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Immigration Forum / USA Marriage Base / August 2006Filed I-751 a few days late, I'M PANIC STRICKEN
My wife was granted the 2 year green card based on her marriage to me, a US citizen. Stupidly, I blew the deadline to file the I-751. Her GC expired on 8/30/06. I FedExed the package on 8/29/06 for priority overnight next morning. So, they will get the package on 8/30/06, a day too late, since you got to file 'before' the expiration date (and who knows how long it will sit in a pile until they 'log' it in as received). I included a cover letter saying it was my fault and not hers, based on my confusion of the proper deadline. Question: Do you think they will accept this filing? Has this happened to anyone else here? what happened? I realize my wife can't work or travel now until this is resolved. I am in a panic now, will my wife will be deported if they choose not to accept the late I-751, or would an immagration judge likely give us relief? (ps the marriage is very legit and documented) Thanks for your input. Don't worry. Actually, I am NOT convinced that you filed late. Her conditional status expired on 08/30 at midnight. USCIS did indeed received your application before her status expired, so you're good. (if an attorney want to prove me wrong, feel free to do so, I am just a simple mortal - however, that would make sense to me, when my subway ticket expires on 08/30, I can still take it at 11:59 PM, likewise, when a visa expires on 08/30, I can still be used to apply for admission at 11:59 PM, so why wouldn't the same principle apply to green cards) The Fedex receipt is a valid proof of the received date. Actually, its date should also appear on the receipt notice. There is a difference between the Receipt date (the date USCIS received the application) - and the Notice date (the date they logged it). Both should be written on the receipt notice, the one that matters is the Receipt date. In case they screw up on that, you always have the Fedex receipt to show that they actually received it on > My wife was granted the 2 year green card based on her marriage to me, > a US citizen. Stupidly, I blew the deadline to file the I-751. Her GC [quoted text clipped - 10 lines] > judge likely give us relief? (ps the marriage is very legit and > documented) Thanks for your input. > Don't worry ..... Thanks for the reply, I hope you are right. However, if they determine it is late, do you think they will excuse lateness since it was close? I have read posts on this subject on the web ie the late filing of I-751, but I can't find anyone who has gone through it. Is that because they are all deported? Also, can I start the process over -adjust her status again! or was this a one time thing? Thanks I have just printed out the Fedex tracking info and they have it marked as "Delivered and signed for at 1:10pm; 8/30/06. I have read and re-read the regulations and I'm worried because it says the form must be "filed in the 90 days BEFORE the second annerversity date." Since the 2nd annerversity date was 8/30/06, seems to me 8/29/06 is the last day before it. Hopefully, I'm reading too literally and hopefully they will deem it timely filed. Hopefully. ...sick with worry... First, no, it is not because they have being deported. Such people would be very pissed off (upset people are very likely to post on the newsgroup). It is possible to post from overseas (which is one of the beauty of the Internet). Second, I would refer you to the following post: http://groups.google.com/group/alt.visa.us.marriage-based/browse_thread/thread/6 9b50c593e8f7468/57ae2dc653b5d849 Denials are very rare, most of those being the guys who are in the divorce process but are stuck because the divorce isn't final, and their spouse is a jerk who refuses to sign the I-751, so they end up using the abused provision or the extreme hardship one. Then, when the divorce is final, they refile the I-751, and provided the marriage was a good faith one in the first place, their I-751s are approved. Third, to come back to your case, if the letter you provided to explain why you missed the deadline isn't good enought for them and if they indeed believe that you missed the deadline (unfortunately, your letter may lead them to believe so), they may issue an RFE. After that, they may invite you to come for an interview (a late application may look weird, and therefore trigger an interview) ... after which youy application would get approved. In any case, the only situation in which I see your application being denied would be if you didn't show up at the interview (e.g. you move and they screw up with the change of address) > > Don't worry ..... > [quoted text clipped - 4 lines] > because they are all deported? Also, can I start the process over > -adjust her status again! or was this a one time thing? Thanks Finally, no, AOS isn't a one time thing. One who loses his/her permanent resident status (that usually occurs when they spend too much time abroad) can file AOS again. However, besides the added bureaucracy, the clock for naturalization would reset. I seriously doubt that you'll have to go down to that. In the unlikely event in which the I-751 would be denied, I think that an appeal would be very likely to lead to an approval of the said I-751. Such perspective would make more sense (to me) than refiling an I-485 . > > Don't worry ..... > [quoted