Complicated story - easy solution?

T

Triceratops

New Member
Hi everyone!

I am a greencard holder through marriage to an US citizen. My greencard expired in August and I had applied for removal of the conditions. I was preparing myself to fly back to the US for the biometrics appointment when I found out that I had stayed outside of the US for too long - and that this was actually a rather big problem - I have been out of the country for 18 months now.

The reason for me overstaying: when my wife and I returned from our last stay in the US, we found out that she was pregnant. She had a complicated pregnancy too and a tough time after giving birth. All went well, thank god, and we are now all ready to prepare for immigrating to the US.

I plan to apply for the DS-117 (SB-1). Since the decision doesn't take as long as reapplying for the whole thing again. I plan to send along: doctor's report stating the complications; birth certificate; maybe a statement of my wife confirming that we are still happily married?

Any advice would be highly appreciated!

And sorry should I have posted this in the wrong forum!
 
That's all you can do. As many documents attesting to the complications of your wife's pregnancy as possible.

Good luck!
 
Since she is still outside the US with you, have her personally accompany you to the SB-1 interview rather than send an affidavit about your marriage.

Along with the SB-1 application you also need to submit proof of having applied to remove conditions. For somebody whose 2-year conditional card has expired, they won't approve the SB-1 application if you haven't applied to remove conditions.
 
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Jackolantern said:
Since she is still outside the US with you, have her personally accompany you to the SB-1 interview rather than send an affidavit about your marriage.

Along with the SB-1 application you also need to submit proof of having applied to remove conditions. For somebody whose 2-year conditional card has expired, they won't approve the SB-1 application if you haven't applied to remove conditions.
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Thanks!

Now here is where it gets a bit challenging: I have applied for the removal of conditions. The USCIS claims to have send the receipt notice on August 23rd. I have never gotten it (my inlaws check the mailbox regularly). I asked the USCIS to resend it which a lady on level 2 of the callcenter agreed to do. Still nothing. In the meantime I got the biometrics appointment. Can I call USCIS or can the Consulate call them themselves?

What could I do there?
 
Did you list a non-US address on the I-751 form? If yes, that would explain why you didn't get the receipt notice.

What evidence do you have of filing the I-751? Do you have a copy of the canceled check for the I-751 fee, and the bank statement with it? Do you have the mail/courier tracking receipt? If you can provide at least some basic evidence, they might be willing and able to follow up with USCIS to check that you filed it, although that might delay the SB-1 processing.
 
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Jackolantern said:
Did you list a non-US address on the I-751 form? If yes, that would explain why you didn't get the receipt notice.

What evidence do you have of filing the I-751? Do you have a copy of the canceled check for the I-751 fee, and the bank statement with it? Do you have the mail/courier tracking receipt? If you can provide at least some basic evidence, they might be willing and able to follow up with USCIS to check that you filed it, although that might delay the SB-1 processing.
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On the I-751 form I listed our US address. My inlaws check our mailbox once per week.

I don't know why you are saying that they canceled the check. They actually took the money, and I think it's a great idea to get the bank statement (money order receipt)!

I will bug the USCIS again. Can't accept the fact that they charge 590 bucks for the I-751 and are unable to issue another receipt notice.

Never thought that this could be so complicated since its all federal agencies...
 
Triceratops said:
I don't know why you are saying that they canceled the check. They actually took the money, and I think it's a great idea to get the bank statement (money order receipt)!
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After somebody cashes or deposits a check, the bank cancels it by stamping it so it can't be used again. That's what I meant by "cancel".
 
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