Filed 3 months late with fee waiver - Any problems ahead?

[ClydesdaleCouple 75]

Hi there VJ ROC Community!

My lovely husband and I have finally filed our ROC forms due to the fact that we couldn't afford to file the papers (both going to school and working min. wage jobs). Glory Hallelujah we found out that there was a fee waiver if you could prove you cant afford the fee, which we noted in our packet was our reason for filing late. Should we anticipate any road blocks or even speed bumps along the way? We filed on 10/27 and haven't received our receipt yet but I figure that's average.

What do you guys think? We included all our fee waiver evidence (Low income evidence), and letter explaining why we were late. Should we be okay?

[Khal_Drogo 50]

This is a tough one.

Someone correct me if I am wrong, but you maaay run into some issues. The first is that you basically overstayed your visa by three months. To USCIS, it doesn't matter if it's three months or three years, you overstayed.

The second is that, and I am speaking from their perspective, if you couldn't afford it, why did you not tell them that in advance? I get that these rules and laws are as clear as mud, but you had ninety days before your GC expiration to get in contact with them and ask what you should do since you can't afford the fee. A phone call or letter in advance would have most likely gotten you taken care of.

I'm not saying you're gonna be denied or anything, but I would be prepared to receive some RFEs or a few interviews.

[ClydesdaleCouple 75]

He didnt overstay his visa, he was 90 days late filing ROC, AKA filing for his 10 year green card. most people have said a small lapse isnt a big deal as long as its not years late. Also there fee waiver is a form you include with your packet, not a special treatment we are asking for, we were just unaware it existed until recently. Thanks for your input though.

[LoveMyTico 999]

I suggest searching VJ for late filer posts.

[ClydesdaleCouple 75]

How long did it take people to get their Receipt for submission of ROC

[Alaska2012 462]

Had his conditional green card expired?

[Alaska2012 462]

He didnt overstay his visa, he was 90 days late filing ROC, AKA filing for his 10 year green card. most people have said a small lapse isnt a big deal as long as its not years late. Also there fee waiver is a form you include with your packet, not a special treatment we are asking for, we were just unaware it existed until recently. Thanks for your input though.

If his conditional green card expired he lost his right to stay in the US. It doesnt matter if its a small lapse or not.

[Khal_Drogo 50]

He didnt overstay his visa, he was 90 days late filing ROC, AKA filing for his 10 year green card. most people have said a small lapse isnt a big deal as long as its not years late. Also there fee waiver is a form you include with your packet, not a special treatment we are asking for, we were just unaware it existed until recently. Thanks for your input though.

If his two year GC expired, then he did in fact overstay. I'm not being mean, I'm just trying to make sure.

If you already know this, then forgive me, but an ROC must be filed within the 90 day window before it expires. By saying you filed it late, that means his two year GC is expired. Which means that for the last three months, he has essentially been an illegal immigrant. Hence why I said you'll probably experience some bumps in the road.

[ClydesdaleCouple 75]

Sorry Drogo, I misunderstood what you meant. Yes, we are prepared to have to interview again. Sometimes things just happen and that was our case, I'm looking forward to this being terribly simple, (albeit tedious), as was our year long vwp overstay. When he overstayed vwp, nothing changed from the normal course. Thanks for your help guys!

[Khal_Drogo 50]

No problem.

Though I should reiterate, prepare for the opposite of simple. USCIS is pretty touchy when it comes to overstaying. Obviously it's not impossible, I actually expect in the end you two will be okay, but it's always better to be prepared and not have to be than vice versa.

[jerni 24]

You don't "overstay" a Greencard, even the conditional one. Not sure why that's even being suggested. Worst case would be https://my.uscis.gov/helpcenter/article/what-happens-if-i-don-t-file-form-i-751-during-the-90-days-prior-to-my-2nd-year-anniversary-as-a-conditional-resident

Good luck to the OP hopefully USCIS will be kind and accept your late filing.

[Khal_Drogo 50]

You don't "overstay" a Greencard, even the conditional one. Not sure why that's even being suggested. Worst case would be https://my.uscis.gov/helpcenter/article/what-happens-if-i-don-t-file-form-i-751-during-the-90-days-prior-to-my-2nd-year-anniversary-as-a-conditional-resident

Good luck to the OP hopefully USCIS will be kind and accept your late filing.

In my conversations in person with USCIS officials, specifically the ones at the UK embassy, they say the complete opposite and it is completely possible. Just repeating what they said.

[Anh map 2,098]

Fee waivers are hard to predict. All you can do is ask. As USCIS is supported through fees, not taxes, they aren't quick to give waivers.

[jerni 24]

In my conversations in person with USCIS officials, specifically the ones at the UK embassy, they say the complete opposite and it is completely possible. Just repeating what they said.

I think you must have misunderstood or were talking about something else.

[belinda63 3,038]

Usually when ROC is not filed a letter is sent out advising the person they have 30 days to leave the country. ROC is different from renewing a green card. If you have a 10 year green card and it expires it is not a big deal but the whole purpose of ROC is to verify it is a real marriage and not fraud for a green card, this is why there is the two year expiration date and the requirement for filing a waiver if you divorce prior to ROC.