Missed I-751 Deadline NEED HELP!

[nickles only 0]

thats the problem I didn't send anything with the I-751. all I sent was the form and the money orders and another sheet of paper that had stuff on it that didn't fit on the form and asked the for forgive me for filing late and my reason for filing late.

What should I do now? send in a copy of all that stuff or what?

[Brother Hesekiel 2,236]

Why didn't you sent anything else than the form and the money order?

[nickles only 0]

i was going off the instruction sheet and that was it. i didn't know

[Kathryn41 3,205]

Well, I can see two things happening: One is an outright denial of your request which I hope doesn't happen. The second is that they will send you an RFE - it is a letter requesting additional information. Right now, you really need to wait and see what happens because if you send in documentation now there is no guarantee it will ever be matched up with your application before they make a decision. When they send you an RFE they will include a different address for you to use and you need to send the RFE letter back with the requested information (make a copy before you send it back!).

If you get the RFE you will want to include documents that show how you have mingled together your lives financially, personally and socially. That includes income tax transcripts showing you have filed as married, copies of financial records (bank account statements, credit card statements, etc.) showing both of your names on the accounts; residential information like leases or mortgages, bills for utilities, insurance, etc. that have both your names; property or loans you have together (house title, car title, loan documents, etc.), health insurance cards, life insurance documents, listing each other as beneficiaries on wills, etc., birth certificates of children, things like this. The documents should cover all the years of the time you have been married or since the green card was approved so you may have 3 or 4 years of tax returns, etc.

You can include photographs of yourselves and your married life together at that time as well.

[Cacerez 19]

Becky has already proven to you--and everyone else in this thread--that they do have an obligation, but unfortunately there doesn't appear to be any penalty if they fail in this obligation. So while it may be true that USCIS gets away with not reminding applicants because they don't get penalized if they don't, they are still obligated to remind us.

Incidentally, we did receive a reminder letter from USCIS right around the 90 day mark prior to wife's GC expiration date. I was surprise as I was not expecting USCIS to send out such a letter. Still they did.

Given the Oct 9 memo, it seems the best course of action for OP is to file a I-751. Get that into the system. It can only help. It can't hurt. Consulting a qualified and competent immigration attorney should also be a high priority now.

Good luck OP.

Who the ??!(@( is Becky?

I guess we'll just have to agree to disagree. Nothing I have ever read from USCIS implies any obligation on their part to remind you of squat. Just the opposite, in fact.

From the USCIS letter sent with the approval of the original green card, "Your new card will expire two years from when you become a permanent resident. By law your resident status is conditional, and you must apply to remove those conditions before your card expires. We receommend you apply several months before your card expires." No mention of any interaction from them.

From the '"Welcome to the United States" pamphlet, "You need to know what forms to fill out and how to meet important deadlines, and what activities you should avoid if you want to become a US citizen later."

We got a letter prior to the 90 day mark, too - whoop dee doo. Many other people don't receive such a letter. Bottom line is it's your status and your responsibility - it's not the USCIS' responsibility to be your babysitter.

"Becky" is Rebeccajo - see post #32, where she clearly quotes that they are supposed to remind you, but they get away scotch-free if they "forget." You should probably read the whole thread before jumping down someone's throat for correcting you.

[Cacerez 19]

I guess what made me question that was the reason they'd have to give. 'Our attorney told us wrong' is unlikely to be a reason that would fly. I don't suppose it could hurt, though, but I'd still be hard pressed to spend $545 on something I wasn't sure would work. Particularly if I'd still likely have to fork out more $ for an attorney. But maybe desperate times call for desperate measures. I don't suppose it could hurt them any to have a pending I 751, though, even with a weak 'reason' for the late filing.

I dunno - 'our attorney told us wrong' MIGHT be a good reason. Depends on how the facts are presented.

Notice this also, from the USCIS Memo that different people have posted 3 times on this thread: http://www.uscis.gov/USCIS/New%20Structure...I-751100909.pdf

Some examples of what constitues good cause and extenuating circumstances may include but are not limited to: hospitilization, long term illness, death of a family member, the recent birth of a child (particularly if there were complications), and a family member on active duty with the U.S. military.

USCIS is not too keen on ignorance, but wish the best for you. No good crying over spilled milk...hopefully it will work for you. How did your appointment go on Thursday?

