I-751 (Filed Day beore Expiration)

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sleespeed

Registered Users (C)
Long story short. We used an Immigartion Attorney to get my Canadian wifes Green Card. Process went smoothly even though she was already here visiting when we got married. Our lawyer said they would contact us when it was time to remove the conditional residence.

Fast forward two years. The paralegal that handled our case is no longer with the firm. Given the fact that we expected our lawyer to contact us and handle the filing, and the fact that we just bought a house and all the hub-ub that goes along with it, we just realized ths week that my wifes greencard expires 12/23/06. I hurried up and got documentation together (Mortgage, Lease, Car Titles, 04 & 05 Tax Records, Life Insurance Policies, Bank Statements, 2 Affidavits etc), and filled out the I-751 form. Today (12/21/06) I got everything mailed out using UPS Guaranteed Overnight delivery that will be there by 11am 12/22/06. I also included a cover letter that explained what all was in the packet, and why it got filed at the last minute.

Should we be ok? Technically we did file prior to her anniversary date, but I am not sure what the law means. The form said "any time with 90 days prior", which we did meet since I overnighted it. But its not technically filed until they accept it. Should I be worried, and have my lawyer ready? I love my wife, and I will die if she gets deported. I should have not relied on the atorney, and should have paid better attention myself.
 
We may be in trouble... I just realized I wrote the check out to USCIS instead of US Dept of Homeland Security.

I think we may be screwed... Or will they give us an extension since the check was wrong? Will we get the packet back, and resubmit it with a new check?
 
You should just wait and see what reply you get from USCIS. You should get a NOA in 30 days. If you do not get any, call the 800 number and see whats going on.
You can also check online with your bank, if the cheque you made out cashed or not. This way for sure you will know whether they accepted your payment or not.
 
I hope you are correct. They used to accept money orders (I made the mistake of paying with a USPS Money Order) made out to USCIS, and I am praying that they still do.

Does the fact that I filed it on time help me out? Meaning, if they do reject it, will I get time to fix the error before they jump to deportation hearings in front of a judge? If I filed on time, and the only glitch was the name on the check, I cannot see a judge deporting her for that.... Of course stranger things have happened....
 
I hope so! From what I have been reading, Vermont is one of the more lenient and nicer centers. Also, since I got it in on time, even if they reject the check, I should get some time to refile with the appropriate check without penalty. I have read about people speaking with Vermont and they stated that they were not overly concerned with minor lateness. Still enough to make me sweat though!
 
Vermont service center is delayed in sending out receipts too(speaking from experience here). So, don't panic if you don't get your receipt within 10 days. The 800 number states that if its longer than 30 days and you still don't have the receipt, then to get in touch with them. Good luck!
 
Thanks. All Im worried about is that we filed on time and that they accept the check or at least let us resubmit. My evidense is good, taxes, bank accounts, lease, mortgage etc.

I take it she is still legal to work since we filed on time?
 
Hello,

The NOA qualifies you for extension to work and travel, without it, you cannot really assume that its OK to work.
If you don't have that, your wife may want to consider taking a vacation or unpaid leave. She needs to talk to her employer about this situation and you may want to call the 800 number and check. But as far as I know, its the NOA that states that work and travel authorised, as I-751 pending.
 
I spoke with our lawyer. She said since it is postmarked 12/21 we will be fine, even if they do not get it until 12/26. If the reject it because of the error on the money order, she said that is no big deal, as we just refile with a new check.

She did however say that she needs to take a vacation from work starting tomorrow until we get the NOA. That really sucks, but its not the end of the world.

She did assure me that deportation would not apply in this case, ecause it was indeed postmarked on time.
 
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