didn't notify change of address, didn't file i751 on time :(

[rodrigo79 0]

Hello guys and girls, I hope I can get some guidance from you. I'm a naturalized citizen. I brought my wife on a K1 visa back in late 2006, we got married in december 06 in FL, and she received all her paperwork, SSN and "green card" there.

We moved to MA at the end of 07, so we have been living here since 07 and never notified immigration. Now I have been through all the steps to become a naturalized citizen and am aware that this is something you have to keep up at the top of your list, but we just simply forgot, honest mistake. Now the problem is this. Not only didn't we notify them of the move, but we also missed the deadline for sending the i751 form. We should've mailed it before 03/06/09 and didn't.

We traveled to Peru together in february of this year (her "green card" was still valid), and she went to Peru just 2 weeks ago to visit her family, (green card was already expired at that point) nobody in immigration/security said anything here in Boston nor in Miami. She was stopped last week at the airport in Lima (when trying to return) because her papers are expired.

I'm going crazy right now, We fought so hard and waited so long to get her here, and now because of our stupid omission she's unable to return. Only now we realize all the things we should've done and didn't, and we're really scared of our prospects for now.

Should I file for the change of address first? Will that make any difference at this point? Should I just send the i751 form and explain that this was an honest mistake (I mean, it's up to us to keep up with it, I know that, but we honestly thought she still had one more year and that we would receive notification of what needed to be done next) plus why would she willingly leave the country if she knew she couldn't return?

We've known each other since high school, we waited, literally years; so I could become a citizen and then bring her with me. I'm heartbroken and so upset at our lack of diligence, but I don't know where/what to begin with to fix this.

Any help would be really appreciated.

Thank you

[Anh map 2,098]

Hello guys and girls, I hope I can get some guidance from you. I'm a naturalized citizen. I brought my wife on a K1 visa back in late 2006, we got married in december 06 in FL, and she received all her paperwork, SSN and "green card" there.

We moved to MA at the end of 07, so we have been living here since 07 and never notified immigration. Now I have been through all the steps to become a naturalized citizen and am aware that this is something you have to keep up at the top of your list, but we just simply forgot, honest mistake. Now the problem is this. Not only didn't we notify them of the move, but we also missed the deadline for sending the i751 form. We should've mailed it before 03/06/09 and didn't.

We traveled to Peru together in february of this year (her "green card" was still valid), and she went to Peru just 2 weeks ago to visit her family, (green card was already expired at that point) nobody in immigration/security said anything here in Boston nor in Miami. She was stopped last week at the airport in Lima (when trying to return) because her papers are expired.

I'm going crazy right now, We fought so hard and waited so long to get her here, and now because of our stupid omission she's unable to return. Only now we realize all the things we should've done and didn't, and we're really scared of our prospects for now.

Should I file for the change of address first? Will that make any difference at this point? Should I just send the i751 form and explain that this was an honest mistake (I mean, it's up to us to keep up with it, I know that, but we honestly thought she still had one more year and that we would receive notification of what needed to be done next) plus why would she willingly leave the country if she knew she couldn't return?

We've known each other since high school, we waited, literally years; so I could become a citizen and then bring her with me. I'm heartbroken and so upset at our lack of diligence, but I don't know where/what to begin with to fix this.

Any help would be really appreciated.

Thank you

There is a sort of grace period for late filing, but may not be 5 months or so. Best idea I can think of is make an Infopass appointment to speak with someone face to face and learn your options as well as get the I-751 submitted.

Don't forget that you do need a front and back copy of her green card for the I-751.

For the change of address, her change is the online AR-11, as well as mailing in a copy of the form. For your change of address (assuming that you were the I-864 sponsor) the I-865 is mailed in.

[Otto 83]

Should I file for the change of address first? Will that make any difference at this point? Should I just send the i751 form and explain that this was an honest mistake (I mean, it's up to us to keep up with it, I know that, but we honestly thought she still had one more year and that we would receive notification of what needed to be done next) plus why would she willingly leave the country if she knew she couldn't return?

USCIS has no obligation to remind us of anything - even though, recently, they began sending out reminder notifications to adjust status - still (as you said) the responsibility falls on us.

It is also not the airport authorities to ask about this when traveling outside the country - you are free to leave any time, which is why they stopped her when trying to reenter and not when she left.

When exactly did her PR/Green Card expire?

[rodrigo79 0]

the exact expiration date was 03-06-09. I know we should've kept on top of this, life happens though. I'm not making any excuses, and I know this is probably going to be both an expensive and lengthy process. The way I see it, worst case scenario would be me having to start a brand new petition, this time putting as my wife though, correct?

[TayRivers 4]

the exact expiration date was 03-06-09. I know we should've kept on top of this, life happens though. I'm not making any excuses, and I know this is probably going to be both an expensive and lengthy process. The way I see it, worst case scenario would be me having to start a brand new petition, this time putting as my wife though, correct?

Contact the US embassy in the country where your wife is. They can issue a Letter allowing her to enter the USA, if the chose to. This happened to another member just a few weeks ago. I can not search for the post as I am at work. Maybe someone else will remember and find it.

Good Luck.

[Chica Yeyé 41]

Contact the Consulate in Lima to see about the Letter. If might not work, but it's worth a shot.

