urgent help needed - i751 returned

[TracyTN 237]

I still don't think it'd hurt to talk with an immi attorney - might be able to help you anticipate next steps and what you might be able to do at that point to mitigate the problem.

[Lisa and Ian 7]

hi all, i have a difficult case.

I filed my i 751 but did not send the cheque, i know this may seem stupid as to why the returned it, but the reason i did not send the cheque was because my spouse was unwilling to sign it, i don't have access to any w2's and i thought i could be out of the filling time frame. I explained this in a letter and asked if they could simply tell me if i'm still eligable or if these factors will go against me. I even put i did not want to be charged $545 if there was no hope me having my conditions removed.

All i got back was a letter saying the correct fee was not sent. duh i know!

So i'm in the situation... are they telling me YES it will be fine send the $545 and we'll remove your conditions or are they saying YES send us the $545, we'll pocket it and refuse you!?

They could of at least had the decency to write something to accompany the bog standard return note. I really don't want to send the money and be denied. But i don't know if my gut feeling is right. Did they only say the fee wasn't sent to us so if you do re submit you'll be ok?? non of the other boxes were checked on the return form, yet no other information has been provided for me.

Any help would be greatly appreciated

"Effect of not filing. 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" (this would be the date your GC expires)

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." (from http://www.uscis.gov/files/form/i-751instr.pdf)

You seem to have a good case for having the late filing excused, but you are going to have to write a letter explaining your situation and send a check to have your case adjudicated. Worse case scenario.. you're denied and lose your money, but it's a risk we take when filing immigration paperwork. You will need to provide evidence that you entered into the marriage in good faith and that you had bank accounts, etc., together, because you're not actually divorced, or have even filed for divorce (correct?) Your letter will explain that you are separated/filing for divorce/etc, but wish to remain in the US as a legal permanent resident.

When were you planning to return to the US? I'm thinking it would have been ideal before your GC expired. You may need one of these now: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

USCIS operates out of the London Embassy: https://egov.uscis.gov/crisgwi/go?action=of....statecode=Rome

You might want to call and see if you can discuss your issues with them. It could be your InfoPass sort of appointment.

Good luck!

Edited February 5, 2010 by Snowbunnies

[Krikit 1,164]

Moving from ROC forum to Effects of Major Changes.

[JimVaPhuong 4,863]

Ok, I just breezed through the thread, but I think I got the gist of what's going on.

NikkisPrecious, your petition probably never made it out of the mailroom at USCIS. They quickly screen petitions for completeness before scheduling them into the system for adjudication. You didn't provide the check, so your petition was returned. It's doubtful anyone even bothered to read your letter. There is no "try before you buy" with immigration petitions. Everyone has to pay up front before anyone will even look at the petition. Yes, there is a risk that it will be denied and you'll lose your money, but that's how immigration works. It's not funded by the taxpayers, so you have to pay in order to get anyone to spend any time on your case, even if it means they'll deny your petition.

Re. the hardship waiver - proof of entering the marriage in good faith is NOT required for a hardship waiver. What IS required is proof that deportation would cause severe hardship to the immigrant. USCIS realizes that deportation is difficult for EVERY immigrant, and causes hardship for them. You have to demonstrate that your particular hardship is far beyond the hardship a typical immigrant would endure. For example, if you had a potentially deadly illness and treatment was not available in your home country, or if your home country was ravaged by war, famine, disease, or some other major catastrophe. The hardship must also be something that has occurred AFTER you arrived in the US, and that would make it extremely difficult to return to your life in your home country.

I'm guessing your chances of getting a hardship waiver are practically nil.

Your late filing can be forgiven, provided you can give a good explanation why you filed late. I recommend you file for divorce, change your petition and check box "d" in section 2, and submit it to USCIS with the appropriate check for the proper amount, and evidence of good faith marriage. When USCIS gets around to adjudicating the petition, they'll send an RFE for the divorce decree. Hopefully, your divorce will be final by then, and you'll have the divorce decree to send them.

[HopefulEnd 1]

What do you mean your card expires soon? It is expired.

You do realize you're eligible to apply any time 90 days prior to the expiration of your card? You card already expired 2 weeks ago. You will need some serious justification for that.

You don't need to be in the US to file your removal of conditions form. You just need to be sure to be in the US if/when they call you for the interview. Best of luck!

[HopefulEnd 1]

oh it is

I guess after reading all this, all i can do isend what i have along with the fee and just keep my fingers crossed huh

Have you considered a waiver of the filing fee? If paying the filing fee would cause you extreme financial hardship, you can ask USCIS to waive the filing fee for you. They tend to be pretty good about doing that for very low income immigrants who ask. Just a thought.