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

[HRQX 4,145]

14 minutes ago, arturo sando said:

So will it be denied ?

I personally won't venture and guess the decision of the I-751 but if it's denied then technically there is the option of the US citizen filing a new I-130 and you filing Adjustment of Status based on that new petition: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

In Matter of Stockwell (PDF),^[23] the Board of Immigration Appeals adopted a narrow interpretation of the regulation implementing this adjustment bar,^[24] stating that the bar no longer applies if USCIS terminates the noncitizen’s CPR status.^[25]

 

USCIS can terminate CPR status for reasons specified in INA 216 or INA 216A.^[26] Although the immigration judge may review the termination in removal proceedings, the bar no longer applies upon USCIS terminating the CPR status; it is not necessary that an immigration judge have affirmed USCIS’ decision to terminate the noncitizen’s CPR status before the noncitizen may file a new adjustment application.

 

Therefore, under INA 245(a), USCIS may adjust the status of a noncitizen whose CPR status was previously terminated, if:^[27]

• The noncitizen has a new basis for adjustment;

• The noncitizen is otherwise eligible to adjust;^[28] and

• USCIS has jurisdiction over the adjustment application.^[29]

When seeking adjustment of status again, the applicant may not reuse the immigrant petition associated with the previous CPR adjustment or admission.

[arturo sando 0]

1 minute ago, HRQX said:

I personally won't venture and guess the decision of the I-751 but if it's denied then technically there is the option of the US citizen filing a new I-130 and you filing Adjustment of Status based on that new petition: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

In Matter of Stockwell (PDF),^[23] the Board of Immigration Appeals adopted a narrow interpretation of the regulation implementing this adjustment bar,^[24] stating that the bar no longer applies if USCIS terminates the noncitizen’s CPR status.^[25]

 

USCIS can terminate CPR status for reasons specified in INA 216 or INA 216A.^[26] Although the immigration judge may review the termination in removal proceedings, the bar no longer applies upon USCIS terminating the CPR status; it is not necessary that an immigration judge have affirmed USCIS’ decision to terminate the noncitizen’s CPR status before the noncitizen may file a new adjustment application.

 

Therefore, under INA 245(a), USCIS may adjust the status of a noncitizen whose CPR status was previously terminated, if:^[27]

• The noncitizen has a new basis for adjustment;

• The noncitizen is otherwise eligible to adjust;^[28] and

• USCIS has jurisdiction over the adjustment application.^[29]

When seeking adjustment of status again, the applicant may not reuse the immigrant petition associated with the previous CPR adjustment or admission.

Wow i cannot thank u enough for collecting all this info for me, a stupid internet stranger. God bless u 

[HRQX 4,145]

8 minutes ago, arturo sando said:

Wow i cannot thank u enough for collecting all this info for me,

Just note that the "USCIS has jurisdiction over the adjustment application." part means that the new AOS packet would need to filed in the window in between I-751 denial and before any removal proceedings begin. Once removal proceedings begin then USCIS no longer has jurisdiction; it would be DOJ that has jurisdiction at that point. https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status "If you are filing: You are currently in exclusion, deportation, or removal proceedings"

For more information, read the Pre-Order Instructions (PDF, 178.54 KB).

Edited September 10, 2021 by HRQX

[da95826 387]

6 minutes ago, arturo sando said:

we have a joint bank account. And can prove we have lived togethe

Joint tax return transcripts from IRS for each year of marriage

W2 or 1099 for each throughout marrage

State issue IDs with same address (driver's licenses, official IDs)

Photos together on vacation, family events, holidays and so on

Affidavits of people who can attest to your marriage and you live together as a couple at your home. (weak evidence but better than nothing)

Letters address to both of you at home address

Joint bills

Joint lease

Joint insurance (health, car, life)

Work  benefits for spouse

[arturo sando 0]

2 minutes ago, da95826 said:

Joint tax return transcripts from IRS for each year of marriage

W2 or 1099 for each throughout marrage

State issue IDs with same address (driver's licenses, official IDs)

Photos together on vacation, family events, holidays and so on

Affidavits of people who can attest to your marriage and you live together as a couple at your home. (weak evidence but better than nothing)

Letters address to both of you at home address

Joint bills

Joint lease

Joint insurance (health, car, life)

Work  benefits for spouse

This is awesome thank u so much! 

