Oh shoot O.O Houston, we have a problem!!! (ROC on an expired 2 year card)

[ClydesdaleCouple 75]

I'll make a long story short. British expat hubby is airheaded to say the least and it has come to our attention that while he insisted his green card expired in AUGUST, It truly expired in JULY!

It was a two year card based on our marriage (I'm sure my rage would have served as proof of a viable relationship! lol) and we were filing for removal of conditions when the discovery was made.

WHAT NOW!!??

I know there are a bunch of worst case scenario users on here but according to them my hubby was going to be deported on the spot three years ago, so i'd like to hear the truth about what our next move should be.

I'm sure they wont deport him, but what possible fines or procedures have we unknowingly incurred.

Thanks for the help, pardon me while I rip his lovely head off.

[lost_at_sea 995]

Well, he can still file to remove the conditions but he'll also need to state why he didn't manage to file within the 90 window before expiration. Since you've caught it so early, I don't think it's the end of the universe - it's not like you've left it 2 more years or something!

You might need an immigration attorney to do this for you, but I'll let others chip in on that one.

On the down side, he probably isn't legally allowed to work right now because he's out of lawful status.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
You will receive a notice from us telling you that you have failed to remove the conditions
You will 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 (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

Edited August 7, 2015 by lost_at_sea

[Hypnos 6,576]

As stated, you must include a written explanation of your late filing, and need to show "good cause" for the lateness. Acceptable explanations include: a death in your immediate family, hospitalisation of you or a close family member, etc.

I'm not sure simply forgetting will qualify, but I'm not the person you have to convince.

If USCIS accept your explanation then you'll receive the I-751 NoA/extension letter. If they do not accept your explanation then the I-751 would be rejected, and deportation proceedings would likely follow.

Your husband is currently out of status, is not authorised to work, and is deportable.

Edited August 7, 2015 by Hypnos

[NancyNguyen 1,657]

Every explanations need to be accompanied with proofs.

Edited August 7, 2015 by NancyNguyen

[FavoredOnes 4]

So I just found out that I let my card expire as well. I'm freaking out!!! Any personal experiences?

[onye uwaoma 131]

So I just found out that I let my card expire as well. I'm freaking out!!! Any personal experiences?

No personal experience but it's very dicey situation you caught yourself in...

[PaolaH 0]

Personal experience tale! My sister also forgot to file on time; her card expired July 8 and she didn't notice until July 21. She called the local free immigration advisers and they told her they have people who file months late and are approved without problems. She sent her paperwork that day and has already received her NOA so I guess she's in the clear and they didn't reject it off the bat. As far as I know she didn't send an explanation as to why she filed late.

[Hypnos 6,576]

When the adjudicator comes to review her I-751 then she will probably be issued an RFE for an explanation of the late filing.

Relevant policy memo: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/I-751-LateFiling-PM.pdf

[Darnell 8,478]

i think it's perfectly fine to write up a letter of attestation claiming 'airhead husband' as the main cause for filing late. sure, an adjudicator might chuckle at it, but honesty is the best policy, aye?

[tuckin14 58]

I note that one of the factors involved is the time by which the filing is late.

I'd hate to be the one to give the advice that gets your husband removed - but it if were me - I'd file it ASAP, including telling them that the evidence will follow shortly, and that you just plain got confused about the expiration date on the GC. The policy memo referred to above says ISO's have "broad discretion" to allow late filings. I'd personally offer the truth rather than "The dog ate my homework."

But I'd get it in ASAP.