Filing close to GC expiration date.

[HannahP 119]

My husband's GC expires on 11/20. I know we're filing kind of close to the deadline, but money's been kind of tight lately. Anyway. This statement from the guide has him freaking out:

"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."

He basically now thinks that if we should get a RFE that we can't meet before his GC expires, he's going to be deported. I'm pretty sure that's NOT how it works but could someone clear this up?

Thanks!

[thesnowman 1]

When you apply to remove conditions, if the application is accepted at the Service center you will get a letter stating your conditional residence has been extended for a year, while they process your case. just make sure it is in before it expires

[Kathryn41 3,205]

Being 'properly accepted' means that the fee is paid, the application is filled out and signed and you have attached the requested documents all within the 90 day window before the green card expires. Your husband will receive an NOA (Notice of Action) receipt that will extend the validity of his green card for 1 year. His expired card and the letter work together to prove his legal status. They have not reviewed the file yet for completeness of evidence and they probably won't before his 2 year card expires. Not to worry - he will be in legal status until they reach a decision on the application. If there is evidence lacking or they have questions, they will send an RFE, but his status is still valid even if the 2 year green card is expired. If everything is fine, they will probably approve the ROC without an interview.

Edited October 27, 2009 by Kathryn41

[David-and-Mae 15]

Clock's ticking for you guys... better file as soon as you can. Goodluck!

[epoy2 0]

you will be just fine as long as you file/sent your i-751 before your gc expires.

i suggest gather all necessary requirements needed asap.

don't worry you still have time.

good luck and if you need help we are all here for you.

god bless.

[HannahP 119]

Thanks guys. He overnighted it today. We'd been collecting evidence since we married and moved in together. (+++love to this site) It was just a money thing, really.

[David-and-Mae 15]

Glad to know that your application's mailed... Keeping my fingers' crossed for you guys.

[CaninCali 0]

DEFINITELY don't stress it! We were tight on funds also and my card expired on 9/17. I did not get my application to USCIS until 9/11!! And everything still went completely smoothly. (Although, we did put a note in the cover letter explaining why the application was so last minute ... just to cover all the bases). I am now sitting at home with my new 10yr GC, only took about 5 weeks beginning to end to get (through the CSC, I believe the VSC is taking a little while longer). I'm sure you'll get your NOA within a week or so! GOOD LUCK!