very late with I-751

S

schh

Registered Users (C)
Hi everyone,

I really need some help and especially to hear from others who have been in the same situation with us. I am married to a USC and have a wonderful son together. We have been together for 8 years and married for 4 years. We totally messed up and filed our I-751 late, over a year late, due to financial difficulties, and I am wondering what happens from here. We send a whole bunch of documents, bank statements in both our names for more than a year, birth certificate and medical records for our son, a ton of pictures, letters that I am 100% beneficiary in my husband's pension, our son's college saving fund, health insurance cards, bills in both our names from all addresses we have lived in, credit card statements, joint tax returns for the last 3 years and a nice letter explaining our situation. Also, we never received any letter from uscis in the mean time saying that status has been terminated or anything like that. We filed it last week and of course it is too soon to hear from uscis, but we are so anxious and worried, if anyone has been through this please share your story,

Thank you so much!
 
Right now you just have to wait and see what happens. At their discretion they can choose to accept late applications, but the default action is to reject it and terminate your status.

If they do that, you'll have to redo the green card process all over again, and that may include fighting removal proceedings in immigration court if they initiate the proceedings before you file the new I-485. But the likely end result would be a 10-year green card since you're married well over 2 years now and appear to have a solid case including a child (US citizen?) together. Just make sure you don't leave the US until the new green card is in your hand, and stay out of trouble with the law.
 
Jackolantern said:
Right now you just have to wait and see what happens. At their discretion they can choose to accept late applications, but the default action is to reject it and terminate your status.

If they do that, you'll have to redo the green card process all over again, and that may include fighting removal proceedings in immigration court if they initiate the proceedings before you file the new I-485. But the likely end result would be a 10-year green card since you're married well over 2 years now and appear to have a solid case including a child (US citizen?) together. Just make sure you don't leave the US until the new green card is in your hand, and stay out of trouble with the law.
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Thank you Jackolantern. Yes we have been married for more than 2 years and our son is a US citizen. We have of course lived together all this time. I never realized that I have been out of status since I read the instructions of how to file the form last week..and I have continued to work- and continued to pay taxes- all this time...Do you think that would be a problem?...we always thought that since we are married and i had the initial green card that I was legally here...never realized that the status also expires..so stupid I know..do you think they will excuse that? Thanks!
 
The unauthorized work is not going to complicate an already bad situation. If they are going to overlook the late filing, it's not your unauthorized work which will to cause them to do otherwise.

What you have to worry about is being put in removal proceedings.

schh said:
Thank you Jackolantern. Yes we have been married for more than 2 years and our son is a US citizen. We have of course lived together all this time. I never realized that I have been out of status since I read the instructions of how to file the form last week..and I have continued to work- and continued to pay taxes- all this time...Do you think that would be a problem?...we always thought that since we are married and i had the initial green card that I was legally here...never realized that the status also expires..so stupid I know..do you think they will excuse that? Thanks!
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Thanks all for your replies,

Update: I checked my bank this morning and they cashed the check..is that good news?

Thank you






ananga73 said:
The unauthorized work is not going to complicate an already bad situation. If they are going to overlook the late filing, it's not your unauthorized work which will to cause them to do otherwise.

What you have to worry about is being put in removal proceedings.
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It is definitely NOT bad news although you cannot read much into that. Typically they will reject an improperly filed/incomplete petition and not cash the check. They can argue your case was properly filed however and go ahead and still refuse you.

schh said:
Thanks all for your replies,

Update: I checked my bank this morning and they cashed the check..is that good news?

Thank you
Click to expand...
 
I really hope not. Our marriage is as real and true as any, and I cannot even begin to think about being separated from my son or my husband. I guess we now have to wait until we receive something in writing from them, I wonder how long that would take..Thanks everyone for you reply I will keep this post updated in case any one is in the same situation. Thanks again

ananga73 said:
It is definitely NOT bad news although you cannot read much into that. Typically they will reject an improperly filed/incomplete petition and not cash the check. They can argue your case was properly filed however and go ahead and still refuse you.
Click to expand...
 
Update:

In the mail today was a letter from USCIS saying that my conditional resident status has been extended for a period of one year, during which travel and employment are authorized. That is great news right?

