Extremely late i751 (2023) and weak case

C

closedloop

New Member
I'm panicking because I realised I misinterpreted the words of the letter. Previously I was told I had to wait another 2-3 years because our marriage was very new. The letter then talked about 2nd anniversary (which I later realised was the anniversary of the card, rather than marriage) and something about how it doesnt matter if your card expires you can keep this letter and don't file early. So I thought I was supposed to wait. So now it's nearly 2025 and I'm severely late.

At the time, it was in the middle of the whole covid pandemic and I constantly had fights with my spouse (at a later point we nearly divorced) so a lot of my brain was elsewhere. We started mending the relationship and moved to a new apartment (previous place had a mold problem) which was when I remembered to update the address and reread the letter and realised my mistake.

I'm calling an immigration attorney but reading the paper they gave me they said theres no guarantee for results. I also fear that it's likely I'll get deported because we are a very untraditional marriage. I kept my last name, we don't have a kid, we don't really like taking pictures, and our date activities are mostly going for a walk and playing pikmin. Our birthdays are also lowkey and we just go out and eat instead of doing anything. Separate bank accounts... He's paid for my hospital bills though, we have a gym membership and file taxes jointly... but I fear it's not enough.

Is there any way I can increase my chances?
 
Are you still married and is your spouse willing to file a joint removal of conditions? A joint removal of conditions must normally be filed in the 90-day window before the 2-year card expires. Late joint ROC is only accepted if there is good cause. If conditional permanent residency is terminated because you didn't file on time, you can do Adjustment of Status to get a green card through your spouse again.

On the other hand, if you guys divorced and you file ROC by yourself on the basis of divorce (or any other basis where you can file ROC by yourself), there is no window within which you must file ROC, so it's not "late".
 
Yes we are still married, live together, file taxes jointly, etc and willing to file joint removal of conditions. I'm mostly afraid I'll get deported before being able to file again because I've cut off contact from my old family and I'd have nowhere to go. Whereas my spouse doesnt pay too much attention to paperwork and usually makes me read them for him, so I'm beating myself up for mistaking the wording.
 
I don't really understand what you say you "misinterpreted", because the 2nd anniversary of your marriage must be before the 2nd anniversary of your card. So you filed I-751 too early?

Even if it is denied and you get put into removal proceedings, you can have the immigration judge in removal proceedings review the I-751 denial (basically like a kind of appeal). Also, Adjustment of Status can be filed in removal proceedings if that doesn't work.
 
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