dieselvette
New Member
Background: I'm a US citizen, wife Canadian. We were married in 2005 while she was here on a student visa. Did the I-130 and received GC in Sept. 06, 2 years conditional. Faithfully married & residing in US all this time.
Timeline:
-Filed I-751 in summer 2008 (on time)
-9/8/2008 - got receipt, notice of 1-yr extension
-9/15/2008 - got bio appt. notice
-9/29/2008 - completed bio appt.
All is well until:
-Jan 2009 - Request for Evidence regarding the I-751, due date 2/18/09 (apparently we hadn't submitted enough evidence - stupid!)
PROBLEM: Due to mailing issues, we did not get the RFE until after the 2/18 due date. Sent the required evidence LATE, and then got a denial notice shortly thereafter.
Being frustrated with bureaucratic BS and not knowing what to do, I've procrastinated doing anything about it until now. (stupid #2)
So her GC is expired now for over 2 years. I've read some success stories of persons being a few days or a month late on the I-751 and things working out - Write a convincing letter, etc. I'm not convinced that my "procrastination" excuse will pass, and I'm not one to sign my name to something dishonest & probably wouldn't get away with it face-to-face.
My understanding is I have 2 other options:
1) Start over with I-130, etc., end up with 10yr card - almost a sure thing.
2) Send I-751 again, and while it's processing apply N-400 for citizenship with the validation being "I-751 pending". Talking to USCIS rep on the phone it was hinted to me this may work - but I don't understand why, and couldn't get a straight answer. A requirement for citizenship is 3 years permanent residence - she first gained conditional residency 4 years ago, but has been technically illegal for past 2 years, but meets requirements for a 10-yr GC. Any chance this will fly?
Timeline:
-Filed I-751 in summer 2008 (on time)
-9/8/2008 - got receipt, notice of 1-yr extension
-9/15/2008 - got bio appt. notice
-9/29/2008 - completed bio appt.
All is well until:
-Jan 2009 - Request for Evidence regarding the I-751, due date 2/18/09 (apparently we hadn't submitted enough evidence - stupid!)
PROBLEM: Due to mailing issues, we did not get the RFE until after the 2/18 due date. Sent the required evidence LATE, and then got a denial notice shortly thereafter.
Being frustrated with bureaucratic BS and not knowing what to do, I've procrastinated doing anything about it until now. (stupid #2)
So her GC is expired now for over 2 years. I've read some success stories of persons being a few days or a month late on the I-751 and things working out - Write a convincing letter, etc. I'm not convinced that my "procrastination" excuse will pass, and I'm not one to sign my name to something dishonest & probably wouldn't get away with it face-to-face.
My understanding is I have 2 other options:
1) Start over with I-130, etc., end up with 10yr card - almost a sure thing.
2) Send I-751 again, and while it's processing apply N-400 for citizenship with the validation being "I-751 pending". Talking to USCIS rep on the phone it was hinted to me this may work - but I don't understand why, and couldn't get a straight answer. A requirement for citizenship is 3 years permanent residence - she first gained conditional residency 4 years ago, but has been technically illegal for past 2 years, but meets requirements for a 10-yr GC. Any chance this will fly?