did not file I-751 on time- HELP waiver needed

[arturo sando 0]

me and my wife have had marital problems and she left me for some time. during this time she said i must complete all my visa paper work on my own. she did everything for me for the whole K1 process and the adjustment of status, so i knew nothing of the whole process. I thought I only had to apply for a new green card, and so I never sent in any kind of I-751 this I have been informed by USCIS is very very incorrect. 

 

how do i send a request for a waiver since my sponsor refused to file with me? please please help me I cannot afford a lawyer and I am not good at english.

 

my wife and i are working on reconciling , I dont want to divorce her. I just want to fix my immigration problems and save our marriage but idk how to begin 

 

I know I look very stupid I made a huge oversight, please dont rub it in, just help me if you can and are willing. 

 

thank you- ARTURO 

[HRQX 4,145]

12 minutes ago, arturo sando said:

I dont want to divorce her.

Then that limits your options: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

...without your spouse if:

..

• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or

.

• The termination of your status and removal from the United States would result in extreme hardship.

Edited September 10, 2021 by HRQX

[arturo sando 0]

2 minutes ago, HRQX said:

Then that limits your options: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

...without your spouse if:

..

• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
• Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
• The termination of your status and removal from the United States would result in extreme hardship.

In your opinion is there anyway i can fix this mistake and stay in the states with my wife. Our marriage was completely real and based on love, in good faith. But we had problems and separated for a time, it was during this time that i made my error and neglected to file. 
 

i dont want to divorce, she never abused me. Idk what to tell USCIS…. Please give advice, is there anything we can do? What should we do? 

[da95826 387]

Your only option would be to file a late joint i751 application with your spouse and explain why you filed late due to the error of filing an i90 to renew your green card. USCIS can accept late i751 joint applications if the petitioner provides a good explanation for filing late, your spouse would need to sign the spouse section of the i751 form and would need to attend the interview if an interview is required. 

 

You are the petitioner as the green card holder in a i751 application

[arturo sando 0]

2 minutes ago, da95826 said:

Your only option would be to file a late joint i751 application with your spouse and explain why you filed late due to the error of filing an i90 to renew your green card. USCIS can accept late i751 joint applications if the petitioner provides a good explanation for filing late, your spouse would need to sign the spouse section of the i751 form and would need to attend the interview if an interview is required. 

 

You are the petitioner as the green card holder in a i751 application

Thank u so much for responding! So do we just prepare a joint i-751 with a letter explaining why it is late. How do we provide an explanation? 

[HRQX 4,145]

6 minutes ago, arturo sando said:

So do we just prepare a joint i-751

But earlier you stated that: "since my sponsor refused to file with me?" So would your wife now sign the I-751 in the relevant box or not?

Edited September 10, 2021 by HRQX

[arturo sando 0]

Just now, HRQX said:

But earlier you stated that: "since my sponsor refused to file with me?" So would your wife sign the I-751 in the relevant box or not?

Yes we have reconciled and she is willing to do the joint file with me, its just that we were separated at the time that i should have been filing the i-751. Will USCIS accept this explanation for why i didnt file? 

[HRQX 4,145]

2 minutes ago, arturo sando said:

Will USCIS accept this explanation for why i didnt file? 

Should provide a better reason. See INA 216(d)(2)(B): "Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A)."

[SalishSea 18,072]

25 minutes ago, arturo sando said:

Thank u so much for responding! So do we just prepare a joint i-751 with a letter explaining why it is late. How do we provide an explanation? 

Not understanding the process or requirements is not a valid reason. 

[arturo sando 0]

5 minutes ago, Jorgedig said:

Not understanding the process or requirements is not a valid reason. 

So will it be denied ? What can be done ? I know it was an idiot mistake but i want to stay with my wife what can i do? 

[SalishSea 18,072]

4 minutes ago, arturo sando said:

So will it be denied ? What can be done ? I know it was an idiot mistake but i want to stay with my wife what can i do? 

No one here can say if it will be denied.   But "I didn't know I was supposed to" is not a valid reason when it comes to USCIS. You are expected to know what is required, and when.   All you can do now is truthfully explain what happened.  

 

And from now on, own your process by becoming educated on the requirements.  US immigration takes some vigilance and planning.

Edited September 10, 2021 by Jorgedig

[arturo sando 0]

2 minutes ago, Jorgedig said:

No one here can say if it will be denied.   But "I didn't know I was supposed to" is not a valid reason when it comes to USCIS. You are expected to know what is required, and when.   All you can do now is truthfully explain what happened.  

 

And from now on, own your process by becoming educated on the requirements.  US immigration takes some vigilance and planning.

Thank you for your helpful responses!! Can you please answer one more thing, so do we just fill out i-751 and provide all the supporting documents and ontop of all the files have a letter stating what exactly happened? Or is the explanation a whole other form or something? 

[da95826 387]

34 minutes ago, arturo sando said:

Thank u so much for responding! So do we just prepare a joint i-751 with a letter explaining why it is late. How do we provide an explanation?

You would prepare your i751 providing all the needed evidence of bona fide marriage that you and your spouse live together and share finances with each other throughout the marriage.

You will include a statement regarding filing late, you would not be the first person to file late due to incorrectly filing the wrong form (i90 vs i751) or you lost track of time whatever, you can only explain what happened and why you filed late.

The sooner you apply for your i751 the better.

Contact a experience immgration attorney to help you file if you need help.

[SalishSea 18,072]

Just now, arturo sando said:

Thank you for your helpful responses!! Can you please answer one more thing, so do we just fill out i-751 and provide all the supporting documents and ontop of all the files have a letter stating what exactly happened? Or is the explanation a whole other form or something? 

No, there is no form or boilerplate.  Just write up a concise explanation of that caused the delay in the format of a business letter.  You could emphasize that you are working to resolve the issues that led to the separation.

 

Do you have high quality evidence of commingled finances, property, wills, each other named as beneficiaries on assets, etc?

[arturo sando 0]

Just now, Jorgedig said:

No, there is no form or boilerplate.  Just write up a concise explanation of that caused the delay in the format of a business letter.  You could emphasize that you are working to resolve the issues that led to the separation.

 

Do you have high quality evidence of commingled finances, property, wills, each other named as beneficiaries on assets, etc?

You are very kind to help me, i know i look like an idiot. 
 

we have a joint bank account. And can prove we have lived together. We dont have assests or wills or anything like that