Embassy say 751, USCIS say 130. Remove condition

[cloudbuster 0]

It shows 01/10/13. as she left a copy at my parent house in case something happend

Yes we did traveled and handed her card to different Officials, way after it was expired and nobody notice. Or they got confuse I don’t know.

All that happened with us believing more her as I actually dint look at her card that it was in good standing with expiration of October 2013.

Dont know how USCIS would take this case.

Especially if it show her entry on February 26 at that POE.

[VanessaTony 3,567]

Let say they dont accept the letter would they return the money order or keep it?

Well... honestly there's no way to know for sure.

If they accept the filing (and take the money) she will get an extension of status which you can mail to her so she can re-enter the US. If they end up ultimately denying it, at least she will have entered the US and you can deal with it together.

If they don't accept the filing they don't keep the money. You will then be able to use the money towards the filing of the I-130.

Personally I hope they cash it, 'cause then at least she gets the receipt which extends her status. IF she does, she needs to be on a flight as soon as she receives the receipt in the mail from you (make sure you make a copy for your records). Start saving so you have the money for that.

Good luck!

[AnotherLostSoul 167]

Ok, If I were you I would stop chewing on what the officer said, or did not say. It is YOUR responsibility and your wife's responsibility to file at the right time, whether the officer told you or did not tell you, or told you wrong. USCIS will not start investigation on the "that's what she said, that's what he said argument". So move on and forget about what was said, or what was not said. You are solely responsible to fie. As of the date, I can see how your wife as a foreign person messes up date order on the card, but...two things:

1. you have lived here quiet a while, whether being hispanic, or not. So you should have known by now how this country operates when it comes to date order. In my country we go by year month and day, and after about half a year I've got used to this one and never ever suspected to doubt what the actuallyl dates are when written in a short format with two digits for each. It is a very poor excuse, and USCIS will not take that as "no problem".

2. if you check USCIS website, or this forum, it is written that you have to file 90 days before your expiration date, and by logic, the card expiration date is two years following the date of your interview approval. So, even if you cannot read dates, I would assume you guys would remember when you were approved. I remember the exact date when I was approved and I don't think I'll ever forget it, unless I get Alzheimer disease. It was just a significant and special day for me.

Anyway, don't want to be mean here, and write novels on how idiotic what you guys have done. But...learn from this, and once and for all, MEMORIZE how dates are written. You'll need them a lot in the future in all other aspects of your life. Now, just file for ROC and hope they will excuse your delay and she gets her green card extended for one year. Good luck!

[cloudbuster 0]

For all those saying that in the USA you use day format MM/DD/YYYY look at your green card why it shows DD/MM/YYYY for date of birth?

my wife 551 show it that way. No wonder that also helped with the confusion.

I be sending the packet tomorrow.

only thing left is what should I put on PART 2
JOINT FILING and print the page my wife send me with her signature.

or mark X on WAIVER REQUEST FILING - 1.g that said - The termination of my status and removal from the US would result in an extreme hardship.What you guys think?

Thanks!

[Harpa Timsah 13,258]

No, it's most definitely a joint petition. :S

[VanessaTony 3,567]

For all those saying that in the USA you use day format MM/DD/YYYY look at your green card why it shows DD/MM/YYYY for date of birth?

my wife 551 show it that way. No wonder that also helped with the confusion.

I be sending the packet tomorrow.

only thing left is what should I put on PART 2

JOINT FILING and print the page my wife send me with her signature.

or mark X on WAIVER REQUEST FILING - 1.g that said - The termination of my status and removal from the US would result in an extreme hardship.What you guys think?

Thanks!

I doesn't show as dd/mm/yy for the date of birth. It shows as date, month, year. Entirely different. There really should have been no confusion but you can't change that now.

Of course you are doing a joint filing. A waiver is ONLY if she's divorcing you or filing based on abuse.

I strongly suggest you take your paperwork to an attorney to double-check. The idea that you even considered ticking "waiver filing" shows you do not understand what you are doing and it could make her situation much worse.

