Conditional Green Card Expiring - Still no word

[luvcanada 0]

When our 2nd anniversary of our wedding anniversary was 90 days away, I mailed in our 751 and a big fat check.  It came back within a few weeks saying we sent it in to early.  It turned out that the 2 year anniversary is based on when you actually receive the Temporary Green Card - which was in October - 6 months after we married.  So we waited and then resent the whole package back in August (2016).  My husband is disabled and can't work, but I submitted affidavits, pictures, snapshots of our joint accounts, my life, health, dental, vision insurance paperwork that had our names on it, a copy of his car loan we had transferred so his name was included, etc.  By October he had an appointment for biometrics and a letter extending his Green Card for 1 year.  He was able to renew his driver's license and he even found a temporary job for awhile but it didn't pay much or even last long so he couldn't take out any loans still.  I then lost my job and found a new one and consolidated our bank accounts to just one - one he hadn't been on previously because of bank issues.  By middle of this year we still hadn't heard back on his status so we called.  They told me I couldn't talk to them, only he can.  And to top it of, his EAC # doesn't register in the automated system online or when we call, so he has to talk to a person.  He finally figured out how to navigate the call system - he had to do it while I was at work and without me.  He talked to a live person but they said his case was still pending.  A week later we received a letter stating we didn't have enough documents!  This time I got more affidavits, we paid a lawyer for wills, health initiatives, and power of attorneys.  They also want bank statements for EVERY MONTH we had been married!  I had to pay a lot of money just to get last years statements since I closed that account and had paperless statements.  I couldn't get the two years previous without paying a lot more money and it would have taken a long time.  I included health, dental, and life insurance again from my new job.  I also included car insurance cards showing both our names for as far back as I could still get.  We had his name put on the house title by the same lawyer but could only show paperwork from starting the process.  It will take several more months to get the official paperwork from the courthouse. I also sent one utility bill I was able to get him added to.  My utility companies don't allow two people on the bills! I also sent all the school documents listing him as a step dad.  I sent a letter from his doctor and how he had been in the ER and had major surgery because of his disability and still seen regularly. I sent a letter from the church that we attend regularly. I sent a letter from the agency that lists us both as host parents for a foreign exchange student.  It was a HUGE packet of papers.  The letter requesting more documents said after October 6th he loses all extensions because he has been granted the maximum extension amount.  We have been calling trying to find out the status because his greencard expires October 16th.  They keep saying the case is still pending and call back in 30 days or call back October 17th, etc.  It's October 2nd now and we are freaking out!  Can he continue to stay in the US in limbo while we wait their decision like we did after we submitted for the temporary green card 3 years ago?  I'm so scared they will make him go back to Canada and never come back.  I don't understand what is going on.  We sent tons of documents and with him unable to work we don't have anything else to send. I couldn't have more kids either, so that was out.  What do we do? I don't mind moving to Canada if I have to but my son has a heart murmur so we couldn't become citizens there.  If he gets sent back, can we repetition some other way?  My kids will have grandkids in the US one day and I want us to stay here and see them regularly!

[geowrian 22,338]

He can stay in the US so long as they don't actually deny the ROC case (and even then, the denial could be challenged in front of an immigration judge). If his 1 year extension is about to expire, he can schedule an Infopass appointment to get an I-551 stamp to act as a temporary green card for another year. He can repeat this process so long as he is still an LPR.

 

The inability to work is not pertinent to the case, so I wouldn't focus so much on that.

It's a hard journey in some cases, but if the marriage is real then you should be fine in the end. There's potentially options if they do deny the case, but I honestly don't think it's even worth looking at that until they actually do so here. Just send them what they ask for to the best of the ability to obtain records. Good luck with the rest of ROC. 

[Lemon23 400]

22 minutes ago, luvcanada said:

