doing the right thing. OK, You forgot but I don't think it is a big deal because with a nice letter attached to your petition they will most likely forgive you. If you've dealt with USCIS before and you know how it goes you may even not use an attorney. Just tell your wife to have her green card sent to you by UPS, FedEx, DHL, etc., take a copy, fill the I-751, sign it and send it back to her with her expired green card. She is gonna also sign and send it back to you. You go send the whole package to one of the two USCIS service centers that are processing. The more different evidence the better. In a week you will receive the NOA extension letter and you will immediately send it to your wife with the fastest UPS, DHL service you find. She is getting the extension letter, her expired green card and a passport and there we go. She may check with the embassy just in case and that's it! I am not a lawyer and I don't know everything but I talk only stuff that I know.

Some people are exaggerating so much in the forum, all the treads and make the situation worse and much more dramatic than it is. There are so many ignorant comments. Instead of pessimism, trashing the form, make people feel worse because of you personal ignorance and bitc***g all day in the forum, go educate yourself. www.uscis.gov

BEST OF LUCK FOR YOU!

Let us know how it goes.

no offense for anybody

.....And She is gonna come for Biometrics right in time and everything is going in order from there.

[MrsWhizz 0]

rodrigo, my heart goes out to you. I am in a similar position. We did file on time, but I made out the check incorrectly to USCIS instead of U.S. Citizenship and Immigration Services or Homeland Security. We sent our package back with payment but no one seems to know what happened to it. We're sending everything back tomorrow and getting and Infopass. We've received nothing from them other than the threat of deportation. We are beside ourselves. I will keep you and your wife in our thoughts and prayers. Please keep us posted.

[Killer_Clown_2009 0]

Yes, keep us updated. I think, if they don't intend to give you a grace period, they will send back the application and not start processing it. It would be interesting to see how this turns out.

[rodrigo79 0]

rodrigo, my heart goes out to you. I am in a similar position. We did file on time, but I made out the check incorrectly to USCIS instead of U.S. Citizenship and Immigration Services or Homeland Security. We sent our package back with payment but no one seems to know what happened to it. We're sending everything back tomorrow and getting and Infopass. We've received nothing from them other than the threat of deportation. We are beside ourselves. I will keep you and your wife in our thoughts and prayers. Please keep us posted.

Hello, thank you for your kind words, and for sharing your experience. I hope everything works for you, I really hope your case is resolved for you, sorry to hear that just the check writing format is enough to null the paperwork, but so is life...

my prays will be with you too, please also keep us posted about your results, best of luck

[rodrigo79 0]

Yes, keep us updated. I think, if they don't intend to give you a grace period, they will send back the application and not start processing it. It would be interesting to see how this turns out.

Thank you for your reply and interest. I'm not posting the exact timeline because I feel it's unnecesary (no disrespect intended to those who do) but the timelines vary so much from one processing center to another that I don't think they serve as a reference for anybody, and people who want approximates timelines can rely on the postings the own USCIS makes available, they seem fairly reliable.

On to our progress so far. As I posted a few weeks ago, I received an NOA stating that the application had been received, that the letter was a document that allows her to travel and work here in the US, (the usual stuff). As another great poster stated, all I had to do is send her the letter, she went to the US embassy in Peru, got a second letter, this one from teh embassy; confirming she's OK to travel back to the US, she's returning this weekend!

The best news is that two days ago I got another letter from teh USCIS, this one is the appointment for biometrics! This is great, everything's going along just fine, her appointment is for september 29, and we sure as hell will be there for it!

I hope this shows that when there's nothing to hide and you can get HUMAN BEINGS that work at the USCIS, do their job and go beyond being mere "paper reading drones" and take into account all the circumstances surrounding your case, everything can go OK. I will keep updating you guys about how things go from here...

[Kathryn41 3,205]

That's great news. I'm glad everything is working out in your situation. Good luck.

[MrsWhizz 0]

That's fantastic!!!

[mooninlove 1]

That's good news! I was delayed for a year too filing I-751 but on my case it was not my fault but still granted anyways. Keep us updated & i wish you & your wife goodluck!