Late removal of condition filling

[Albinjr26 12]

Hi, so finally I'm able to file to remove the conditions on my gc, it's going to be a late filling due to financial hardship and health issues. I know I have to send in a letter explaining why it's so late but I would like to know what else I have or should I send with my forms also can I pay with a credit card for this? Any help is greatly appreciated. 

[Rocio0010 5,579]

How late are we talking about?

you should file the i751 and include evidence of your relationship from the time you entered your marriage until now. Such evidence may include: joint lease, joint bills, joint mortgage/ deed, birth certificate of children born to this relationship, trips and reservations taken together, etc etc 

[Albinjr26 12]

32 minutes ago, Rocio0010 said:

How late are we talking about?

you should file the i751 and include evidence of your relationship from the time you entered your marriage until now. Such evidence may include: joint lease, joint bills, joint mortgage/ deed, birth certificate of children born to this relationship, trips and reservations taken together, etc etc 

It's been 4yrs since my 2yr gc expired

[Timona 4,207]

It can be done. Though expect scrutiny as your excuse may not cut it. 4 years?

 

 

Edited March 2, 2022 by Timona

[Albinjr26 12]

1 minute ago, Timona said:

It can be done. Though expect scrutiny as your excuse may not cut it. 4 years?

 

 

Yes, I've seen posts in here of people that have waited 10yrs just because they forgot about it and been approved.

[Timona 4,207]

Just now, Albinjr26 said:

Yes, I've seen posts in here of people that have waited 10yrs just because they forgot about it and been approved.

Link?

[Boiler 45,510]

I would send in your supporting medical records.

[Albinjr26 12]

12 minutes ago, Timona said:

Link?

https://www.visajourney.com/forums/topic/662528-i-751-late-filers-experiences/?do=findComment&comment=9131723

 

[Albinjr26 12]

2 minutes ago, Boiler said:

I would send in your supporting medical records.

I plan on sending those along with our bankruptcy records.

[Villanelle 4,122]

You should also call the 800 number for the court to make sure they didn't start removal proceedings since it's been 4 years... Follow the prompts and enter your A# and whatever else it asks. If it says no records/info you are not in the system. 

 

I wouldn't put too much effort into the late filing excuse letter. It's more that they need the letter to ultimately approve your case. The policy says to accept any valid reason for the late filing and 'valid' is a very low bar. People can say they forgot and thats valid. 

 

Just get your package in asap 

[mindthegap 2,590]

Is this a joint filing, or a divorce waiver filing?

 

If the former, then yes, you need a letter giving your reasons for filing late for it to be accepted.

If it is a divorce waiver filing, you do not need a letter, as divorce waiver filings are never considered late and can be filed at any time...

 

However, as Villanelle states, you may want to check that you are actually still a permanent resident - over those four years, you could have received a judgement in abstentia by an immigration judge issuing a final order of removal and terminating your permanent residence, which means you are no longer a permanent resident and therefore cannot file an I-751. 

 

The automated number is 1-800-898-7180 and have your A# to hand.... and they have recently updated it so you can now check the status online https://acis.eoir.justice.gov/en/

[SalishSea 17,829]

18 hours ago, Albinjr26 said:

It's been 4yrs since my 2yr gc expired

Whether to pay by credit card is the least of your worries.

 

You may want to get a lawyer to help prepare a well-written statement about why you are so late.  I'd say your chances of approval are marginal.  Four years is a long time, and the burden is on you to show evidence that it was beyond your control.  Good luck.

18 hours ago, Albinjr26 said:

Yes, I've seen posts in here of people that have waited 10yrs just because they forgot about it and been approved.

So you seem to think its no big deal?

[Rocio0010 5,579]

21 hours ago, Albinjr26 said:

Yes, I've seen posts in here of people that have waited 10yrs just because they forgot about it and been approved.

Just because it worked for somebody it doesn’t necessarily mean it will work for you. Different cases, different field offices, different officers. 
That being said, it might be approvable. All you can do is try. I mean, I understand health issues, but bankruptcy? Seriously? I’m not saying it is cheap, but from the approval of your AOS you had some time to save at least some money. Come on. 
 

[Albinjr26 12]

11 hours ago, mindthegap said:

Is this a joint filing, or a divorce waiver filing?

 

If the former, then yes, you need a letter giving your reasons for filing late for it to be accepted.

If it is a divorce waiver filing, you do not need a letter, as divorce waiver filings are never considered late and can be filed at any time...

 

However, as Villanelle states, you may want to check that you are actually still a permanent resident - over those four years, you could have received a judgement in abstentia by an immigration judge issuing a final order of removal and terminating your permanent residence, which means you are no longer a permanent resident and therefore cannot file an I-751. 

 

The automated number is 1-800-898-7180 and have your A# to hand.... and they have recently updated it so you can now check the status online https://acis.eoir.justice.gov/en/

Thanks, I saw your post advising someone that had a late filing also to call the number, I already did and I don't have a case open, also I'm filing jointly, no divorce.

[Albinjr26 12]

48 minutes ago, Rocio0010 said:

Just because it worked for somebody it doesn’t necessarily mean it will work for you. Different cases, different field offices, different officers. 
That being said, it might be approvable. All you can do is try. I mean, I understand health issues, but bankruptcy? Seriously? I’m not saying it is cheap, but from the approval of your AOS you had some time to save at least some money. Come on. 
 

You are right not everybody is the same, hopefully you don't see yourself in the same position I was were I had to file for bankruptcy after losing everything. Good luck.