[da95826 387]

1 minute ago, arturo sando said:

This is awesome thank u so much! 

The sooner you file your i751 the better, once you provide a complete joint i751 application with the explanation for filing late the better. 

[arturo sando 0]

14 minutes ago, HRQX said:

Just note that the "USCIS has jurisdiction over the adjustment application." part means that the new AOS packet would need to filed in the window in between I-751 denial and before any removal proceedings begin. Once removal proceedings begin then USCIS no longer has jurisdiction; it would be DOJ that has jurisdiction at that point. https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status "If you are filing: You are currently in exclusion, deportation, or removal proceedings"

For more information, read the Pre-Order Instructions (PDF, 178.54 KB).

thank u i will remember your advice and wont mess up the dead line this time, if i need to file for this. 

[PaulaCJohnny 713]

6 minutes ago, arturo sando said:

thank u i will remember your advice and wont mess up the dead line this time, if i need to file for this. 

Can I ask you how long did your green card expired?

[arturo sando 0]

4 minutes ago, PaulaCJohnny said:

Can I ask you how long did your green card expired?

it expired march 2021. i sent the i90 in error with no i-751 in november 2020. i just got a notice in the mail dated august 16 2021 explaining that i never sent a i751 and that was when i first learned of it,,, i know i look very stupid but my wife did 100% of the immigration paperwork until we had problems and didnt speak for some months. now things are much better between us and i was incorrectly assuming that i had done all my paper work right, again, i know i look stupid 

[arturo sando 0]

20 minutes ago, arturo sando said:

thank u i will remember your advice and wont mess up the dead line this time, if i need to file for this. 

is mentioning marital troubles to USCIS a bad idea? idk how to explain the errors made without telling the truth

[HRQX 4,145]

18 minutes ago, arturo sando said:

i just got a notice in the mail dated august 16 2021 explaining that i never sent a i751

What did the notice say exactly? Is it a "termination" notice like in the following picture?

Edited September 10, 2021 by HRQX

[arturo sando 0]

1 minute ago, HRQX said:

What did the notice say exactly? Is it a "termination" notice like in the following picture?

 

the letter i got says "decision" at the top and is just to inform me that my i90 has been denied because i never sent the i751. this notice is how i learned of the i751... i have been sitting around since march when my green card expired wondering why the renewal have not come yet and here it was because i didnt file a huge thing

[HRQX 4,145]

7 minutes ago, arturo sando said:

the letter i got says "decision" at the top and is just to inform me that my i90 has been denied because i never sent the i751.

You could send a photocopy of that decision letter when filing I-751 in order to show that you tried filing something (albeit now you know it was the incorrect form) before the 2-year GC expired.

10 minutes ago, arturo sando said:

wondering why the renewal have not come yet and here it was because i didnt file a huge thing

Many report that I-751 takes a long time to process: https://egov.uscis.gov/processing-times/

[da95826 387]

35 minutes ago, arturo sando said:

it expired march 2021. i sent the i90 in error with no i-751 in november 2020. i just got a notice in the mail dated august 16 2021 explaining that i never sent a i751 and that was when i first learned of it,,,

You are not the first to make this error, USCIS has seen it many times before so I think your i751 application will be accepted with your explanation of your error filing the i90.

No need to get into the marriage issue with USCIS of your spouse not doing the paperwork. It is your petition just explain what happened in your explanation for filing late.

Edited September 10, 2021 by da95826

[rohsha 10]

There’s a lot of good advice here, but I think you need an immigration lawyer to help you. You are already 6 months late in filing your i751 and face the real risk of having your conditional permanent resident status terminated.