HELP 751 LATE! Apology letter needed

[rhsnyder 1]

I am beside myself for the error that I have made. I need help ASAP to try to fix this problem. Thank you for reading and providing your support.

My husband entered the country on a CR-1 visa (with a green card and ss#) on 9/4/10

I only actually realized we were late on submitting the I-751. I have read that I now need to include an apology letter acknowledging and explaining why the information is late. The honest truth is that we misunderstood what it meant to send in the I-751 paperwork "with in the 90 window of green card expiration." Upon review it clearly means before expiration, but we truly believed that it had meant within the 90 days of expiration not before. I received the notification to file during my first week at a very intense new job. Up until this point I have done all of our paperwork without legal support and I am beside myself for making such large error.

I have held off on mailing in our I-751 package because my research tells me I now need to letter to the director of the filling center acknowledging and explaining the tardiness of the paperwork. This is where I am looking for help. I have no idea how to be honest writing this letter without sounding incompetent. I am certain that there is good legal advice on how to approach this issue, especially since we are still within the 60 window (if I overnight the paperwork today).

We also were able to get a meeting with an immigration officer (with Infopass). We have a friend who does some immigrant law who recommended that we make an appointment immediately with them to explain what happened and to cancel our flights to Chile next week. While I trust our friend, I know that she is not in expert in cases like ours and I am really eager to have some advice on the objectives for this meeting and perhaps anything that we should not say. Assistance with preparing for this meeting as well as an guidance on how to proceed with preparing the I-751 letter of explanation would be greatly appreciated.

Thank you friends and extended visa family.

[NigeriaorBust 4,087]

Your husband has no status at the moment and should not leave the US until things are sorted out. The trip is definatley off. Although it may seem the other way around it really isn't the primary task of immigration to separate couples. If you failed to file removal proceedings are generally started, I am not sure how quickly. Did you recieve the reminder letter ?

[rhsnyder 1]

We most definitely did not get a reminder letter - had we, I would have realized this problem a head of time.

I wrote a letter explaining everything with a clear apology. I sent the package over night and it has been received by the California service center. My husband and I went this morning to meet with an immigration officer (we booked with Infopass). The officer looked over the letter that I wrote and our entire 751 package. He said that he truly believes it will be accepted and we will be granted a year long extension on the visa.

I clearly needed to change our flights to a later date. I'm hopeful that this will be resolved next week and we will be able to put this all behind us.

Thank you for your response.

[NigeriaorBust 4,087]

If you paid with check, keep looking to see if it was cashed. If they take the payment the extenstion letter should follow.

[VanessaTony 3,567]

I received the notification to file during my first week at a very intense new job. What is this? You claim you didn't get the reminder letter but then what's the "notification to file"?

I have no idea how to be honest writing this letter without sounding incompetent. I am certain that there is good legal advice on how to approach this issue, especially since we are still within the 60 window (if I overnight the paperwork today). You've already filed so this is moot but sounding incompetent really isn't an issue when that's the truth (no offense). Just admit you misunderstood the meaning. Apologise profusely. etc etc

...cancel our flights to Chile next week. Most definitely do not leave the country without that extension letter

Answers in red above

[VanessaTony 3,567]

We most definitely did not get a reminder letter - had we, I would have realized this problem a head of time. You said you got "notification to file" so I think that's why we assumed that you got the reminder letter. What exactly was this notification then?

I sent the package over night and it has been received by the California service center......He said that he truly believes it will be accepted and we will be granted a year long extension on the visa. Lets hope the actual officer believes the same. Infopases are great when asking about definites, but accepting your filing is a discretional thing, so hope no-one is PMSing

I clearly needed to change our flights to a later date. Most definitely! And remember there will be a biometrics notice so have someone checking your mail while you're gone

I'm hopeful that this will be resolved next week and we will be able to put this all behind us. Hopefully!

Responses in red

[rhsnyder 1]

Thank you everyone for your kind responses. I really do appreciate all of the support.

I have been checking our bank account - no cashed check yet, but they just received the package today.

Let's pray for no PMSing.

I already have someone lined up to be checking our mail (if/when we are traveling).

just keep us in your thoughts everyone. We need all the support we can get.

[rhsnyder 1]

FYI here is a copy of the letter that we sent - should this be helpful to anyone in the future:

Dear USCIS examiner:

Please accept our sincere apologies for not completing the I-751 form according to the USCIS guidelines (90 days prior to the second anniversary), we failed to meet this deadline simple because we did not correctly interpret the instructions. We had wrongly interpreted the instructions to mean that we needed to file “within” 90 days of expiration and not prior to expiration. We genuinely believed that we were following all of the rules and regulations and have taken this process extremely seriously. Yesterday when I realized that we were out of compliance, I immediately contacted USCIS to schedule an appointment with Infopass to speak directly to an immigration officer. Attached you can find our confirmation receipt for our appointment tomorrow. My husband, (NAME HERE) and I deeply love each other and are committed to being in compliance with all USCIS rules and regulations in order to continue our life together in California. We regret this event and therefore offer our sincerest apologies.

thank you for your understanding.

Enclosed please find the I-751 petition for removal of conditions of permanent resident status regarding my husband, (NAME HERE). Please also find a check for $590. ($505 for the form and $85 biometric fee for a total of $590). My husband entered the US on a CR-1 Immigrant Visa. We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my husband (NAME HERE).

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• Copies of the green card and social security card of (NAME HERE)

• Letter from my company, Teach for America, designating (NAME HERE) as the primary beneficiary under my life insurance policy as well as confirmation that (NAME HERE) and I enrolled in the CIGNA Healthcare Open Access Plus- Basic Plan.

• Copy of an insurance notice demonstrating a joint car insurance account.

• Copies of Tax Returns filed jointly for 2010 and 2011

• Copy of our (NAME HERE) September statement showing a joint credit card account.

• Copy of our health insurance cards showing a joint policy.

• Copies of our bank account statements with the same address, demonstrating a shared residency

• Copies of paperwork demonstrating a joint checking and savings account with Bank of America

• A copy of our airline reservations for a vacation that we have planned in November of 2009 to Santiago, Chile but will immediately reschedule as we understand we can no longer leave the country.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

[VanessaTony 3,567]

• A copy of our airline reservations for a vacation that we have planned in November of 2009 to Santiago, Chile but will immediately reschedule as we understand we can no longer leave the country.

Typo here or in the letter? It's not a problem, I was just wondering

[rhsnyder 1]

you're right... shoot... ugh, I'm beyond nervous now...

[VanessaTony 3,567]

you're right... shoot... ugh, I'm beyond nervous now...

You'll be fine I'm sure. I helped someone apply 2 months late (he had some serious reasons for missing it though). You're only a couple of days late

[rhsnyder 1]

check was cashed yesterday! this is good news right?

[BigDaddy28 228]

check was cashed yesterday! this is good news right?

That means they accepted your package, wait couple of days and you will recieve NOA1

[A + M 29]

check was cashed yesterday! this is good news right?

Yes, it certainly is.

[rhsnyder 1]

CHILE! here we come