Edited December 3, 2009 by Cacerez

[SirLancelot 1]

Who the ??!(@( is Becky?

I guess we'll just have to agree to disagree. Nothing I have ever read from USCIS implies any obligation on their part to remind you of squat. Just the opposite, in fact.

TracyTN, I didn't come back to VJ to start arguments with you. You're generally helpful with many of your posts, however on this matter, you're taking a position that's been demonstratively proven to be false. I refer you back to Becky's (rebeccajo's post #32 in this thread http://www.visajourney.com/forums/index.ph...&p=3494991) post.

Here is her direct quote: Actually, the Service does have an obligation to remind conditional residents of the date by which they must timely file. Both at the time the conditional status is granted and prior to the expiry of the conditional status. It's in the 1986 Immigration Marriage Fraud Act. But the statute spells out no penalty for failure to give the notice......

Then here is the proof she cited:

http://law.justia.com/us/cfr/title08/8-1.0.1.2.20.html

8 CFR 216.2

( a ) When alien acquires status of conditional permanent resident. At the time an alien acquires conditional permanent residence through admission to the United States with an immigrant visa or adjustment of status under section 245 of the Act, the Service shall notify the alien of the conditional basis of the alien's status, of the requirement that the alien apply for removal of the conditions within the ninety days immediately preceding the second anniversary of the alien's having been granted such status, and that failure to apply for removal of the conditions will result in automatic termination of the alien's lawful status in the United States.

" ( b ) When alien is required to apply for removal of the conditional basis of lawful permanent resident status. Approximately 90 days before the second anniversary of the date on which the alien obtained conditional permanent residence, the Service should notify the alien a second time of the requirement that the alien and the petitioning spouse or alien entrepreneur must file a petition to remove the conditional basis of the alien's lawful permanent residence. Such notification shall be mailed to the alien's last known address.

( c ) Effect of failure to provide notification. Failure of the Service to provide notification as required by either paragraph (a) or ( b ) of this section does not relieve the alien and the petitioning spouse, or alien entrepreneur of the requirement to file a petition to remove conditions within the 90 days immediately preceding the second anniversary of the date on which the alien obtained permanent residence."

Section ( b ) explicitly states that indeed the service has an obligation to give notice. However, section ( c ) spells out that the alien is still responsible, even if notification is not given. Nevertheless, section ( b ) is still part of this act and it is therefore required that USCIS give notice.

This is an older act (1986) so it's possible something may have changed since then, but as it states in the above sections, clearly USCIS is obligated to give notice 90's immediately preceding the expiration of the conditional GC.

Good day TracyTN.

[SirLancelot 1]

There is no 'temporary' green card - there is a conditional green card - the condition being that it is for 2 years and you need to prove the validity of your marriage before you get a 10 year card. Anyone who is married for less than 2 years when the green card is approved is supposed to receive the 2 year conditional card and needs to apply to remove the 'conditions' within the 90 day window before the 2nd anniversary of the green card date. We were married nearly 4 years when I applied to remove conditions as well - married June 19, 2004 and my green card was approved May 26, 2006 so we were approved about 3 weeks before we would be eligible for a 10 year card.

If you sent lots of other good evidence - and the birth certificate of your child is very good evidence - you should be fine without photographs. Good luck.

Kathryn41, this distinction between a "temporary green card" and a "conditional green card" you're making is not fair. In point of fact, there is no "green card" but rather "permanent residence card". A "green card" is a colloquial term, just as a "temporary green card" is a generally accepted colloquial term used in place of the proper term "conditional permanent residence card". I point this out because, it seems to me, that you're nit-picking on the use of an improperly used term and replacing that improper term with another incorrect term.

All other info you provided reads well. But I did want to comment upon the distinction you made above.

[Kathryn41 3,205]

There is no 'temporary' green card - there is a conditional green card - the condition being that it is for 2 years and you need to prove the validity of your marriage before you get a 10 year card. Anyone who is married for less than 2 years when the green card is approved is supposed to receive the 2 year conditional card and needs to apply to remove the 'conditions' within the 90 day window before the 2nd anniversary of the green card date. We were married nearly 4 years when I applied to remove conditions as well - married June 19, 2004 and my green card was approved May 26, 2006 so we were approved about 3 weeks before we would be eligible for a 10 year card.

