Shamandvel

We've screwed up and now I'm really worried.

Don't ask how we got got this into our head but we thought that the
filing of i751 to remove conditional status had to be filed with 90
days AFTER temporary GC expiry! My card expired 17th July and i'm now
late filing!

Um... can anyone advise on what to do now?

We are so worried that I'll be give a notice of removal

Any help/advice would be so apprececiated. Do we just tell the truth and
hope for a kindly response do you think?

Oh geeze....

Noorah101

> We've screwed up and now I'm really worried.
>
> Don't ask how we got got this into our head but we thought that the
> filing of i751 to remove conditional status had to be filed with 90
> days AFTER temporary GC expiry! My card expired 17th July and i'm now
> late filing!
>
> Um... can anyone advise on what to do now?
>
> We are so worried that I'll be give a notice of removal
>
> Any help/advice would be so apprececiated. Do we just tell the truth
> and hope for a kindly response do you think?
>
> Oh geeze....

There's nothing you can do now but wait. Late filing of the I-751 is
allowed in some cases, where there is very good reason (I recall one
person on the forum who filed late due to complications in pregnancy).
All you can do is wait to see what USCIS sends you. They may go ahead
and process it.

If you receive a notice that your PR status is terminated, go see a
lawyer immediately!

Rene

Rete

> There's nothing you can do now but wait. Late filing of the I-751 is
> allowed in some cases, where there is very good reason (I recall one
> person on the forum who filed late due to complications in pregnancy).
> All you can do is wait to see what USCIS sends you. They may go ahead
> and process it.
>
> If you receive a notice that your PR status is terminated, go see a
> lawyer immediately!
>
> Rene

I would not wait. I would file, even a skeletal I-751, immediately.

I would also include a letter stating just what you wrote here and pray
for a compassionate handler.

Shamandvel

> I would not wait. I would file, even a skeletal I-751, immediately.
>
> I would also include a letter stating just what you wrote here and
> pray for a compassionate handler.

Thanks very much for your quick responses!

Do you think it would be a good idea to schedule an interview using
InfoPass or just go ahead and file? I'm frantically searching for our
Birth Certificates which as usual seem to have disappeared plus I need
to get the rest of the stuff together, affadavits etc.

This is just so nerve-wracking.

Noorah101

> Thanks very much for your quick responses!
>
> Do you think it would be a good idea to schedule an interview using
> InfoPass or just go ahead and file? I'm frantically searching for our
> Birth Certificates which as usual seem to have disappeared plus I need
> to get the rest of the stuff together, affadavits etc.
>
> This is just so nerve-wracking.

I'm sorry, I thought you had already filed the I-751 and then realized
it was late.

I agree with Rete, file ASAP with a heart-felt letter of apology for the
late filing.

If you have enough other evidence, you don't need Affidavits, so that
will save you some time. You can use photocopies of birth certificates
if you have those handy (i.e., originals are in a safe place). You
probably have a photocopy of the birth certificates already, from when
you filed AOS or got the Immigrant Visa.

Best Wishes,
Rene

Noorah101

> Thanks very much for your quick responses!
>
> Do you think it would be a good idea to schedule an interview using
> InfoPass or just go ahead and file? I'm frantically searching for our
> Birth Certificates which as usual seem to have disappeared plus I need
> to get the rest of the stuff together, affadavits etc.
>
> This is just so nerve-wracking.

I don't think an Infopass appointment will help you in this case, as the
I-751 goes to your service center, not your local district office.

Rene

Meauxna

> Thanks very much for your quick responses!
>
> Do you think it would be a good idea to schedule an interview using
> InfoPass or just go ahead and file? I'm frantically searching for our
> Birth Certificates which as usual seem to have disappeared plus I need
> to get the rest of the stuff together, affadavits etc.
>
> This is just so nerve-wracking.

Argh, I'm sure it's nerve wracking, but take a deep breath.

