What Is The Actual Deadline for Filing ROC -- To the Exact Day?

[Kate + Evgeny 54]

Well, I've done something very stupid. Very, very stupid.

My husband and I have, like all of you, been in this process so long since filing for our K1 visa that it seems like some kind of mythical saga with no beginning and no end … and not a fun one, obviously. We were so horribly dreading starting to deal with this again and have made the huge mistake of waiting until the last minute to turn in our ROC paperwork -- financial hardship that made it difficult to come up with the filing fee, general stress with all the craziness of having to face this immigration process again on top of all the stresses of the pandemic -- not that those are great excuses for something this important.

Now the worst part … we are faced with a Sunday and a post office holiday right in a row -- which we didn't realize was a holiday until today. (Like I said at the beginning … stupid.)

I was under the impression that if the post office had its receipt date marked as the expiration date on his Green Card, that would still be okay. Now I'm second-guessing that. If we send it on that date, will we have filed in a "timely manner"? Or does it actually have to be at the lock, box, received by somebody at the USCIS, in their hands, whenever they decide to go and retrieve it after the holiday weekend, or else it will be rejected for being late? I'm really freaking out about that possibility now, and don't know why I didn't think about it and take it seriously before.

The date on his card is Monday. The "Priority Mail Express" option from USPS looks like our best option, as it says it will deliver on Sundays and even holidays, with an "Overnight Guarantee," so I think that's how we'll send it. But now I'm trying to figure out if we should try to cram everything we have together and get it mailed off tomorrow (Saturday) before 1:00 pm at the regular post office (an option I'm also worried about, because I don't feel like it will be as ready as I would like it to be, and in case there was something else we could have included if we waited another day, or we're so short on sleep we make a mistake), or if we should try to send it on Sunday or even Monday if it's perfectly safe as long as we give it to the post office on the expiration date on his card ... or if we're already doomed because nobody will check that box until Tuesday, and we are about to face being deported and dying of Covid on the streets of a country that already almost killed us the last time at a much simpler time in the world and in history, and I should just go ahead and curl up into a ball right now and weep.

I know I'm being dramatic right now. But this FEELS very dramatic. This is so scary that if there was an option to just drive it there, we would do that. But I highly doubt paperwork is accepted that way. How serious is this? Do we need to include a waiver for late filing, even if we manage to send it off tomorrow? Would that make things better, or worse?

Sorry for the babbling and the sniveling. Any help or advice will be greatly appreciated right now.

[Crazy Cat 41,888]

Just in case, I would include a letter to explain that you are filing late due to financial hardship. Send it USPS overnight.  I don't think there will be any problem.

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

"

Procedures to Follow in Filing a Late I-751 Petition

If you will need to file late a joint I-751, be sure to submit a written explanation of your “good cause” for the delay. Under current USCIS policy, if you fail to submit this written explanation, you will first receive a request for evidence (RFE); then, if you fail to submit such explanation in response to the RFE, your I-751 will be automatically denied.

It is also very important, although not technically required, to support the explanation with documents attached as evidence. For example, if you are claiming good cause based on the death of a family member, you should probably submit a death certificate and evidence of your relationship to the decedent. Here again, if it has not already done so, USCIS may send you an RFE.

If, having already sent you an RFE, USCIS is not yet convinced that you have established good cause, it may schedule you for an interview. There, you will get a last chance to present your case in more detail. Otherwise, the agency could decide to deny your I-751 right away.

Edited May 23, 2020 by Lucky Cat

[Crazy Cat 41,888]

I wouldn't list reason other than financial difficulties.  I would not mention "general stress with all the craziness of having to face this immigration process again on top of all the stresses of the pandemic "

[Kate + Evgeny 54]

THANK YOU so much for your reply, @Lucky Cat!!!! Lol, yes, I agree, those last reasons definitely will not help us.

Would it be alright to include this explanation in my cover letter, or do I need a separate page of explanation?

The post office says it will get there by Sunday if I send it early tomorrow … but there will be nobody to pick it up, obviously, which would probably mean it would be counted late when they sign for it on Tuesday, but at least then I would have a way to know it arrived. I could have them say to leave it "without a signature," and it will say it got there the day before his expiration date in all probability, but then there will be no way to know if it was lost.

What do you think I should do about that?

[dwheels76 5,468]

2 minutes ago, Kate + Evgeny said:

THANK YOU so much for your reply, @Lucky Cat!!!! Lol, yes, I agree, those last reasons definitely will not help us.

Would it be alright to include this explanation in my cover letter, or do I need a separate page of explanation?

The post office says it will get there by Sunday if I send it early tomorrow … but there will be nobody to pick it up, obviously, which would probably mean it would be counted late when they sign for it on Tuesday, but at least then I would have a way to know it arrived. I could have them say to leave it "without a signature," and it will say it got there the day before his expiration date in all probability, but then there will be no way to know if it was lost.

What do you think I should do about that?

Just mail it a 1 or 2 day delay is hardly any reason to explain anything it's holiday weekend. Just mail it.

[Villanelle 4,122]

It is suppose to be according to post mark. HOWEVER people have had issues (typically when its a policy change effective X date) and even though their postmark was before the policy change- it was still rejected. They either then have to send it back as a new filing or attempt to appeal showing the postmark. 

 

Mail it tomorrow. Get proof of mailing. Also include a cover letter stating please accept the late filing due to holiday mailing and general pandemic issues of gathering paperwork. If they do consider it late they will require a late filing excuse, so send one. 

 

Send the completed form and fees and anything else you have tomorrow. If they arent satisfied with what you sent you will get an RFE. So just focus on getting it submitted right now. Then browse the ROC subforums to see what others have sent. There are many posts like yours where people dont own property or cars or have a one income household with bills only in one persons name. Joint finances doesnt mean 50-50 split of bills. It means you use your money jointly to cover things for both people. 

[Kate + Evgeny 54]

Thank you so much for your replies, everybody. We really, really appreciate it. We have been up nearly all the night and are going to do our absolute best to get it sent out today. We were anticipating having two more days (my husband and I both work as independent contractors, working pretty much whenever we want or can and do not pay much attention to anything but the biggest holidays), so it will be extremely difficult, but we will do everything we are capable of.

If it were not for the pandemic, I think we would have noticed these things much earlier and it would not be an issue now. Really, really hoping it does not turn into an even bigger issue later. We've worked so hard for so long to get to a safer and better life and having something this small knock us out would be just beyond words.

[Scandi 4,166]

I haven't really seen many cases where people have had issues when filing for ROC too late, seems like they accept almost any reason for late filing? Either way, now during corona times they are even more lenient, so I honestly wouldn't worry if I were you. Just add the explanation and you'll be fine.

Also, I was under the impression that DHL, FedEx etc don't care about holidays, they work anyway so your package could still be stamped before the deadline? I could be wrong. Just saying, you don't have to use USPS.

[HRQX 4,145]

21 hours ago, Villanelle said:

It is suppose to be according to post mark.

In general it's the day it was received by USCIS, per 8 CFR 103.2(a)(7): "Benefit requests submitted. (i) USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format." Thus, OP should send the late filing excuse to be safe.

21 hours ago, Villanelle said:

(typically when its a policy change effective X date)

That is in specific circumstances where postmark is explicitly mentioned; like the following example: https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/2019-17142.pdf

Edited May 24, 2020 by HRQX