Green Card Expired

[lily007 0]

Hi everyone,

my husband and I put ourself in a difficult situation. He is a U.S. citizen and I'm European. We have been maaried for 2 years and 1/2.

My GC expired in May 2, 2007 and we realized it only now. We were both overworking ourselves and were busy being involved in the community (two jobs for him, including helping shelters, me full time student and working part time), and for some reasons we both thought (stupidly) that we had to remove the conditional before our 3 years wedding anniversary.

We are putting together all the documents required, but we are a bit concerned (yes, we should be): the USCIS states that we can still send the documents but must bring proof that sending the application late was out of our control. The only excuse we have is that... we forgot (I am feeling stupid here) and did not keep track of the dates... I am not sure they will accept that as a valid excuse but it is the truth and all we got.

In the worst case scenario, will we have to file everything from the beginning? (AOS etc...? Worst case scenario, yes, I will be deported)

Shall we make an appointment with infopass (even after sending the documents?)?

Hum, has anyone ever been through that before?

I thank you all for your help. Please, no bashing about us forgetting; trust me, I feel bad enough...

[YuAndDan 153]

Yes an info-pass may answer questions.

[lucyrich 20]

File right away, with a contrite letter of apology, explaining how you misunderstood the filing date, and include some solid evidence of a bona fide marriage.

Since you're late, they have the option of rejecting your filing and starting removal proceedings, but they also have the option of accepting your late filing and proceeding as though everything were filed on time. On the other hand, if you don't file, they have no choice but to start removal proceedings, so you don't have anything to lose by filing.

The Adjudicator's field manual, chapter 25.1 seems to suggest they'll hold on to a "failure to file" case for 60 days to give late filers a chance, and then they'll send it off to another office to start removal proceedings. In that link go to chapter 25.1 and search for "failure to file".

If they start removal proceedings, hurry and consult with an attorney (it would probably be good to consult with one now, too). I'm not sure what your options are to stop the removal and avoid deportation, and you'll definitely want to have good advice on that point.

[lily007 0]

Thank you all, we will send all the information as soon as we can.

It's been more than 60 days now. I will keep you update.

[Kiv 32]

You are just beung honest, I hope they understand...I wish you Good luck !

[lily007 0]

Thank you all. My husband and I sent our I-751 application yesterday, after meeting with an officer who went over the paperworks. We wanted to make sure that we didn't make any mistake. On the top of sending it late, it would look worst if it was not properly filed either.

The USCIS website says that they will hold to the files 60 days after the green card expires. I thought we were out of that time frame but not yet.

We will see what happens.

I still can't believe we both forgot about that date... We added an apology letter to our application.