Was my i-751 accepted or not??

[jpaul18535 0]

We are confused, really confused at this point in time. We filed my wife's I-751 late (about 4 months late). We maile it on 4/21(Saturday, next day mail), it was received on 4/23. Our check cleared on 4/26. We received the I-797 stating "Your conditional resident status is extended for a period of one year." on Saturday 4/28.

Now to why we are confused. Knowing we were filing my wife's I-751 late, I did quite a bit of research on the web. I even engaged an "Ask and Immigration Attorney" service on the web and paid $38. I presented my wife's case to this attorney and she said that we should not file late because they are very rarely ever accepted, and that we should just start the entire process all over and save the time and the $590 I-751 filing fee. With my wife's mom in ICU in Venezuela and could pass any day now, we took our chances (against the attorney's advice) and submitted the I-751 late with a tremendous amount of documentation as well as a letter explaning our situatin and why we were filing late.

After receiving the I-797, we were so happy. My wife was planning her trip to Venezuela so she can see her mom in her final days. Remembering the advice of the on line attorney, I sent her a positive email yesterday tell her of our good news and that our late filing was actually accepted. She just replied to me saying that what I received was basically a reply form letter and that my wife's I-751 will be rejected once it gets reviewed. And she insists that I waisted $590 and that my wife should not travel outside of the US because she will not be able to get back in.

Is the I-797, Notice of Action actually an automatic reply to everyone that files an I-751? The attorney states that a clerk just accepts the money and issues a receipt (the I-797). And that once an examiner reviews her application, it will get denied.

I am planning on attempting to call Immigration services today to see what they have to say.

If anyone could share any insight on this, it would be greatly appreciated. We were planning on making my wife's reservations today but we are not now. I want to make sure we don't make a bigger mistake by having her visit her mother and not being able to re-enter the US. We have 2 children which will be staying w/me while she visits her mother and this would be devistating to say the lease if their mom could not come home.

Another question: The I-797 states that, "...during the one-year extension, you are authorized employment and travel.". Then is says "This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.". Since we filed late (her card expired 1/5/2012), was my wife's conditional resident status terminated?

Thank you in advance for support or advice.

JP

[rocks 494]

Sorry to say but yes the notice of action is a standard receipt letter that everyone receives. It does not mean that they have accepted you filing late.

[jpaul18535 0]

Wow, that is not good. So, even though the letter says that you are extended and you may work and travel, you should not? If you do work or travel and the application is rejected, then you are in violation of the law.

Under these circumstances, does my wife have any options to travel "legally" to Venezuela to see her mom? Should we get an I-551 stamp?

[jpaul18535 0]

Also, I understand everyone receives a receipt. I would think that prior to providing a receipt that states your PR has been extended for one-year, some basic condiction would have to be met. Mayb I'm just trying to reach for something positive here. I've read on here that it has take some folks upto and even more than a year to recieve their formal approval and new greeen card. Are we looking at waiting up to a year to receive a rejection or do those come sooner than the approvals?

Thanks.

[Barca 10]

Sorry to hear about your situation.

receiving the notice doesn't mean you application will not be denied! This site has some more info..I really hope they will accept your reasoning for filing late!!

http://www.pcurtislaw.com/consequences-filing-your-i-751-late

Also I would have hired an immigration lawyer in this situation if I were you! just my opinion.

Edited April 30, 2012 by Barca

[rocks 494]

It is extended for a year, unless your conditional resident status has been terminated. What this means is, if they decide not to accept your reason for filing late then the one year extension is cancelled and you will be put into removal proceedings. Everyone is given the same notice, there is no "basic condition" that anyone has to meet to receive this other than paying the correct fee, it is merely a receipt. The I-551 stamp is the same as the notice of action so that wouldn't help. I'm not really sure how your wife would be able to travel to Venezuela and be sure she can re-enter. Maybe some others have suggestions.

