My Wife's greencard has expired

[BackFromTheDead 0]

Just expired On Feb. 2nd, I have not send out the i-751 either what are my next steps? Or am i basically screwed?

Any help would be greatly appreciated.

Take care

Shpat

[miamortueres 0]

You should have filed 90 day before the expiration to remove the conditional residency. Since, it's already expired and did not filed I-751, that would be a big problem. Failure to properly file Form I-751 within the 90-day period shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States.

Edited February 11, 2011 by miamortueres

[BackFromTheDead 0]

You should have filed 90 day before the expiration to remove the conditional residency. Since, it's already expired and did not filed I-751, that would be a big problem. Failure to properly file Form I-751 within the 90-day period shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States.

So I can still file the I-751 and be fine right? As long as everything is filed correctly? What are the most important things to have along with the I-751 form? Pictures, insurance cards, apt lease with both of our names? anything else or is that good enough?

[Deputy Purple 1,294]

So I can still file the I-751 and be fine right? As long as everything is filed correctly? What are the most important things to have along with the I-751 form? Pictures, insurance cards, apt lease with both of our names? anything else or is that good enough?

You didn't read this part of the previous reply, "Failure to properly file Form I-751 within the 90-day period shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States."

Filing after the GC has expired is not the same as filing within the 90 period prior to it expiring.

At worst you would have to re-file AOS (Adjustment of Status, I-130 & I-485 with new Affidavit of Support) unless someone can show where filing after the CG expired has been accepted AND approved.

[BackFromTheDead 0]

So basically i'm fkd

Do I have any options or not?

[milimelo 4,563]

So basically i'm fkd

Do I have any options or not?

Try to get everything completed over the weekend - I-751, all evidence, tax info and mail it first thing Monday morning. DEFINITELY include a letter apologizing for not mailing it earlier and HOPE they accept late submission.

Good luck!

[Krikit 1,165]

Inappropriate post has been removed.

There have been a few members who forgot and filed late and were able to overcome it. If you do a search you will find their topics.

[miamortueres 0]

Go ahead and try. We will see their response. Pay $590.00, and submit a copy of documents stating you and your spouse. Any proof that you can demontrate the relationship from the date of marriage to the present date. You may send birth certificates of your children, lease or mortgage contracts with both of your names, joint bank accounts, health or vehicle insurance policies, joint utility bills, or any documents you would think will be helpful.

[BackFromTheDead 0]

Thanks guys, first thing monday i'm going to ship everything overnight.

[Brother Hesekiel 2,236]

Since you are not too far beyond the expiration date of your wife's Green Card, you should file now and enclose a letter with a great explanation that would allow the director, in whose discretion it is to accept such a petition, to accept it late. Don't write that you forgot, be a bit more creative, but (disclaimer for this board) don't lie.

Either they accept it, or they don't, but you'll know in about 10 days. If they accept it, you'll be fine; if they send it back with a skull drawn on the outside of the envelope, you'll need to file for AOS all over again. Interestingly, as you guys are now married for over 2 years anyway, the outcome of an accepted I-751 and a new I-485 is the same: an unlimited 10-year Green Card. The only difference would be the cost $590 versus $1,070 and--most likely--an interview.

But cross that bridge when you get there. At this point, you have a better than 50% chance to get the I-751 through.

Good luck.

[BackFromTheDead 0]

man this is some bs...i dont even feel like doing this ish after waiting 1 year for the visa and now I gotta go through this.....

[Penguin_ie 5,996]

Blame the weather, being unable to get to post office?

[BackFromTheDead 0]

Blame the weather, being unable to get to post office?

Blame jail

[e-migra 4]

Hi!! It's nice to see you again on VJ. Try and send the stuff. GOOD LUCK!!!!

[SisJ 13]

Just expired On Feb. 2nd, I have not send out the i-751 either what are my next steps? Or am i basically screwed?

Any help would be greatly appreciated.

Take care

Shpat

Here's a case similar to yours...hope it helps...Good Luck! http://www.visajourney.com/forums/topic/282319-yeah-i-know-its-my-fault/