How long to get response to I-751

[gregoryagu 30]

So I am about to send in the I-751 for my wife.

 

The question is: How long will it be to get the initial response that extends it for one year?

 

The next question is: The card expired already Mar 24 of last year. If it extends it for one year of the Mar 24 of last year, then it is going to expire in less than a month.  So, what to expect to happen?

 

The reason this is important is that we are going to take a trip to Russia in June, and I need her greencard in order so that we have no issues when returning to the US.

 

It seems like I read that we could get an appointment and get the Card extended with a sticker.

 

Edited March 4, 2021 by gregoryagu

[Crazy Cat 41,858]

An extension letter extends the date on the card for 18 months.  It is possible to get an appointment at USCIS for a stamp in her passport if evidence of status is needed for travel.

Edited March 4, 2021 by Lucky Cat

[mushroomspore 3,044]

8 minutes ago, gregoryagu said:

So I am about to send in the I-751 for my wife.

 

The question is: How long will it be to get the initial response that extends it for one year?

 

The next question is: The card expired already Mar 24 of last year. If it extends it for one year of the Mar 24 of last year, then it is going to expire in less than a month.  So, what to expect to happen?

 

The reason this is important is that we are going to take a trip to Russia in June, and I need her greencard in order so that we have no issues when returning to the US.

 

It seems like I read that we could get an appointment and get the Card extended with a sticker.

 

The extension letter extends the GC by 18 months from the day the GC itself expires. So you guys technically are okay for another six months after Mar 24, 2021. After that, she will need to get the I-551 stamp in her passport. I don't believe they do the sticker thing anymore. Pretty sure that's an old thing that has long been phased out. 

 

No way to predict when exactly you'll get the letter. It could be fast (2 weeks or so). It could be slow (a month or more).

Edited March 4, 2021 by mushroomspore

[gregoryagu 30]

Great, glad to hear that about 18 months extension.

 

That should be plenty of time to get there and back again.

 

It will be several months before we go, so that should be plenty of time to get the letter back.

 

Thanks so much.

[Mollie09 1,543]

20 hours ago, gregoryagu said:

The card expired already Mar 24 of last year. 

Her conditional green card expired in March of 2020? And you just filed for ROC?

[Ecaen87 43]

The window to apply begins 90 days before it expires and it ends on the expiration date. Not sure what is the procedure for late filing.

[Mollie09 1,543]

A late filing requires an explanation and some good reasoning. That's a year late.

[Timona 4,207]

1 hour ago, Mollie09 said:

Her conditional green card expired in March of 2020? And you just filed for ROC?

 

I think he is just confusing terms and may have already filed last year, hence that's how he got the initial extension. I don't see any other way he may have got the extension without filing for ROC. 

 

[mushroomspore 3,044]

1 hour ago, Ecaen87 said:

The window to apply begins 90 days before it expires and it ends on the expiration date. Not sure what is the procedure for late filing.

Nope, people can and do file late. There is no closing date on the RoC window unless you end up in immigration court before a judge, who is the only one who can revoke PR status. Lots of people can and do file RoC late.

37 minutes ago, Timona said:

 

I think he is just confusing terms and may have already filed last year, hence that's how he got the initial extension. I don't see any other way he may have got the extension without filing for ROC. 

 

OP filed extremely late and has not received amy extension yet.

Edited March 5, 2021 by mushroomspore

[gregoryagu 30]

12 minutes ago, mushroomspore said:

Nope, people can and do file late. There is no closing date on the RoC window unless you end up in immigration court before a judge, who is the only one who can revoke PR status. Lots of people can and do file RoC late.

OP filed extremely late and has not received amy extension yet.

This is correct, I am extremely late and am just now filing the RoC.

 

I know I need to provide a letter of explanation.  There is no excuse, but I just didn't realize I needed this next step until I looked at her Green Card and saw that it had expired.  My Bad.

[Ecaen87 43]

18 hours ago, mushroomspore said:

Nope, people can and do file late. There is no closing date on the RoC window unless you end up in immigration court before a judge, who is the only one who can revoke PR status. Lots of people can and do file RoC late.

OP filed extremely late and has not received amy extension yet.

I read it in the instructions,

“You must file it during the 90-day period immediately before your conditional residence expires”

it also said this about filling late:

”If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.”

I guess this instructions are incorrect then?
  

[Mollie09 1,543]

It's possible they'll reject the application and cancel the status, because of the extreme late filing.

[Villanelle 4,122]

12 minutes ago, Mollie09 said:

It's possible they'll reject the application and cancel the status, because of the extreme late filing.

That's not exactly how it works. The ROC process is unique as it allows you to file 751 as many times as you want and they accept such filings up until the Judge terminates your status. 

 

When someone fails to file ROC on time they don't automatically and immediately lose status. It takes a long time for USCIS to realize they failed to file and for the case to be sent to a judge to strip status. 

 

No one can say for sure that this hasn't happened to the OP but I am positive that it most likely hasn't. 

 

The only reason why they would reject the late ROC is if they failed to include letter of explanation for late filing. Also just FYI the reason for late filing is N/A from their perspective. They don't care if you say you forgot or were busy, it's not something where you have to satisfy them with an explanation, you simply are required to submit the explanation.

[mushroomspore 3,044]

4 hours ago, Ecaen87 said:

I read it in the instructions,

“You must file it during the 90-day period immediately before your conditional residence expires”

it also said this about filling late:

”If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.”

I guess this instructions are incorrect then?
  

Those instructions are correct. What was incorrect in your original comment was that the RoC window closes. It does not. Otherwise, they would immediately reject any late I-751 applications. Instead, they allow people to file late with an explanation. The only thing about OP specifically is they filed really late. But even with that, it is unlikely that OP's application will be rejected.

 

Also see Villanelle's comment:

 

3 hours ago, Villanelle said:

That's not exactly how it works. The ROC process is unique as it allows you to file 751 as many times as you want and they accept such filings up until the Judge terminates your status. 

 

When someone fails to file ROC on time they don't automatically and immediately lose status. It takes a long time for USCIS to realize they failed to file and for the case to be sent to a judge to strip status. 

 

No one can say for sure that this hasn't happened to the OP but I am positive that it most likely hasn't. 

 

The only reason why they would reject the late ROC is if they failed to include letter of explanation for late filing. Also just FYI the reason for late filing is N/A from their perspective. They don't care if you say you forgot or were busy, it's not something where you have to satisfy them with an explanation, you simply are required to submit the explanation.

 

[gregoryagu 30]

Just to post an update, I mailed the I-751 on Friday and it was expected to arrive on Monday 22 March.  I will post another update once I get a response as a follow up.