[jpaul18535 0]

Barca, thanks, I've see that info b/4. Hind sight is always 20/20, now I'm need to deal with what I did do.

Rocks, thanks for the clarificaiton, that is how I understood it also but with everything going on right now, I'm not sure of much.

So, I understand the receipt now and that it just basically means they have received my wife's application and one of 2 results can happen:

1) We receive a denial and I have to engage an attorney, pay a lot of money and hope everything works out to our advantage.

2) They accept our late filing and all will be good.

Is there a point in time in the process that we know that they have accepted the late filing or actually denied it? I doubt they will send us a letter. I'm assuming a denial will result in us getting a fairly pointed letter with a court date to show up for deportation. If we receive the letter for the bio appointment, does that mean they have accepted the late filing? Or do we just have to wait, sitting on pins and needles, for the next piece of mail to come in?

My stomach is in knots. I left for work this morning with my wife still asleep. She went to bed excited about getting to go to Venezuela in the next couple of weeks. I have not shared any of this with her yet. What a Monday!!!

Thanks for everyone's input.

JP

[Cino 5]

First of, let me tell you this. Your situation is not complicated. Late filing creates a big headache.

That NOA does not mean anything. USCIS issues NOA to everyone who correctly pays for ROC. Once her ROC has been adjudicated (right now sitting on one of the officer's desk),

she will be denied & put on deportation proceedings, but don't panic !....There is a way to get rid of this situation.

You will go to Immigration Court & tell your story before an Immigration Judge & I am sure he will remove the deportation proceedings & let you apply ROC again.

Then you will be under normal circumstances. Since you filed ROC recently, I am sure it will take time for an IO (6-9 months depends on Service Centers) to touch your folder but once IO looks at your folder, your wife will automatically be denied, that is the law. If she goes abroad in the mean time it can be so risky to come back to US, because once she has been rejected, all the privileges like work & travel will be frozen & she will be denied at POE (CBP officer can easily see her situation on the computer). I understand her mom is very sick but if she really has to go, tell her to make a short trip. The ball is in your court right now.

Edited April 30, 2012 by Cino

[jpaul18535 0]

Cino, thanks for the optimistic reply. I'm not the Vegas type so gambling on the fact that she can go to Venezuela and return prior to being denied isn't an option. It would be totally devastating to me and our children if my wife and the boys mother could not come back. I don't know what I would do.

It appears we should have just started over and not have filed the I-751. I agree that once a Judge sees us, talks to us, hears our story, it will be obvious we have a bona fide marriage and my confidence is very high that she will not be deported. Saying that, I know anything can happen when you go to court. I believe we made a very bad mistake due to the emotions of wanting my wife to see her mother befor she passes away. Take the 6 to 9 month window before the IO reviews and denies her I-751, then having to go to court and (being positive) being allowed to resubmit the ROC, we are probably 1 year out at best from getting this settled.

Thanks again for everone's input.

JP

[VanessaTony 3,567]

I want to tell you that it will NOT necessarily be denied and you are NOT guaranteed to have to go before a judge. Please see this post here: http://www.visajourney.com/forums/topic/308740-i-751-filing-prgreen-card-about-to-expire-discrepancy-with-expiration-date-also-edited-title/page__view__findpost__p__4979543

Unfortunately though your wife's card DID expire so she should NOT leave the country until she has a new card.

[jpaul18535 0]

Vanessa & Tony, thank you very much for the positve post. We included a very honest, heart felt letter explaning why we were late. We took extra care to make sure we included more than what was required and had it organized with tabs and summarys of each section so the documents could be easily referenced as well as understood why we included them.

I am hoping that the IO that reviews our application is having a good day and that our late filing will be accepted. I feel confident that, beyond a shadow of a doubt, they will see that our relationship is real and that they would deny us the late filing because it was late and our reason why wasn't good enough.

Thanks agian to everyone that has provided input into my situation.

