Filed 3 months late with fee waiver - Any problems ahead?

[jerni 24]

Usually when ROC is not filed a letter is sent out advising the person they have 30 days to leave the country.

No. You get a notice indicating your PR status has been terminated along with a Notice to Appear to attend an Immigration court hearing. Did you not read https://my.uscis.gov/helpcenter/article/what-happens-if-i-don-t-file-form-i-751-during-the-90-days-prior-to-my-2nd-year-anniversary-as-a-conditional-resident

Edited November 1, 2015 by jerni

[ClydesdaleCouple 75]

Ok well we haven't received said letter so hopefully all will be well. But thanks for making me sufficiently paranoid over something we couldn't help.

[Khal_Drogo 50]

I think you must have misunderstood or were talking about something else.

Well, and sorry if it sounds like semantics, a GC is basically a form that proves they have a visa (in this case, an IR visa). When it expires, they can be removed. Why? Because they are staying over the period allowed, i.e. overstaying. We had quite an in-depth conversation about this. They made it quite clear that when you stay in the U.S. with an expired GC without a waiver or an extension letter, you are in fact overstaying.

[Khal_Drogo 50]

Ok well we haven't received said letter so hopefully all will be well. But thanks for making me sufficiently paranoid over something we couldn't help.

Sorry about that.

But you just have to look at it from their perspective. There is a waiver system in place, and you essentially had two years to explore your options. It's one of those "ignorance of the law is no excuse for breaking it" situations.

Trust me, we're with you; it's a convoluted labyrinth of rules, laws, regulations, etc. and it's hard enough to navigate without professional help. But sadly, USCIS is a "guilty until proven innocent" type.

[jerni 24]

Well, and sorry if it sounds like semantics, a GC is basically a form that proves they have a visa (in this case, an IR visa). When it expires, they can be removed. Why? Because they are staying over the period allowed, i.e. overstaying. We had quite an in-depth conversation about this. They made it quite clear that when you stay in the U.S. with an expired GC without a waiver or an extension letter, you are in fact overstaying.

Sorry but this clearly demonstrates you do not understand what you are talking about. A Greencard is proof that you are a permanent resident it has nothing to do with visas. An IR1 visa is an entry document, once it's used to enter the country, the holder becomes a permanent resident and the visa is then irrelevant.

[jerni 24]

Ok well we haven't received said letter so hopefully all will be well. But thanks for making me sufficiently paranoid over something we couldn't help.

Sorry but I think you need to be paranoid about this, you cannot be lackadaisical when it comes to USCIS. It is better to be prepared for the worst and things turn out for the better. If you end up receiving a Notice to Appear issued, it's going to cost you a lot more than $590.

I am keeping my fingers crossed that all goes well for you.

Edited November 1, 2015 by jerni

[ClydesdaleCouple 75]

Thanks. I'll let everyone know.

[Alaska2012 462]

You couldn't help? You had two years to save up the money to file...

[ClydesdaleCouple 75]

I mean, you don't know our circumstances. That's just rude.

[Khal_Drogo 50]

You couldn't help? You had two years to save up the money to file...

That's a bit rude, don't you think?

I mean, it's one thing to not know there are waivers in place, but it's a whole other to assume they have the ability to save up for it. I make well over minimum wage, but it still takes me almost a year to find enough scratch to save even a grand without making pretty decent sacrifices. She said she and her husband work minimum wage jobs. Now imagine working minum wage jobs and still trying to afford rent or mortgage, vehicles, insurance (vehicle, health, home, etc.), food, gas, education, etc. etc. Yes, a visa should get the priority, but just because it becomes one doesn't mean they automatically are able to save up. We don't know their situation, so we shouldn't assume they have the ability to save up for it. This is the exact reason waivers are in place.

[Hypnos 6,576]

a GC is basically a form that proves they have a visa (in this case, an IR visa).

No, it isn't. A visa is a visa and a green card is a green card. It bugs me when they even get this wrong on CNN, who should really know better. A visa is a document for entering the country only.

Also, you cannot "overstay" a green card, but you can overstay a period of lawful status granted by virtue of your visa. If you remain past your unconditional green card's expiry date without filing for RoC then yes, you are illegally present, deportable, and out of status, but there are ways for that to be cured (a late RoC filing, for one). If your remain past your unconditional green card's expiry date then nothing will happen, since your LPR status is not tied to the card, i.e. when your green card expires, your status does not.

[Khal_Drogo 50]

Sorry but this clearly demonstrates you do not understand what you are talking about. A Greencard is proof that you are a permanent resident it has nothing to do with visas. An IR1 visa is an entry document, once it's used to enter the country, the holder becomes a permanent resident and the visa is then irrelevant.

Sounds like it's the other way around; a 2 year GC is a CR1 visa, and a ten year is an IR1 visa. They are visas; this I have asked point blank to USCIS personnel: "Is the GC a visa?" They have responded, "Yes," as this exact issue had us confused for a while (some military paperwork had been asking me if my wife was on a visa; she had a GC, so I wasn't sure how to answer it; my security manager also said if it is a CR1 or IR1, it means she has a GC and to mark yes, which I did, and my stuff was rocessed without issue).

If you wish, the next them they are on base (they normally come out and visit the base three or four times a year), I can ask the question again and ask if their responses can be recorded and post it here. This goes for even if I am misunderstanding it; if I am incorrect, I will make sure they set me straight and admit so. But it was pretty clear cut to me when I asked it. These are personnel with a combined 40 years of experience, so I will be more apt to listen to them.

Otherwise, here is the VJ wiki explaining it:

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

I need to say I am saying this without malice; if I am wrong, I will readily admit it, I just do not believe I am at the moment, so I will follow up and clarify to be sure.

[Khal_Drogo 50]

No, it isn't. A visa is a visa and a green card is a green card. It bugs me when they even get this wrong on CNN, who should really know better. A visa is a document for entering the country only.

Also, you cannot "overstay" a green card, but you can overstay a period of lawful status granted by virtue of your visa. If you remain past your unconditional green card's expiry date without filing for RoC then yes, you are illegally present, deportable, and out of status, but there are ways for that to be cured (a late RoC filing, for one). If your remain past your unconditional green card's expiry date then nothing will happen, since your LPR status is not tied to the card, i.e. when your green card expires, your status does not.

Well this sows a bit more doubt in my mind for sure. As I said, the USCIS personnel pretty answered a clear-cut yes to when I asked, word for word, "Is the GC a visa?" See my above post. Maybe they misunderstood my question. So now I will definitely ask again.

[Alaska2012 462]

No I don't think it's rude. This is a step in the process we all are aware coming up. It's just as important as previous steps.

[ClydesdaleCouple 75]

Thanks Khal,his grandmother was diagnosed with non Hodgkins lymphoma and we haven't been able to go to see her either. Money is a .