text clipped - 4 lines] > because they are all deported? Also, can I start the process over > -adjust her status again! or was this a one time thing? Thanks > Finally, no, AOS isn't a one time thing. One who loses his/her .............. Thanks for your excellent replies, I'm very grateful. In my cover letter I did not expressly admit I was late, I said "please excuse the last minute filing of this petition" but I see your point. I take it an 'RFE' is some kind of request for more info/documentation? If I was to be called in for an interview, I wouldn't be too worried, because my marriage is completely legit and I can prove it. I guess I'm most worried about an outright denial of the I-751 because it may have been late... But your replies have given me much information and a certain amount of comfort that all is certainly not lost. Thanks again! (maybe I'll be able to sleep tonight!) An RFE is a Request For Evidence. It looks like this: ---------------------------- USCIS Address We are unable to process your application based on the documentation provided. Please provide us the following evidence so that we may continue processing your case: * .... Failure to respond within 86 days will result in your application being denied. ---------------------------- > > Finally, no, AOS isn't a one time thing. One who loses his/her .............. > [quoted text clipped - 11 lines] > certain amount of comfort that all is certainly not lost. Thanks > again! (maybe I'll be able to sleep tonight!) > My wife was granted the 2 year green card based on her marriage to me, > a US citizen. Stupidly, I blew the deadline to file the I-751. Her [quoted text clipped - 11 lines] > judge likely give us relief? (ps the marriage is very legit and > documented) Thanks for your input. Contrary to what you said, your wife's status is still a permanent resident and she still can travel and work. For peace of mind, I wouldn't travel untill she gets the extension letter, which shouldn't take too long. Worse case scenario, even if they (and I don't see that happenning) deny your application, she is still a resident and you can either file a motion to reopen or go to the removal proceedings and defend your case. That's like a very very worse case scenario > Contrary to what you said, your wife's status is still a permanent > resident and she still can travel and work. For peace of mind, I [quoted text clipped - 3 lines] > either file a motion to reopen or go to the removal proceedings and > defend your case. That's like a very very worse case scenario This is true *only* if USCIS accepts the application. If USCIS decides that the application was filed late, they can summarily reject it and his wife becomes immediately removable from the US. Can this happen? Absolutely, yes. Is this likely to happen... probably not. If I were Ballyglass, I wouldn't be able to relax, think, concentrate, have sex... or anything else enjoyable until I got a receipt notice from USCIS. The good news in all of this, is that if the application is rejected, he can probably move to his wife's country and start life all over again. Ian >My wife was granted the 2 year green card based on her marriage to me, >a US citizen. Stupidly, I blew the deadline to file the I-751. Her GC [quoted text clipped - 10 lines] >judge likely give us relief? (ps the marriage is very legit and >documented) Thanks for your input. I'm NOT an expert OR a lawyer. I expect to file my I-751 this coming Jan/Feb (whenever I can get taxes for '06 completed). My guess is that you'll be fine - you mailed it off on the 29th. Think about filing for taxes - what matters is the day you MAIL it, not when the IRS receives/processes it. I think this is probably similar. MH > >My wife was granted the 2 year green card based on her marriage to > >me, [quoted text clipped - 26 lines] > > MH Hmmm...I disagree on this one, although I'm not 100% sure either. Let's say the first day of the 90-day window you can submit the I-751 is Jan 1, for example. You mail it on December 31, hoping it gets there after Jan 1. What will matter in this case is the day it USCIS receives it, not the date it's postmarked. Rene >> >My wife was granted the 2 year green card based on her marriage to >> >me, [quoted text clipped - 34 lines] > >Rene I agree, it COULD be taken either way. But, maybe USCIS will be somewhat lenient. Given the IRS regulations, there could at least be an argument that he filed on time.. MH Since I just had my interview yesterday...Its still very clear to me what the interviewer have said if you will fail to file the 751. She said until the greencard is valid the case will stay with the same immigration officer/interviwer until the conditional will be lift up. She said that once the conditional visa was expired without them receiving the 751 or without them updating the computer about the 751...the computer will authomatically generate a letter telling you that the card was expired and was not renewed. In this case the file will no longer be in the Immigration officers hand but authomatically will be transfered to court. She said theres a less posibility of deniel in the court though its just the hassel and more documents are requested. I am not so sure about this this is just based on what our interviewer told us. Anyway, my prayers is with you and your wife. Hope everything will be alright. . |
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