First, start at the instruction page:
How Do I Remove The Conditions On Permanent Residence Based On Marriage?
http://tinyurl.com/344h44

What if I am Late in Applying to Remove the Conditions on Residence?

The Form I-751 can be filed after the 90-day period if you can prove
in writing to the director of the Service Center that there was good
cause for failing to file the petition on time. The director has the
discretion to approve the petition and restore your permanent
resident status.

So draft a short letter saying something like 'I misunderstood the
instructions'.

I would not make an InfoPass appt--they won't be able to tell you
anything.

All you can do is the best you can do and deal with the outcome as it
happens.
If you don't get an extension letter within a month of sending I-751 in,
then you have something to discuss at an InfoPass appt.

Other late filers have posted around in the past; you are not on a list
of people to get picked up and detained next week, if past experience is
any guide.

Wildestkabs

> Argh, I'm sure it's nerve wracking, but take a deep breath.
>
> First, start at the instruction page:
> How Do I Remove The Conditions On Permanent Residence Based On
> Marriage?
> http://tinyurl.com/344h44
>
> What if I am Late in Applying to Remove the Conditions on Residence?
>
> The Form I-751 can be filed after the 90-day period if you can prove
> in writing to the director of the Service Center that there was good
> cause for failing to file the petition on time. The director has the
> discretion to approve the petition and restore your permanent
> resident status.
>
> So draft a short letter saying something like 'I misunderstood the
> instructions'.
>
> I would not make an InfoPass appt--they won't be able to tell you
> anything.
>
> All you can do is the best you can do and deal with the outcome as it
> happens.
> If you don't get an extension letter within a month of sending I-751
> in, then you have something to discuss at an InfoPass appt.
>
> Other late filers have posted around in the past; you are not on a
> list of people to get picked up and detained next week, if past
> experience is any guide.

I have read some posts where petitions which were filed late were
accepted, but I doubt that the - "we forgot to file on time because we
thought we had to file after the 90 day period from the expiration date
of the GC, when it was the 90 day period preceding it" - would fly.
Seems more like a careless mistake than a genuine reason, IMO. I don't
know how much sympathy or margin CIS has for cases like these.

I am not trying to be sarcastic or anything, merely stating my opinion.

That being said, I do hope that they accept the OP's petition.
Good luck!

Shamandvel

> We've screwed up and now I'm really worried.
>
> Don't ask how we got got this into our head but we thought that the
> filing of i751 to remove conditional status had to be filed with 90
> days AFTER temporary GC expiry! My card expired 17th July and i'm now
> late filing!
>
> Um... can anyone advise on what to do now?
>
> We are so worried that I'll be give a notice of removal
>
> Any help/advice would be so apprececiated. Do we just tell the truth
> and hope for a kindly response do you think?
>
> Oh geeze....

Yep wildestkabs thats my concern also. I guess all I can do is tell the
truth no matter how stupid this makes me look

Does anyone know what happens next if they do not accept my apologies?
Will deportation proceedures begin?? Other than fiing late everything
remains the same. My wife and I are still happily married and living
together....

We don't want to be separated and lose the life we have created together
over here. Our other concern is that if this lead to lawyers etc how
much this is going to cost us. We don't have much money put aside and
this doesnt sound cheap.

I really appreciate having somewhere and someone to pour out my troubles
to. This site and you guys are great. Thankyou!

Elvira

> Yep wildestkabs thats my concern also. I guess all I can do is tell
> the truth no matter how stupid this makes me look
>
> Does anyone know what happens next if they do not accept my apologies?
> Will deportation proceedures begin?? Other than fiing late everything
> remains the same. My wife and I are still happily married and living
> together....
>
> We don't want to be separated and lose the life we have created
> together over here. Our other concern is that if this lead to lawyers
> etc how much this is going to cost us. We don't have much money put
> aside and this doesnt sound cheap.
>
> I really appreciate having somewhere and someone to pour out my
> troubles to. This site and you guys are great. Thankyou!

I expect the worst that can happen is that you would have to file for
AOS again...