Two Years Late in Filing I-751 -- What to Do? [split topic]

[BoyMoma 0]

I am two years late in filing my I-751 form. Here’s the situation:

- We completely overlooked this particular form.
- After my initial green card expired, we applied for the I-90, which has been in process for two years.
- With the extension they provided, I was able to travel and receive my driver's license.
- In April this year, I filed for the N-400.
- During this entire time, I received no communication from USCIS regarding missing documentation.
- Today, at my naturalization interview, I learned I was supposed to file the I-751.
- After some back and forth with the officer, he still conducted my interview. He mentioned that since I am married and have children, I should not have a problem, and he asked me to submit an affidavit of explanation plus supporting documents.
- Later today, I received a letter in my portal asking for "missing documents," specifically the I-751. They gave me four days to provide evidence of the I-751 acceptance or processing status.

I am unsure of what to do. Please help and advise.

Edited June 5 by TBoneTX
removed quote from other thread

[TBoneTX 44,613]

The above was split from an old thread in the ROC forum.

[nastra30 2,225]

@BoyMomaFile the I-751 right away. Add an explanation letter that you unknowingly filed the wrong form I-90. Include the I-90 receipt with your filing.

Unfortunately, you screwed up so your naturalization will have to wait. Without a properly filed and approved I-751 you'll never be a citizen. Good luck.

Edited June 5 by nastra30

[Crazy Cat 41,143]

9 hours ago, BoyMoma said:

I am two years late in filing my I-751 form. Here’s the situation:

- We completely overlooked this particular form.
- After my initial green card expired, we applied for the I-90, which has been in process for two years.
- With the extension they provided, I was able to travel and receive my driver's license.
- In April this year, I filed for the N-400.
- During this entire time, I received no communication from USCIS regarding missing documentation.
- Today, at my naturalization interview, I learned I was supposed to file the I-751.
- After some back and forth with the officer, he still conducted my interview. He mentioned that since I am married and have children, I should not have a problem, and he asked me to submit an affidavit of explanation plus supporting documents.
- Later today, I received a letter in my portal asking for "missing documents," specifically the I-751. They gave me four days to provide evidence of the I-751 acceptance or processing status.

I am unsure of what to do. Please help and advise.

You need to file an I-751 package ASAP.  You need to include a GOOD explanation for the late submittal. Your N-400 cannot proceed until an I-751 has been approved.  It will take several weeks to receive the I-751 receipt.  You could be looking at 2 years before the I-751 is processed. I would also be prepared for the N-400 to be denied.  Good luck.  

 

 

[top_secret 2,275]

I did see one recent case with EXACTLY the same circumstances (filed I90 instead of I751, notified of their mistake at N400 interview), where the officer held the N400 open, expedited approval of a hastily filed I751 and still allowed them to naturalize on the original N400 within a month or two.  I'm guessing they had a very gracious officer and not every one could expect such luck but that was one success story.  I'll look and see if I can find that case.  I don't remember if it was here or elsewhere.

[top_secret 2,275]

I found this recent case in a Facebook group. 

 

Quote

Thought I’d share my story here

Naturalized March 15, 2024

Applied sept 2023.

Passed interview (Chicago Field office) scheduled for oath November 2023.

Showed up for oath but could not naturalize that day because I never filed for ROC (i751), filed (i90) instead.

Sent in my ROC with all our joint documents, affidavit, approved in three weeks, December 21, 2023 (best Christmas gift ever). Received letter of new oath 2 months later, and I had my oath ceremony on March 15, 2024

You all got this, god is good

 

[mindthegap 2,578]

File an I-751 NOW. Like TODAY and overnight it with delivery by 9am. 

Just the form, the payment and a letter in requesting late filing. Forget the evidence for now, you can deal with that as soon as it is filed. You should get the text acknowledgement & receipt number within a couple of days, which you can give them as proof of filing. 

 

You MUST put a letter in, requesting a late filing. If you don't, it WILL be rejected. You have a reasonable excuse for the late filing, namely that you mistakenly filed an I-90 (include a copy of the receipt) and that you received no reminder to file an I-751 at any time - you need to write those things in your letter.  The onus is always on you to know what to file of course, but you filed an I-90 instead of an I-751 indicates that you intended to comply with what you thought was the requirements, and this should be an acceptable reason for late filing and you should receive the receipt soon. 

 

You can send/upload all your evidence later, but for now just get the form, payment, and letter in ASAP. 

Edited June 5 by mindthegap