Re-submitting I-751 past the conditional residence expiration date

[mr.j.j.s. 1]

Hello all,

I originally submitted my I-751 petition one week ahead of my wife's conditional residence expiration date, and I thought I was in the clear. Now I find that I have to re-submit my I-751 petition on behalf of my wife because I did not include the $85 biometrics fee. (I thought I would pay that later at the time of the biometrics appointment?!) So now I'm sending out the petition one week AFTER the conditional residence expiration date. Should I anticipate any issues with this? Should I reach out to USCIS and inform them of the situation?

Also, my wife and I are planning to be out of the country for 2.5 months over the summer. If they schedule our interview and/or biometrics appointment for a date when we are not available, is it possible to reschedule? Feeling more than a little bit anxious about her not being allowed to re-enter the U.S. ...

Thanks in advance for your help!

/Jason

[EM_Vandaveer 2,408]

Just enclose a letter explaining exactly what you said there (submitted wrong check amount, it was rejected, now you are re-submitting with the correct amount but the card unfortunately expired now), they do give a little latitude if you explain the reason.

Fingerprint appointment is usually about a month after NOA1. Adjudication varies. Make sure you have someone reliable who checks your mail. You might receive an RFE as well at some point, but this in itself would not stop your wife re-entering IF she is re-entering BEFORE the submission deadline for the RFE response. They generally give 89 days to answer an RFE from the time they send it.

You can reschedule an interview or a biometrics appointment, but this delays your process. You cannot get an extension for the time frame to answer an RFE.

[NikLR 13,227]

You may have to go to immigration court to explain why the form is late. After all you had plenty of time to collect documents and 90 days to submit them correctly.

[mananto 36]

Mr j.js...Have they rejected the application yet? They will reject it is it does not have the bio-metric fee. Once they reject it you can then resubmit it with the correct fee. Don't confuse yourself so just wait until they return the file because they will. It does not count against you since it was initially submitted on time. Please ignore the immigration court nonsense above. Just people bent on rattling others yet they are immigrants as well.

[NikLR 13,227]

http://www.nolo.com/legal-encyclopedia/submitting-late-form-i-751-petition-remove-conditions-residence.html

http://www.hmalegal.com/blawg/new-i-751-memo-dont-be-late

You can google more. Include a letter. You may get just an RFE. You may get more than that. No one here can guarantee you will be fine or okay when the file goes in late. Your NOA1 is based in an accepted I-751 not the previous unaccepted one.

[NikLR 13,227]

Read my signature and take it to heart whenever ANYONE posts.

[EM_Vandaveer 2,408]

Including a letter will take care of the problem, most likely. USCIS has the discretionary power to accept late filing. If it just a short amount of time & there is an explanation, they'll most likely just issue the NOA1.

You certainly do not want to send a late submission WITHOUT an explanation.

[mr.j.j.s. 1]

Thank you all for the additional information! I'm checking in with some updates. I received the NOA1 , extending the conditional resident status for 1 more year while we wait for approval, and completed the biometrics appointment in April of 2016. However, the extension is about to expire and we have yet to receive any notice (as of 1/24/17, they were processing applications from 12/14/15; our application was received on 3/28/2015). So we now have an appointment at the local USCIS office to apply for an additional extension.

 

So my questions are:

1) Should I still be concerned about having my application denied for having been submitted one week past the deadline, or does having received the NOA1 mean I no longer need to worry about that?

2) What documents should I bring to this appointment? My appointment notice says I need to bring "all imigration forms, receipts, and any other documents related to your case." Does 'everything' including the i-129F, the K-1 Visa application, the i-485 application, as well as the i-751? Or JUST the documents related to the i-751?

 

Thanks again for all the help.

 

/Jason