[Cino 5]

I want to tell you that it will NOT necessarily be denied and you are NOT guaranteed to have to go before a judge. Please see this post here: http://www.visajourn...ost__p__4979543

Unfortunately though your wife's card DID expire so she should NOT leave the country until she has a new card.

I'm not making up the laws, you can find information below, plus one of my co-workers & his wife has applied ROC jointly like 10-day late & they had to go to an Immigration Court in Newark, NJ

I remember it was very hectic, just a big headache...After the Immigration Judge has seen their baby boy, he has granted her status again, sent the decision to VSC & the case has been resumed as if they have sent a RFE.

They have not applied ROC from the scratch.

That post is applying ROC with a waiver. Late filing can be excused because of divorce !....

Below is taken exactly from USCIS website :

"If You Are No Longer Married To Your Spouse or if You Have Been Battered or Abused by Your Spouse

If you are no longer married to your spouse, or if you have been battered or abused by your spouse,

you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident,

but before you are removed from the country."

If You Are Late In Applying To Remove The Conditions On Residence ( you're still married & applying ROC jointly )

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

- Your conditional resident status will automatically be terminated and we will begin removal proceedings against you - You will receive a notice from us telling you that you have failed to remove the conditions

• You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)
  
• The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

[VanessaTony 3,567]

I'm not making up the laws, you can find information below, plus one of my co-workers & his wife has applied ROC jointly like 10-day late & they had to go to an Immigration Court in Newark, NJ

I didn't say you were making it up I simply said there is no guarantee what will happen and you don't know what will happen. The section you quoted about the waiver filing actually refers to filing for ROC with a divorce waiver before the 90 day window, it's to clear up that issue. The gentleman I mentioned that was late filing (with a waiver) had VERY strong circumstances for failing to file in time (personal reasons that I am aware of but not able to divulge) and I'm sure it was his letter that helped his case go a bit smoother.

There is no guarantee this person will go before a judge. If they've already been put in removal proceedings then yes they will, if they haven't there's a chance if their case is strong enough that they will avoid it. I'm simply letting them know that they don't have to dread the worst, plan for the worst yes, but hope for the best.

Edited May 2, 2012 by Vanessa&Tony

[Cino 5]

I didn't say you were making it up I simply said there is no guarantee what will happen and you don't know what will happen. The section you quoted about the waiver filing actually refers to filing for ROC with a divorce waiver before the 90 day window, it's to clear up that issue. The gentleman I mentioned that was late filing (with a waiver) had VERY strong circumstances for failing to file in time (personal reasons that I am aware of but not able to divulge) and I'm sure it was his letter that helped his case go a bit smoother.

There is no guarantee this person will go before a judge. If they've already been put in removal proceedings then yes they will, if they haven't there's a chance if their case is strong enough that they will avoid it. I'm simply letting them know that they don't have to dread the worst, plan for the worst yes, but hope for the best.

My friend, there is no guarantee of anything in this world. Everything is up to the discretion of the IO who's handling your folder & every case is different.

But what I'm saying is " Under her circumstances she will be rejected " , that is the LAW !..... I would be so surprised If she doesn't get rejected.

[VanessaTony 3,567]

My friend, there is no guarantee of anything in this world. Everything is up to the discretion of the IO who's handling your folder & every case is different.

But what I'm saying is " Under her circumstances she will be rejected " , that is the LAW !..... I would be so surprised If she doesn't get rejected.

The OP has an NOA1, just like the OP in this thread: http://www.visajourney.com/forums/topic/366658-late-for-filing-removal-of-conditions/ that you commented on today. I will note that in the referenced thread you indicate your friend did NOT receive an NOA1 and instead received a rejection straight off. This differs from both the referenced thread's situation, and the above situation.

Again, late filing is NOT the end of the world, it should DEFINITELY be avoided but if you find you are late you should file ASAP with a GOOD explanation of why and hopefully you will not have your ROC rejected.