Help Needed! I-751 Filing Delayed by RapidVisa – What Should We Do?

J

jkith

New Member
Hi everyone,

I’m in a stressful situation and could really use your insights. My wife and I need to file the I-751 to remove conditions on her green card. Unfortunately, the company we used, RapidVisa, delayed sending out the application, and now it looks like it will be sent 1 to 3 days late.

Our green card expiration date is January 21st, and January 20th is a holiday (no mail service). According to the USCIS website, the I-751 must be received before the expiration date, or they will terminate the conditional status.

Here’s some additional context:

  • We’ve been married for over 3 years (October 6, 2021).
  • We have plenty of evidence to support our bona fide marriage.
  • I’ve contacted an attorney, but they won’t be available until Tuesday, January 21st.
What are our options in this situation? Will USCIS offer any leniency for a late submission? Should I try to send the application directly to USCIS myself? Is there anything I can do to mitigate potential issues with her status being terminated?

Any advice or guidance is greatly appreciated. Thank you!
 
A joint I-751 that is late can be accepted if there is "good cause" for the late filing. Even if you have to re-file it, you can try to use the explanation that you tried to file it with the company on time, but it was delayed, as the "good cause".
 
Is worst case scenario, we have to start the process all over again and file the I-130 again?

I do hope, late by 1 to 3 days will be seen as an honest mistake.
 
To give an update: I spoke with a lawyer, and they confirmed that "ineffective assistance" is considered a valid reason for good cause when an application is late. Since RapidVisa is listed as the preparer on my application, and I provided evidence that I started the process months ago—along with proof that the delay was their fault (even though it was only late by two days)—the lawyer said it’s highly unlikely to be rejected.

Yesterday, we received a notice from USCIS confirming they received our I-751. We're now waiting for the letter in the mail to clarify whether it’s been accepted or denied.
 
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