It also says that the travel and employment authorization does not apply to you if your conditional resident status has been terminated. I am confused about this, because technically since we filled late I was out of status, even though I never received a notice saying my status has been terminated. So what I would like to ask you guys is if I can travel outside the US? We were hoping to visit my family in Greece in September for my brother's wedding, but I am unsure now if I will be ok coming back?

Thanks guys for all your replies and comments, you are great help! Thank you so much!





schh said:
I really hope not. Our marriage is as real and true as any, and I cannot even begin to think about being separated from my son or my husband. I guess we now have to wait until we receive something in writing from them, I wonder how long that would take..Thanks everyone for you reply I will keep this post updated in case any one is in the same situation. Thanks again
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DO NOT travel outside the US until you have the new green card in your hand. Unless you don't mind being stuck outside the US.

Cancel your September trip, because the new card probably won't be approved fast enough for that.
 
Thank you Jackolantern for your reply. I really appreciate it.

Right now we will wait for my biometrics appointment. I really do not want to get stuck outside of the US...however I was thinking after we get the biometrics done if I schedule an infopass and have them stamp my passport wouldn't that be sufficient to be able to come back safely? I know it is like pushing the limit and I do not want to have to go through the whole thing again...but I haven't seen my brother in a very long time, both my parents have passed and his wedding is finally a very happy occasion after many years of sadness for our family and I would love for myself my husband and my son to be a part of it!
 
I feel your pain however you're the best person to make a judgment on whether to risk it. Personally I wouldn't however that's m. Immigration decisions can be very heartless.

schh said:
Thank you Jackolantern for your reply. I really appreciate it.

Right now we will wait for my biometrics appointment. I really do not want to get stuck outside of the US...however I was thinking after we get the biometrics done if I schedule an infopass and have them stamp my passport wouldn't that be sufficient to be able to come back safely? I know it is like pushing the limit and I do not want to have to go through the whole thing again...but I haven't seen my brother in a very long time, both my parents have passed and his wedding is finally a very happy occasion after many years of sadness for our family and I would love for myself my husband and my son to be a part of it!
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Update:

In the mail today was the biometrics appointment notice scheduled for the first week of July. After that I am considering scheduling an infopass to get an i-551 stamp so that I can safely come back. I know that having the biometrics really doesn't mean anything but I guess if they were to deny our petition they wouldn't bother with all these...I am not sure...I am sure they will be calling us for an interview though which is fine, we really have nothing to hide anyway. We'll see what they say at the infopass wheather I will be allowed back without any problems, in the mean time I will have our passports ready...Thanks to everyone, I will keep the thread updated! :)



ananga73 said:
I feel your pain however you're the best person to make a judgment on whether to risk it. Personally I wouldn't however that's m. Immigration decisions can be very heartless.
Click to expand...
 
They won't give you an I-551 stamp. They'll say that you have the extension letter.

Having an I-551 stamp won't get you back into the US if your I-751 is denied while you're abroad.
 
schh said:
Update:

In the mail today was the biometrics appointment notice scheduled for the first week of July. After that I am considering scheduling an infopass to get an i-551 stamp so that I can safely come back. I know that having the biometrics really doesn't mean anything but I guess if they were to deny our petition they wouldn't bother with all these...I am not sure...I am sure they will be calling us for an interview though which is fine, we really have nothing to hide anyway. We'll see what they say at the infopass wheather I will be allowed back without any problems, in the mean time I will have our passports ready...Thanks to everyone, I will keep the thread updated! :)
Click to expand...

When certain forms are filed, such as the I-751, it automatically triggers scheduling at ASC. More then likely an IO at the service center has not seen your I-751 case and won't for a couple of months after your ASC appointment.
 
Hello everyone,

I wanted to update this thread.

First of all since I haven't posted anything recently let me fill in the gaps:

I decided to get my passport stamped by my local office and was able to travel to and from Greece with no problem at all. When we were back at the airport in NY they asked me ( my husband and son were with me as well) to go to a different room where somebody checked my information and within no time they told us we were good to go.

