Whoops, Wifes GC expires tomorrow

[actob99 156]

My wife's GC expires tomorrow and I'm going to send in her paperwork tomorrow. Has anyone filed a couple days past the 90 day period and have any feedback?

Thanks,

[Pitaya 2,577]

There are likely some threads speaking about this. Most folks read and heed the I-751 instructions section on page 1, titled, When Should I File I-751 : http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Here is the pertinent VJ Guide section:

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

Make sure that you mail your package with return receipt requested/ delivery confirmation requested. That will show proof of the date of mailing. However, USCIS does not consider it properly filed until it is accepted by USCIS. You may have to make other arrangements for delivery and acceptance by USCIS prior to the close of business tomorrow.

Good luck on your immigration journey.

Edited June 10, 2015 by Pitaya

[NikLR 13,227]

Make sure the USCIS has that package in their hands before it expires or she will have issues. This is not an Oops....

[Dave&Roza 748]

My wife's GC expires tomorrow and I'm going to send in her paperwork tomorrow. Has anyone filed a couple days past the 90 day period and have any feedback?

Thanks,

Personally I would get the petition submitted today sent via next day express mail without a receipt required. That way the USCIS actually gets the package on the date of your wife's GC expiring--unless you can drive it to the CA USCIS tomorrow. Then you have to hope they accept the receipt date and not the date they process the NOA1 and discover your wife's GC is expired and begin removal procedings. This is not something to take lightly and go "oops I made a mistake, I'll take care of it tomorrow." You may be filing a spousal visa for your wife while she sits in her home country--is the worst case senerio and nothing happening and the ROC is proceesed normally is the best case.

Good luck,

Dave

[Cheezees 1,514]

I would pay the money TODAY for next-day delivery. Right now it is at latest 4pm EST. The post office, UPS, and FedEX are all still open. Why aren't you mailing it today? It is beyond me how the ROC process was forgotten but people make mistakes all the time. Another grave mistake would be to wait yet another day to mail this.

If this goes to removal proceedings, note that a new can of worms will open up for your wife.

[raven52 233]

We are getting ready to file, and will file 90 days before the GC expires.

No matter what you have to do, get a date on that packet as soon as possible, it may not cause you a problem, if it is just a day late.

Good luck, will be doing the same thing in October, and will start on it the middle of August. I have it circled on the calendar, it is very important to have this on time.

It can be mailed, I believe, within 90 days of the expiration of the 2 year GC.

If it goes out tomorrow, and over night delivery, you might me ok.

[madtownguy 164]

The date the post office accepts it is more important than the date they receive it. I don't think over night delivery is important. I doubt being late will matter all that much either, but maybe someone will chime in about their family member being deported for not filing extension in time.

[Umka36 781]

Below are a few threads about late filing of ROC:

http://www.visajourney.com/forums/topic/240373-filed-i-751-late/

http://www.visajourney.com/forums/topic/485588-we-sent-our-joint-i-751-a-week-late-at-first-it-was-sent-within-the-90-days-window-but-my-packet-was-returned-of-missing-check/

http://www.visajourney.com/forums/topic/340229-roc-paperwork-5-days-left/

[Pitaya 2,577]

The date the post office accepts it is more important than the date they receive it. I don't think over night delivery is important. I doubt being late will matter all that much either, but maybe someone will chime in about their family member being deported for not filing extension in time.

I can understand what you are saying about PO acceptance date versus when it is accepted by USCIS. I know that there are some Federal agencies that do that, i.e., IRS. However, I am not so sure when dealing with USCIS. This statement on page 5 of the I-751 instructions could be problematic for the OP:

However, a petition is not considered properly filed until it is accepted by USCIS.

Ref: http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

I hope that the OP posts back on this thread with the results of their experience.

Edited June 11, 2015 by Pitaya

[madtownguy 164]

From the other OPS it looks like it's not the end of the world like I thought. We filed our AOS by normal mail on the last day of 90 and they didn't say anything. I don't know why people lose sleep over things like this. Having forums with people screaming you'll be deported probably doesn't help, but just like everything else in life there is always a way around every obstacle.

[NikLR 13,227]

The date the post office accepts it is more important than the date they receive it. I don't think over night delivery is important. I doubt being late will matter all that much either, but maybe someone will chime in about their family member being deported for not filing extension in time.

I politely disagree. As per USCIS instructions. I doubt she'll get deported but there is certainly more hassle involved.

[southcoast 27]

In your cover letter explain that you are cutting it close. Include something like, "in the event the application is received late, please consider this a request for leave to file late". Ive seen them filed months and even years late. USCIS has the discretion to accept late filings, and personally I have never seen them decline a late filing. Having said that, if the application is ready today, then fed ex it today.

[Pitaya 2,577]

I politely disagree. As per USCIS instructions. I doubt she'll get deported but there is certainly more hassle involved.

Wholeheartedly agree!

It is our impression that there are a lot of hassles inherent with the immigration system. We have seriously tried to NOT introduce any more avoidable hassles into our lives during our immigration journey.

YMMV.

[sammyboy34 18]

Even if evidence is not compiled, the evidence can be sent later and this fact is ascertained by the statement in the NOA you receive.

Must send the application though.

[Hypnos 6,576]

A recent policy memo states that if a written explanation is not provided for a late I-751 submission then an RFE should be issued asking for one. If it is still not provided, or the explanation is not considered "good cause", then the I-751 can be denied.

Edited June 11, 2015 by Hypnos