I-751 Rejected for a wrong reason

[sami76 0]

Hi Friends,

After almost 14 weeks of waiting for the receipt of my I-751 file, I received the file itself which is rejected for an absolutely wrong reason.

I filed for I-751 almost 3 weeks before expiration of my green card to TSC the last days of July (Old Fees) .TSC has sent my file in October to CSC, and now the have rejected it saying that I have filed after the second anniversary of my conditional permanet residency!!!

I made an infopass appointment. Will keep you updated.

Sami

Edited November 14, 2007 by sami76

[Waiting4GC 0]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

[Marilyn. 340]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

actually it isn't... you can file anywhere between 90 days and the day the card expires... of course it is better to mail it off as soon as possible but as long as you send it in before the expiration date it isn't too late

Edited November 14, 2007 by MarilynP

[Cassie 8]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

Not true. You have 90 days to file. If you file after your card expires, that's when you have trouble.

from the filing instructions on the I-751 form itself:

When Should I File the Form I-751?

. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

. Effect of not filing.

If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.

[Marilyn. 340]

Hi Friends,

After almost 14 weeks of waiting for the receipt of my I-751 file, I received the file itself which is rejected for an absolutely wrong reason.

I filed for I-751 almost 3 weeks before expiration of my green card to TSC the last days of July (Old Fees) .TSC has sent my file in October to CSC, and now the have rejected it saying that I have filed after the second anniversary of my conditional permanet residency!!!

I made an infopass appointment. Will keep you updated.

Sami

that doesn't sound right, hopefully you get it sorted out....

[sami76 0]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!!

[Carolyn 1]

I think they made a mistake. I hope it gets cleared up quickly at your infopass appointment!

Carolyn

[Jasman0717 9]

Sounds like a clerk screwed up. The case should go to an immigration judge after denial so you can should your proof there.

[tweety 1]

Did you keep the postal receipts and receipt notices? If so hold on to them tight - they are golden proof for you right now.

I would just resubmit with a brightly colored coverletter explaining their mistake. Attach the old fees. Also submit copies of the postal receipt and receipt notices. You should also attach copies of their communication to you.

They probably won't be able to help you much on the infopass appointment.

Good luck anyway.

[Cassie 8]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!!

yes you are right, see other posts above

let us know how the infopass appointment goes

[Jasman0717 9]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!!

yes you are right, see other posts above

let us know how the infopass appointment goes

[Waiting4GC 0]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!!

yes you are right, see other posts above

let us know how the infopass appointment goes

I understand that it is "within 90 days" but thinks can happen. Mail can get lost or delay or sent to the wrong place. That is why I said it was too late. Would you really risk sending your application that close to the deadline? I wouldn't.

Anyway, I hope you can solve this.

[diadromous mermaid 36]

You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late.

What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!!

yes you are right, see other posts above

let us know how the infopass appointment goes

I understand that it is "within 90 days" but thinks can happen. Mail can get lost or delay or sent to the wrong place. That is why I said it was too late. Would you really risk sending your application that close to the deadline? I wouldn't.

Anyway, I hope you can solve this.

Mailing the packet to arrive on the 90th day is not "too late", just as mailing the application several weeks or even months after the green card has expired is not necessarily "too late". Acceptance of any untimely submissions is discretionary, but if an alien indicates with the submission the reason for delay, and USCIS accepts the "reason" offered, it isn't too late!