delayed application

[Twomoles 8]

My card expired on July 2.

We are sending out papers only tomorrow, so week later. (Eh, finances got tough)

Do I send them as usual as I was supposed to, or is there some special extra papers needed or something?

What could be consequences because of delay?

Thank you for sharing

[Immigrant2009 0]

My card expired on July 2.

We are sending out papers only tomorrow, so week later. (Eh, finances got tough)

Do I send them as usual as I was supposed to, or is there some special extra papers needed or something?

What could be consequences because of delay?

Thank you for sharing

Hi,

I am sorry to be the informer of bad news but you "SHOULD NOT HAVE DELAYED" period.

Now the applicant will be put in the deportation proceedings. Meaning they will be deported soon.

Read the I-751 instructions.

http://www.uscis.gov/files/form/I-751instr.pdf

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.

You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

I-751 is very crucial process. You should have set asid money for it a year ago.

I can understand, how things are in this tough economy but the issue with I-751 is it's either make it or break it. If file it too early they send you the application back.

If you file late the applicant is put in the deportation proceedings.

So now you made things more worse for you. I would contact not good but great immigration lawyer. Go to http://www.lawyers.com/ to find the in your area or check the one from friends or family.

Read this for the complete list of documents for I-751. I didn't know what you were thinking but it was not correct. If you gonna file late, at least you should have read the I-751 (petition to remove condition instructions at least).

Read this to see what documents you should send as a proof for I-751. http://www.visajourney.com/forums/index.php?showtopic=182620

You definitely need a lawyer now, as the conditional resident is out of stay by Immigration law. You will be deported and will have to start the processing from scratch.

Read this forum thread as well.

http://forums.immigration.com/showthread.php?t=292701

Good Luck.

[-B&T- 1]

Don't wait any longer file ASAP.Good luck.

[Twomoles 8]

Well, it is going to be shipped out tomorrow.

In cover letter I included sentence that I was delayed due to finances, what else I can do? It is only five days, I would not believe that in the next mooring some crazy agents will show up and deport spouse of US citizen just like that.

[-B&T- 1]

I hope USCIS will consider your application and will not give you a hard time for filing late.Anyway I remember somebody posted here with similar case from yours he/ she filed few days late and had no problem I just can't remember the username.It's good that you explain the situation in your cover letter.Good luck and hope you have a speedy approval.

[Immigrant2009 0]

Well, it is going to be shipped out tomorrow.

In cover letter I included sentence that I was delayed due to finances, what else I can do? It is only five days, I would not believe that in the next mooring some crazy agents will show up and deport spouse of US citizen just like that.

Hi,

I am sorry to sound rude, but I want to be honest and tell you facts rather than sugar coat them. USCIS doesn't care much about your finances while dealing with I-751 all they care about is you file it on time and give them good proof for a co-mingled marriage.

What you described about agents showing up might be a possibility. But please contact an Immigration lawyer and don't take it easy. I read a post on VJ about a member who failed to file for i-751 for his wife, then USCIS asked them for an interview appointment at the nearest airport which infact was a deportation proceedings.

So please get on it ASAP, send the application via USPS express but also contact an immigration lawyer, your case is not simple anymore.

Good Luck

Edited July 7, 2009 by Immigrant2009

[wannabe_texan 0]

Immigrant2009 is correct in stating the risks of sending the package late.

There is sometimes a 'grace' period at USCIS's discretion, so get the package in asap, with a grovelling cover letter and I would pony up for express mail or some other fast service to send it in quickly.

[Twomoles 8]

Well, I will keep updates here what happens next.

I am not sure why all this pressure and advertising about lawyers here.

I need to see some action first: If they cash my check, what do they send me back, and in regard to agents, well, I doubt USCIS is KGB.

So I will see and let you all know, still hoping to find someday who also was delayed and share some actual information and experience, instead of scare rumors.

Thank you for replies.

[Chica Yeyé 41]

My 2 cents: Send in the application; and indeed include a good explanation in your cover letter (not "finances were bad", but something more detailed -- everyone's finances are bad these days). As far as being subject to deportation; that would happen the day your GC expires if they do not accept your filing. Not one day before that.

And USCIS is not the KGB; but they have very very very stringent and precise rules that we have to follow --- it does not matter that we "thought" a 5 days delay would be ok - our thoughts are completely irrelevant. The law is the law: we don't have to like it, we just have to follow it.

Good luck to you.

[john_and_marlene 162]

So I will see and let you all know, still hoping to find someday who also was delayed and share some actual information and experience, instead of scare rumors.

They aren't scare rumors. The information given was directly from the USCIS form instructions. That is not a rumor. Perhaps it is best to state the actual rules rather than to falsely minimize the importance of filing on time.

[Twomoles 8]

I am not minimizing the importance, I know it is late, I have red instructions, package was shipped today. I know we were dragging our feet and that USCIS also does not care about finances.

I know I am now a subject of deportation, I just suppose there is interview and judge first, some action and response along that, before somebody physically drags me to the airport in sly trap excused with interview, if that really happens. And I have taxes and loans to pay back.

I would appreciate if somebody knows some real cases or information, I was looking and could not find a topic here about filling this application delayed.

However, thank you for your replies.

[john_and_marlene 162]

There was a VJ member recently (I don't recall the user name) that failed to file AOS on time and his wife was detained for some reason. It was determined that she was out of status and the last I remember, she was still in a detention cell and he was preparing for immigration court.

[Immigrant2009 0]

Well, I will keep updates here what happens next.

I am not sure why all this pressure and advertising about lawyers here.

I need to see some action first: If they cash my check, what do they send me back, and in regard to agents, well, I doubt USCIS is KGB.

So I will see and let you all know, still hoping to find someday who also was delayed and share some actual information and experience, instead of scare rumors.

Thank you for replies.

Hi,

If you think I am advertising for a lawyer, then I wouldn't have given a detailed answer or do have solicited or contacted you and would have given you a link or something, but i didn't. I told what have observed and read on this forum and others in last 5-6 months regarding I-751.

Since you sent the application. Just wait and see what happens. If you don't want to contact a lawyer then it's up to you. But make an infopass appoint for your nears USCIS field office and ask the Immigration Officer there what will happen to you now...

Like other member said the Law is the law. If you had filed on time, I would never have recommend hiring an expert, but since you filed late and put yourself in trouble, I was only suggesting what I have seen others to suggest the applicant in your situation.

let us know how it went for you.

Good Luck.

[payxibka 10,045]

And USCIS is not the KGB;

but maybe ICE is....

[Chica Yeyé 41]

And USCIS is not the KGB;

but maybe ICE is....