If you sent lots of other good evidence - and the birth certificate of your child is very good evidence - you should be fine without photographs. Good luck.

Kathryn41, this distinction between a "temporary green card" and a "conditional green card" you're making is not fair. In point of fact, there is no "green card" but rather "permanent residence card". A "green card" is a colloquial term, just as a "temporary green card" is a generally accepted colloquial term used in place of the proper term "conditional permanent residence card". I point this out because, it seems to me, that you're nit-picking on the use of an improperly used term and replacing that improper term with another incorrect term.

All other info you provided reads well. But I did want to comment upon the distinction you made above.

hehehe, ok. Point made. I guess I was trying to get across the point that even the two year I-551 card is a permanent resident card not a temporary resident card.

Edited December 3, 2009 by Kathryn41

[TracyTN 237]

Becky has already proven to you--and everyone else in this thread--that they do have an obligation, but unfortunately there doesn't appear to be any penalty if they fail in this obligation. So while it may be true that USCIS gets away with not reminding applicants because they don't get penalized if they don't, they are still obligated to remind us.

Incidentally, we did receive a reminder letter from USCIS right around the 90 day mark prior to wife's GC expiration date. I was surprise as I was not expecting USCIS to send out such a letter. Still they did.

Given the Oct 9 memo, it seems the best course of action for OP is to file a I-751. Get that into the system. It can only help. It can't hurt. Consulting a qualified and competent immigration attorney should also be a high priority now.

Good luck OP.

Who the ??!(@( is Becky?

I guess we'll just have to agree to disagree. Nothing I have ever read from USCIS implies any obligation on their part to remind you of squat. Just the opposite, in fact.

From the USCIS letter sent with the approval of the original green card, "Your new card will expire two years from when you become a permanent resident. By law your resident status is conditional, and you must apply to remove those conditions before your card expires. We receommend you apply several months before your card expires." No mention of any interaction from them.

From the '"Welcome to the United States" pamphlet, "You need to know what forms to fill out and how to meet important deadlines, and what activities you should avoid if you want to become a US citizen later."

We got a letter prior to the 90 day mark, too - whoop dee doo. Many other people don't receive such a letter. Bottom line is it's your status and your responsibility - it's not the USCIS' responsibility to be your babysitter.

"Becky" is Rebeccajo - see post #32, where she clearly quotes that they are supposed to remind you, but they get away scotch-free if they "forget." You should probably read the whole thread before jumping down someone's throat for correcting you.

Oh I read the whole thread, thanks very much. I just have never heard RJ referred to as 'Becky' before. I guess that was his way of being insulting to her - real classy. Personally I don't see Sir Lancy's need for being insulting in trying to make a point - esp. over a matter that certainly is not life and death. We disagree - big deal! So if I jumped down throats, it was in reaction to an otherwise snarky post. Takes two to tango.

[nickles only 0]

Well, I can see two things happening: One is an outright denial of your request which I hope doesn't happen. The second is that they will send you an RFE - it is a letter requesting additional information. Right now, you really need to wait and see what happens because if you send in documentation now there is no guarantee it will ever be matched up with your application before they make a decision. When they send you an RFE they will include a different address for you to use and you need to send the RFE letter back with the requested information (make a copy before you send it back!).

If you get the RFE you will want to include documents that show how you have mingled together your lives financially, personally and socially. That includes income tax transcripts showing you have filed as married, copies of financial records (bank account statements, credit card statements, etc.) showing both of your names on the accounts; residential information like leases or mortgages, bills for utilities, insurance, etc. that have both your names; property or loans you have together (house title, car title, loan documents, etc.), health insurance cards, life insurance documents, listing each other as beneficiaries on wills, etc., birth certificates of children, things like this. The documents should cover all the years of the time you have been married or since the green card was approved so you may have 3 or 4 years of tax returns, etc.

You can include photographs of yourselves and your married life together at that time as well.

Well I hope it gets approved and everything goes well. I never sent it in on time cuase it was getting slow at work and I am the only one that works in the family. plus my son started school in August. that was arround the time her card expired. but I do have every thing that we need to send proving that we are married.

I should be getting a letter in the mail soon(NOA) right.