Right before we left the US for our trip to Greece I received a letter saying that our case has been moved to California Service Center from Vermont. I read online that this has been common recently because Vermont Service center is backed up.

After that I kept checking online for my case status and it said initial review.

But today I got in the mail the letter of approval saying that our petition has been approved and that I should be receiving my green card within 60 days.

Overall it took 4 months, and we are both so happy! We didn't even have to go to an interview which was a surprise because we had filed late so we were expecting it.

I wanted to thank all off you, for the very useful information you have us while we were going through this.
And also I wanted to update this so that I could be helpful and share my experience with people in the same situation.

Thanks again!








dhlunar said:
When certain forms are filed, such as the I-751, it automatically triggers scheduling at ASC. More then likely an IO at the service center has not seen your I-751 case and won't for a couple of months after your ASC appointment.
Click to expand...
 
Hello Schh.

I'm happy for you that you could get your I-751 was approved and everything went good even if you filed it late.
I'm facing a problem which is a bit similar to yours, and I want to know what did you write in the explanation letter of filing late, and what are the documents you included in the envelop.
Thank you in advance.
 
Hi Perle, in the letter we explained our situation, with as much detail as we could, we were always honest and explained the best that we could the reason why we filled late. We had supporting documents for our reasons, including bank statements, tax returns, bills, everything from our life really since we got married and even before that, birth certificate for our son, and doctor bills, childcare bills photos of us together not just of special occasions but us playing with our child together. We apologized for being late and asked very nicely for their understanding, and for them to excuse the late filing.
If you need more detail i will be happy to help you just pm me.
 
schh said:
Hi Perle, in the letter we explained our situation, with as much detail as we could, we were always honest and explained the best that we could the reason why we filled late. We had supporting documents for our reasons, including bank statements, tax returns, bills, everything from our life really since we got married and even before that, birth certificate for our son, and doctor bills, childcare bills photos of us together not just of special occasions but us playing with our child together. We apologized for being late and asked very nicely for their understanding, and for them to excuse the late filing.
If you need more detail i will be happy to help you just pm me.
Click to expand...


Thank you Schh, i think that's enough for me, u gave me all the information i'll need
I appreciate it.
 
Hi All,
I am in a very panic situation, as I files my I-751 (50) days late missing the 90 day window. When I realized I gathered all the needed documents and submitted my application. Me and my wife have been married since 2014 and have 2 daughter together.
Our youngest daughter was born in april .. and my wife was not feeling well with other things in life we missed the deadline.

My Wifes GC is expiring on 10/21/17

I submitted my application to california service center, without any explanation of delay submission

Q: What are the chaces of the application getting accepted?
Q: If my application gets rejected what are the next steps?

Anyone on this thread going through a similiar situation? any advise? what should I do?
 
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Hello! :) I just looked at my wife's green card and saw it expired september 4th last month and i have yet to file the I-751 form! I am so panicked right now i don't know what to do i wrote a letter and i am trying to gather as much documents as i can. We don't have any kids because of financial reasons simply we are just scrapping to get by and could not afford kids until maybe recently. thank god my parents help us out a lot because my wife doesn't work and i stopped working 4-5 months ago because of an injury and need surgery next month! we also never filed for taxes because we never made enough money to file for taxes so why bother. (NOW I WISH I DID EVEN THOUGH I DIDNT NEED TO) I don't know what other documents to add to my I-751 form I have these so far..

· Joint saving and checking bank account statements from Navy Federal

· Joint health insurance from Kaiser Permanente

· Copies of our Virginia ID cards

· Photos of our Wedding in Romania of June 4th of last year

· (2) Affidavits from my mother and father to support our marriage

· Copy of expired Green Card of my Wife

· Copies of our passports with corresponding international stamps.

· Copies of our Social Security Cards

· Marriage Certificate

If anyone can think of anything else to add I would appreciate it or if anyone can ease my worries by saying they filed later then me and had their applications accepted! I am planning on sending everything on monday because frankly I won't be able to get all the documents together and i don't want to rush and forget something I am already late so today or 2 days from now won't really matter because overnight only works on the weekdays and weekends is not included! Any help would be appreciated it! THANK YOU!
 
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