Go to an InfoPass appointment for more guidance.

Unfortunately, chances are you will have to go through the entire process again; so begin gathering your evidence.

[Otto 83]

the exact expiration date was 03-06-09. I know we should've kept on top of this, life happens though. I'm not making any excuses, and I know this is probably going to be both an expensive and lengthy process. The way I see it, worst case scenario would be me having to start a brand new petition, this time putting as my wife though, correct?

Yes - being just over 5 months past the expiration date of the PR/Green Card; filing the I-751 now would very likely result in a waste of time and possibly money. (I doubt very seriously there is a 5-month grace period.)

I would try to find out for sure - make an Infopass appointment but...

In all likelihood - her PR-status has been assumed to have been abandoned at this point so your best move now would be to follow the spousal visa route (yes, starting over). You have been married long enough to go for the IR-1 visa (guides for this can be found here on VJ).

It's very unfortunate to read your story...

Edited August 10, 2009 by Otto und Karin

[Anh map 2,098]

the exact expiration date was 03-06-09. I know we should've kept on top of this, life happens though. I'm not making any excuses, and I know this is probably going to be both an expensive and lengthy process. The way I see it, worst case scenario would be me having to start a brand new petition, this time putting as my wife though, correct?

Contact the US embassy in the country where your wife is. They can issue a Letter allowing her to enter the USA, if the chose to. This happened to another member just a few weeks ago. I can not search for the post as I am at work. Maybe someone else will remember and find it.

Good Luck.

Here is that thread: http://www.visajourney.com/forums/index.ph...209636&st=0

Edited August 10, 2009 by Anh map

[Otto 83]

In some other reading - have read some explanations that could offer some hope.

One thing I read was that filing the I-751 immediately will generate and extension of the PR status (1 year) automatically - this doesn't mean the petition will be approved or denied since that will depend on the reason(s) for filing late. If this is correct - it is good news.

One thing I'm concerned with is you've not let them know where you live so you could potentially have missed some important correspondences - an Infopass appointment would be prudent for sure.

[Chica Yeyé 41]

In some other reading - have read some explanations that could offer some hope.

One thing I read was that filing the I-751 immediately will generate and extension of the PR status (1 year) automatically - this doesn't mean the petition will be approved or denied since that will depend on the reason(s) for filing late. If this is correct - it is good news.

One thing I'm concerned with is you've not let them know where you live so you could potentially have missed some important correspondences - an Infopass appointment would be prudent for sure.

Yup. Usually, USCIS tendss to be relatively forgiving about missing a change of address; but the OP has put himself and his wife in quite a sticky situation. USCIS might actually have sent them whichever amount of correspondence to their address on file, and if it was returned as undeliverable, that makes things even worse.

[Anh map 2,098]

FWIW (not to rub salt in any wounds) my wife did receive the reminder letter to file for removal of conditions and that was forwarded. Mail forwarding is usually for a year (I am pretty sure) so that's why the OP didn't receive anything.

Include a copy of the Electronic Receipt for the wife's AR-11 with the I-751. Better if she can sign it before sending in even though it says on the receipt you don't need to sign and send.

We did send it (unsigned) in the I-751 pkg. because I was worried that the system would not update the address change we had done months earlier. We recently got the AR-11 form sent to us at the new address requesting a signature. Hence my suggestion.

[rodrigo79 0]

In some other reading - have read some explanations that could offer some hope.

One thing I read was that filing the I-751 immediately will generate and extension of the PR status (1 year) automatically - this doesn't mean the petition will be approved or denied since that will depend on the reason(s) for filing late. If this is correct - it is good news.

One thing I'm concerned with is you've not let them know where you live so you could potentially have missed some important correspondences - an Infopass appointment would be prudent for sure.

i had read about that too somewhere, so hearing it here from you gives me a little more hope! thank you

[Chica Yeyé 41]

Don't rely on hope or on what we, simple mortals, tell you. Schedule an Infopass appointment as soon as possible. Have you contacted the Lima Consulate yet? What did they say? You need to move fast.

[rodrigo79 0]

Don't rely on hope or on what we, simple mortals, tell you. Schedule an Infopass appointment as soon as possible. Have you contacted the Lima Consulate yet? What did they say? You need to move fast.

I know, I just don't want to feel so lost. Embassy said if she shows the letter (with the 12 month extension) she can get a letter authorizing her to travel. but since our troubles are two-folded (with the change of address thing) I'm not sure about what to do next. I'm about to head out to see an attorney

[TayRivers 4]

Don't rely on hope or on what we, simple mortals, tell you. Schedule an Infopass appointment as soon as possible. Have you contacted the Lima Consulate yet? What did they say? You need to move fast.

I know, I just don't want to feel so lost. Embassy said if she shows the letter (with the 12 month extension) she can get a letter authorizing her to travel. but since our troubles are two-folded (with the change of address thing) I'm not sure about what to do next. I'm about to head out to see an attorney

MAKE AN INFOPASS APPOINTMENT Thats what you need to do next. A lawyer can not answer for USCIS, thay are the ones who can help you.

SPEAK TO AN IMMIGRATION OFFICER AS SOON AS POSSIBLE.