I-751 filed 4 days late

[1971Cuda 0]

My wife and I met and married in Puerto Rico and currently live there. I'm from Canada and was living in Puerto Rico for the winters in a home I bought in 2007 and we met in 2010. At the time my wife was living in a condo she owns about an hour from my house.

After we got married we filed all the paperwork for immigration, and other than a few glitches in the paperwork that resulted in a few rejected forms that needed to be re-filed it went pretty smoothly. Eventually we were called in for an interview in San Juan and the interviewer told us he wasn't going to bother splitting us up to ask questions and instead asked us a few questions together before saying 'congratulations, you'll receive your card in a few weeks'.

At the end of the interview he explained about the I-751 and we asked what proof we should have. He said joint bank account statements, tax returns.

My deadline for the I-751 package was April 21nd 2013 but I didn't get the package sent off until April 10th because I was waiting to get a stamped copy of the joint income tax form. I was told by a postal employee that my package would arrive in time by sending 3-5 day delivery.

Due to my short-sightedness we only sent a copy of our marraige licence, 2 months of joint bank statements and the copy of the most recent income tax return.

In hindsight I should have had a few neighbors write out affidavits and probably added a few more months of bank statements as well as some phone bills with calls to and from each other.

When I filed the 751 our address got changed some how and I didn't receive the biometrics appointment notice. I called to see if there was a problem with the 751 and was told I had missed the appointment and had it rescheduled to July 22nd and changed the address back to the correct one. I had my biometrics done at the rescheduled time and was not informed of any other problems.

A few days ago I received a receipt stating that I 'filed your petition four days late and did not submit a reason for the late filing' and asking for me to 'please submit a written explaintionfor filing your petition late. Your reason for filing late must show good cause.'

It also said that my supporting evidence didn't sufficiently establish that me and my wife entered the marraige in good faith and continue to share a life together.

It also said that the joint account monthly statements do not include transaction details showing we have both used the account (short version) and that the joint tax return didn't have evidence the forms were properly filed with the appropriate tax authority.

My wife and I are in our 40s, so we were both pretty well established and haven't made any large purchases in both our names, other that my wife co-signed for my 6000 dollar truck loan a few months ago. I was put on her family cell phone plan shortly after we married, as well as her medical and dental insurances through work. Her daughter is beneficiary of her life insurance policy since I have an investment account that I can live off if anything happens.

I haven't bothered making a will because I keep thinking I'm too young to need one, but I plan on making one now.

If I make a will now and make her beneficiary does it look as though I'm trying to make things up for immigration?

We live in a neighborhood with 10 families and I can get affidavits from most or all of them. Should I get them from all of them, or only one or two?

Will affidavits from her family be noticed more than from our neighbors?

How serious is the filing 4 days late? Can it be explained away because I had to wait for the tax form, and slow postal service?

I plan on speaking with an immigration lawyer in the next few days to get some ideas from him/her about exactly how much trouble I'm actually in and if I'm going to have to start from the beginning again.

Thanks in advance for any help/advice/soothing voices/slaps on the wrist.

After reading some other peoples experiences here and on other sites I'm actually starting to get a little worried. My filing date for the additional evidence is November 22nd, but my brain is already thinking it's next week.

[Navyk 78]

My wife and I met and married in Puerto Rico and currently live there. I'm from Canada and was living in Puerto Rico for the winters in a home I bought in 2007 and we met in 2010. At the time my wife was living in a condo she owns about an hour from my house.

After we got married we filed all the paperwork for immigration, and other than a few glitches in the paperwork that resulted in a few rejected forms that needed to be re-filed it went pretty smoothly. Eventually we were called in for an interview in San Juan and the interviewer told us he wasn't going to bother splitting us up to ask questions and instead asked us a few questions together before saying 'congratulations, you'll receive your card in a few weeks'.

At the end of the interview he explained about the I-751 and we asked what proof we should have. He said joint bank account statements, tax returns.

My deadline for the I-751 package was April 21nd 2013 but I didn't get the package sent off until April 10th because I was waiting to get a stamped copy of the joint income tax form. I was told by a postal employee that my package would arrive in time by sending 3-5 day delivery.

Due to my short-sightedness we only sent a copy of our marraige licence, 2 months of joint bank statements and the copy of the most recent income tax return.

In hindsight I should have had a few neighbors write out affidavits and probably added a few more months of bank statements as well as some phone bills with calls to and from each other.

When I filed the 751 our address got changed some how and I didn't receive the biometrics appointment notice. I called to see if there was a problem with the 751 and was told I had missed the appointment and had it rescheduled to July 22nd and changed the address back to the correct one. I had my biometrics done at the rescheduled time and was not informed of any other problems.

A few days ago I received a receipt stating that I 'filed your petition four days late and did not submit a reason for the late filing' and asking for me to 'please submit a written explaintionfor filing your petition late. Your reason for filing late must show good cause.'

It also said that my supporting evidence didn't sufficiently establish that me and my wife entered the marraige in good faith and continue to share a life together.

It also said that the joint account monthly statements do not include transaction details showing we have both used the account (short version) and that the joint tax return didn't have evidence the forms were properly filed with the appropriate tax authority.

My wife and I are in our 40s, so we were both pretty well established and haven't made any large purchases in both our names, other that my wife co-signed for my 6000 dollar truck loan a few months ago. I was put on her family cell phone plan shortly after we married, as well as her medical and dental insurances through work. Her daughter is beneficiary of her life insurance policy since I have an investment account that I can live off if anything happens.

I haven't bothered making a will because I keep thinking I'm too young to need one, but I plan on making one now.

If I make a will now and make her beneficiary does it look as though I'm trying to make things up for immigration?

We live in a neighborhood with 10 families and I can get affidavits from most or all of them. Should I get them from all of them, or only one or two?

Will affidavits from her family be noticed more than from our neighbors?

How serious is the filing 4 days late? Can it be explained away because I had to wait for the tax form, and slow postal service?

I plan on speaking with an immigration lawyer in the next few days to get some ideas from him/her about exactly how much trouble I'm actually in and if I'm going to have to start from the beginning again.

Thanks in advance for any help/advice/soothing voices/slaps on the wrist.

After reading some other peoples experiences here and on other sites I'm actually starting to get a little worried. My filing date for the additional evidence is November 22nd, but my brain is already thinking it's next week.

First and foremost you need to explain why you were late whether it is 4 days or a month. Since it is 4 days only you should be fine once you explain why the submission got delayed - not a big deal.

Then after you get your NOA1, send a copy of it and any additional evidence you have further to send them.

First get your application accepted by submitting your explanation.

[1971Cuda 0]

So I need to send in an explaination first and foremost before I proceed with anything else? Then send in affidavits etc before the Nov 22 deadline. I had actually planned on sending all the information at the same time.

[milimelo 4,568]

They're not going to keep sending you new RFEs. Get it done right the first time around. There's a list of what evidence is usually sent - go through it and compile all the evidence now and send in one envelope.

Get the monthly bank statements from the date you got your green card to now (every 3 month should be fine). Tax transcripts are the way to go with USCIS and they're free from IRS.

If either one of you went to the doctor, include couple of EOBs, copies of medical insurance cards...

Oh, and when you move, you file AR-11 online and spouse sends in I-865.

Edited September 13, 2013 by milimelo

[Navyk 78]

So I need to send in an explaination first and foremost before I proceed with anything else? Then send in affidavits etc before the Nov 22 deadline. I had actually planned on sending all the information at the same time.

You can certainly send the additional evidence also with your explanation - after all those are just copies. But your explanation is the most important piece of requisition to get the case accepted.