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TenderGlow

Late I-751 filing

By TenderGlow in Removing Conditions on Residency General Discussion

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TenderGlow Rookie

TenderGlow   1

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
Posted

Hi,

I had to fill out the I-751 for my husband. The anniversary of his permanent residence was on November 13th, I sent the form and postmarked it on November 10th but the USCIS returned the form because they said it was filed after the anniversary.

As I posted the package November 10th, Veterans Day was observed the day after (which I forgot about) and I guess that the mail delivery resumed on Monday.

I now have to write a statement establishing the failure to send in the form in a timely manner. Could anyone help me with this problem?

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You will need to write a very good letter explaining why you failed to file on time, the window for filing opened 90 days before expiration.

Explain why you couldn't file anything in thos 90 days and why you waited till 3 days before it expired to file it. Then explain that you sent it during the holidays and it was returned to you etc.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Well, I didn't know that the postmark was not taken in consideration. Without holidays, the package would have been accepted. We feel desperate now :crying:

Yeah the date they count is the date it arrives to them and they open it. It is unfortunate that you didn't send it earlier in the 90 days.

You just have to write the letter explaining why and hope they accept your reason/s.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Steve D. Collaborator

Steve D.   22

Posted
Filed: Citizen (apr) Timeline
Posted

Thanks for your help. If anybody ever heard about the same situation, please feel free to post your experience!

Mine was 10 days after expiration. I did wrote a letter explaining why (technology-related) and so far I believe it's in the review process. As long as you catch it up fast and explain why they usually don't mind. However if you don't even bother to file it like a year or two after it expires, then you are in deep doo-doo.

TenderGlow Rookie

TenderGlow   1

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
  • Author
Posted

Do you think we should get a lawyer for our problem or that I should just write the required statement and wait for the USCIS decision?

I just wanted to add that our package has been received Nov. 14th at USCIS and our anniversary was the Nov. 13th. One day late... :(

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I just wanted to add that our package has been received Nov. 14th at USCIS and our anniversary was the Nov. 13th. One day late... :(

You don't need a lawyer for 1 day. Just write the letter.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

mr and mrs Proficient

mr and mrs   187

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

You don't need a lawyer for 1 day. Just write the letter.

i second this. you'll be fine on your own. no lawyer needed for this relatively small issue.

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
TenderGlow Rookie

TenderGlow   1

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
  • Author
Posted

Hi,

So I wrote a nice letter and re-send the package.

Today in the mail, I received a NOA saying the checked was cashed and that the conditional resident status was extended for 1 year.

Concerning the fact that the package had to be re-sent, does that mean they accepted the package even if it was send 1 day late and returned once?

Thanks for your help

HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

If you got an NOA1 extension letter, everything is fine: they've accepted the package, entered everything into their system, and will process your application the same as everyone else's. That you filed late is over and done with - now that they've accepted it it won't affect whether or not you get approved, and it is vanishingly unlikely to ever even be mentioned by them.

Problem solved!

Would it be possible for you to post a draft of your letter (obviously with any personal information removed!) so that future readers can see a sample of a let filing letter of explanation that was accepted? It would probably really help people out going forward.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Wyatt's Torch Experienced

Wyatt's Torch   45

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If nothing else, let this serve as a reminder that it's extremely important to stay on top of all immigration-related issues until you're a citizen. Being ahead of the game doesn't hurt you at all, but being even a few days behind can hurt you a great deal.

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

  • 6 years later...
TBoneTX Grand Master

TBoneTX   46,151

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2011 is now closed to further comment.

A recent post has been split from this thread and given the topic title "Filed I-751 Too Late?  [split topic]."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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