HELP! I think we messed up!

[tsevenut 0]

My husband's initial greencard expired in May. In April, we filed an I-90, but have only gotten a biometrics appointment and haven't heard anything since. So, I came here to see what to expect, and now I'm finding that we should've filed the I-751. So now we're in the middle of the I-90 turnaround time (5.8 months, though, when we filed it was 3.5 months...), and now I find out we filed the wrong form! What can I do to fix this? I figure we're out the money now, but now he's here on an expired greencard! Help!!

[KayDeeCee 4,896]

You need to file the I-751 and include a letter to explain why you are filing late, and hope they accept it. Special Note on Page 1 of the instructions under 'When Should I file form I-751?" > http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

[Ian H. 207]

The expired GC isn't the problem. It's the fact that his status as an LPR expired. You see the expiration date on a regular non conditional GC doesn't matter. This is because the card itself is expire, but your status as an LPR isn't affected.

However if your husband's GC was conditional in nature, meaning it was only valid for 2 years, it can't be renewed like you would an ordinary GC, it has to have the conditions removed. Now what I find curious is were either of you never made aware that his status was conditional and that you had to file the I-751? Also in the instructions for the I-90 it specifically says not to use that form if you are a conditional resident whose card is expiring or expired.

In the letter be sure to make clear that you were completely unaware that you had to file this form and incorrectly filed the I-90. I would attach a copy of the NOA1 for the I-90 as proof that you incorrectly submitted this form. It's perfectly possible that they may overlook this as a mistake because you didn't deliberately fail to file the I-751.

I would consult with an attorney just in case because you want to be prepared if they don't accept the petition or if something goes awry. Good luck.

[S_R 148]

"Form I-765 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I-751 within the required time period."

Go ahead and Send in your application with your explanation and Uscis will cash your check and send you guys your 1 year extension letter. Good luck