When our 2nd anniversary of our wedding anniversary was 90 days away, I mailed in our 751 and a big fat check.  It came back within a few weeks saying we sent it in to early.  It turned out that the 2 year anniversary is based on when you actually receive the Temporary Green Card - which was in October - 6 months after we married.  So we waited and then resent the whole package back in August (2016).  My husband is disabled and can't work, but I submitted affidavits, pictures, snapshots of our joint accounts, my life, health, dental, vision insurance paperwork that had our names on it, a copy of his car loan we had transferred so his name was included, etc.  By October he had an appointment for biometrics and a letter extending his Green Card for 1 year.  He was able to renew his driver's license and he even found a temporary job for awhile but it didn't pay much or even last long so he couldn't take out any loans still.  I then lost my job and found a new one and consolidated our bank accounts to just one - one he hadn't been on previously because of bank issues.  By middle of this year we still hadn't heard back on his status so we called.  They told me I couldn't talk to them, only he can.  And to top it of, his EAC # doesn't register in the automated system online or when we call, so he has to talk to a person.  He finally figured out how to navigate the call system - he had to do it while I was at work and without me.  He talked to a live person but they said his case was still pending.  A week later we received a letter stating we didn't have enough documents!  This time I got more affidavits, we paid a lawyer for wills, health initiatives, and power of attorneys.  They also want bank statements for EVERY MONTH we had been married!  I had to pay a lot of money just to get last years statements since I closed that account and had paperless statements.  I couldn't get the two years previous without paying a lot more money and it would have taken a long time.  I included health, dental, and life insurance again from my new job.  I also included car insurance cards showing both our names for as far back as I could still get.  We had his name put on the house title by the same lawyer but could only show paperwork from starting the process.  It will take several more months to get the official paperwork from the courthouse. I also sent one utility bill I was able to get him added to.  My utility companies don't allow two people on the bills! I also sent all the school documents listing him as a step dad.  I sent a letter from his doctor and how he had been in the ER and had major surgery because of his disability and still seen regularly. I sent a letter from the church that we attend regularly. I sent a letter from the agency that lists us both as host parents for a foreign exchange student.  It was a HUGE packet of papers.  The letter requesting more documents said after October 6th he loses all extensions because he has been granted the maximum extension amount.  We have been calling trying to find out the status because his greencard expires October 16th.  They keep saying the case is still pending and call back in 30 days or call back October 17th, etc.  It's October 2nd now and we are freaking out!  Can he continue to stay in the US in limbo while we wait their decision like we did after we submitted for the temporary green card 3 years ago?  I'm so scared they will make him go back to Canada and never come back.  I don't understand what is going on.  We sent tons of documents and with him unable to work we don't have anything else to send. I couldn't have more kids either, so that was out.  What do we do? I don't mind moving to Canada if I have to but my son has a heart murmur so we couldn't become citizens there.  If he gets sent back, can we repetition some other way?  My kids will have grandkids in the US one day and I want us to stay here and see them regularly!

Goewrian is right, i will do the stamp so he can show a record of his status here. Also, I would try to submit an e-request so you can have document handy and indeed follow up the status of his ROC.

You can submit e-request from this website:

 

https://egov.uscis.gov/e-request/displayONPTForm.do?sroPageType=onpt

 

Good luck and dont over think too much.

[mindthegap 2,605]

Paragraphs!

 

 

46 minutes ago, luvcanada said:

 It's October 2nd now and we are freaking out!  Can he continue to stay in the US in limbo while we wait their decision like we did after we submitted for the temporary green card 3 years ago? 

Yes. See my timeline for how long it can remain in limbo.

 

46 minutes ago, luvcanada said:

  I'm so scared they will make him go back to Canada and never come back.  I don't understand what is going on.  We sent tons of documents and with him unable to work we don't have anything else to send. I couldn't have more kids either, so that was out.  What do we do? 

His status remains unaffected while decision is pending.

If proof of status is required, make an infopass appointment HERE for an I-551 stamp. Do not leave the US with an expired extension letter and no I-551 stamp!

 

48 minutes ago, luvcanada said:

  And to top it of, his EAC # doesn't register in the automated system online or when we call, so he has to talk to a person.  

 

The original receipt number won't work.

Use the other receipt number on the biometrics appointment letter, and if using the automated system you have to type the EAC as well as the number.

[luvcanada 0]

I tried to get an Infopass appointment to get an I-551 stamp - I had never heard of that.  There are no appointments available so I will try again.  We have been using the new EAC number, it doesn't come up unless we talk to a real person.  I don't know why.  I guess we just wait.  My husband doesn't want to call them anymore.

[mindthegap 2,605]

1 minute ago, luvcanada said:

I tried to get an Infopass appointment to get an I-551 stamp - I had never heard of that.  There are no appointments available so I will try again. 

Try around midnight - that is when they appear, for appointments in 2 weeks time.

[geowrian 22,338]

3 minutes ago, mindthegap said:

Try around midnight - that is when they appear, for appointments in 2 weeks time.

Exactly. Keep checking...they open up new slots.

[luvcanada 0]

I was able to make an appointment! It says to bring the I-90 though which is for renewing a permanent green card. Will my I-751 ok? Do they handle waiting to get a permanent green card after having a temporary?

[mindthegap 2,605]

Ignore any reference to the I-90 - it is not applicable to anyone in the I-751 process.

 

Take passport, expired card, I-797C extension letter, biometrics appointment letter, and state ID.