[AnotherLostSoul 167]

Vanessa is right. You need to look at the EXPIRATION DATE....no one cares how the date of birth is written. Plus, you can't remember two years from now of the date of approval/GC issued???? Anyway, I'll stop right here. I believe, you guys just simply never bugged yourself to check after things. You technically have to file 90 days before it expires (that is three months) so you would have had enough time to figure out when you should file and when that darn card expires....

[cloudbuster 0]

Thanks all!

Update: I receive the Receipt Notice extending the card for 1 year, I be sending this out ASAP came home to make a copy.

I will keep coming back to update as is goes.

[VanessaTony 3,567]

Thanks all!

Update: I receive the Receipt Notice extending the card for 1 year, I be sending this out ASAP came home to make a copy.

I will keep coming back to update as is goes.

Excellent news!! Would you mind posting what you sent or roughly what you wrote in your letter of explanation? Just for others for future reference.

Remember to send the ORIGINAL letter to her and keep a copy with yourself. She should be able to board with the original receipt letter and expired GC. I suggest she jump on the earliest flight. Better to be safe than sorry!

[cloudbuster 0]

Vanessatony. I will.

UPDATE: Heading to the airport!!!!

Yes you guessed right. Family is back. I cant believe it myself.

So happy!!!

Will update with more details once we get back home.

[VanessaTony 3,567]

Vanessatony. I will.

UPDATE: Heading to the airport!!!!

Yes you guessed right. Family is back. I cant believe it myself.

So happy!!!

Will update with more details once we get back home.

Fantastic news! Good on you for not panicking too much and doing what you needed to get your family back to the US asap!

Now I suggest not leaving until she has that 10 year card!! Even when (if) that card expires as long as she hasn't given it up by staying outside too long etc, her LPR status isn't revoked. She just needs to get a new one. So once she has that 10 year she's good

[cloudbuster 0]

Yes it was a fast almost 2 months.

In Lima the embassy sealed the 751 notice and in another envelope they give her the transportation letter seal also. She gave that to the airline and once in DFW she gave them the other envelope.

They keep the letter I don't know why, yes the green letter extending her green card for one year. The good thing they already schedule her for the biometric and we did that the next day. So now she have that letter with the stamp that it was done on the 20. We now only have a copy of the 751 notice. I found that extremely rare that they did not return the green letter original or gave her a copy.

Well at the application support center she was told in about 3 week she should receive the new green card. They did not ask anything else.

If anyone have a question feel free to ask I will respond with as many detail as I can.

now just wait for that 10year green card to get here.

[VanessaTony 3,567]

Yes it was a fast almost 2 months.

In Lima the embassy sealed the 751 notice and in another envelope they give her the transportation letter seal also. She gave that to the airline and once in DFW she gave them the other envelope.

They keep the letter I don't know why, yes the green letter extending her green card for one year. The good thing they already schedule her for the biometric and we did that the next day. So now she have that letter with the stamp that it was done on the 20. We now only have a copy of the 751 notice. I found that extremely rare that they did not return the green letter original or gave her a copy.

Well at the application support center she was told in about 3 week she should receive the new green card. They did not ask anything else.

If anyone have a question feel free to ask I will respond with as many detail as I can.

now just wait for that 10year green card to get here.

They took the original receipt that extends her status? If so, make an INFOPASS and ask for an I-551 stamp (greencard) stamp so she has proof of her status.

[cloudbuster 0]

Yes they kept the original don't know why.

Is that something that have happen before?

If so on what do they put the stamp on the copy we have?

That's the thing we live far from the big cities. I see what we can do, prop I try to go next week.

We drove trough a border patrol checkpoint and we gave them the copy of the 751 they just look at it and the card no questions asked about where was the original.

But we also have the letter for her biometric appointment with the stamp and day just in case.

[VanessaTony 3,567]

Yes they kept the original don't know why.

Is that something that have happen before?

If so on what do they put the stamp on the copy we have?

That's the thing we live far from the big cities. I see what we can do, prop I try to go next week.

We drove trough a border patrol checkpoint and we gave them the copy of the 751 they just look at it and the card no questions asked about where was the original.

But we also have the letter for her biometric appointment with the stamp and day just in case.

They will put the I-551 stamp in her passport as proof of legal status.