Was not aware of the I-751 requirement

[CitizenshipBound 5]

My wife and I got married in 2012 and she received her permanent residence status on 7/15/14. Now that it's been almost 5 years since we've been married, we decided to begin the process for citizenship. It wasn't until we were collecting all the information that we realized her permanent residence expired on 7/15/16. After looking into it, we now found out that we should have filed an I-751 a long time ago and are freaking out about her getting deported.

Honestly, we had no clue about the requirement to file this form. Additionally, our son was born in May of 2016 and those first few months were a blur of crying and no sleep for the whole family. Looking into her residence status was the not even on our radar. To top it off, we moved since we originally filed for her residency status so if the USCIS has sent any notices it would have been to our previous address.

 

My question is, should go ahead and file the I-751 even though we're almost a year late at this point or should we contact an immigration attorney first? Any help/suggestions would be greatly appreciated.

[ntcb 1]

27 minutes ago, CitizenshipBound said:

My wife and I got married in 2012 and she received her permanent residence status on 7/15/14. Now that it's been almost 5 years since we've been married, we decided to begin the process for citizenship. It wasn't until we were collecting all the information that we realized her permanent residence expired on 7/15/16. After looking into it, we now found out that we should have filed an I-751 a long time ago and are freaking out about her getting deported.

Honestly, we had no clue about the requirement to file this form. Additionally, our son was born in May of 2016 and those first few months were a blur of crying and no sleep for the whole family. Looking into her residence status was the not even on our radar. To top it off, we moved since we originally filed for her residency status so if the USCIS has sent any notices it would have been to our previous address.

 

My question is, should go ahead and file the I-751 even though we're almost a year late at this point or should we contact an immigration attorney first? Any help/suggestions would be greatly appreciated.

Sorry that this happen. It's best that you get an immigration lawyer to answer your questions...concerns.. Good luck

[Becci391 339]

She cannot apply for the citizenship if she doesn't have a valid Green Card. It's one of the requirements. As of right now, she's been out of status since here Green Card expired.

I don't know what you have to do but if I was in your shoes I would contact an immigration lawyer for further actions.

 

Edited April 29, 2017 by Becci391

[geowrian 22,335]

She was required to file for ROC (as you are now aware). I don't mean to pick on you or her, but it was her responsibility to research what was involved in the green card process. Not knowing about a requirement, and not updating your address as required, is not an acceptable explanation for USCIS.

 

Here's the "official" answer from USCIS:

https://my.uscis.gov/helpcenter/article/what-happens-if-i-don-t-file-form-i-751-during-the-90-days-prior-to-my-2nd-year-anniversary-as-a-conditional-resident

 

That said, there are some technicalities involved...while your green card expired, your LPR status actually won't terminate until an immigration judge does so. However, you can file late and attempt to prove a "good cause" for doing so.

http://www.nolo.com/legal-encyclopedia/submitting-late-form-i-751-petition-remove-conditions-residence.html

 

I would suggest seeking out an attorney to discuss your case and prepare to present a "good cause" case. Presentation of the evidence does matter for things like this IMHO...

 

You cannot obtain citizenship until you have completed ROC.

[Scandi 3,970]

13 minutes ago, geowrian said:

and not updating your address as required

The failure to file for ROC aside.. This a great point, to change your address with USCIS is SO important, and I bet tons of people don't even know about it or think about it. You have to give USCIS your new address within 10 days (I think?) from when you've moved no matter if you have a pending petition/application or not. You have to do this every single time you move (until you become a citizen).

[Scandi 3,970]

3 minutes ago, Dee elle said:

Correct...within 10 days of moving... This requirement is cleary written on almost every piece of information that comes out of the USCIS... so again "not knowing about it" wont get anyone very far.... 

Yeah, every single email notification, case status, hardcopy notice etc, it's all over the place so it's actually a bit of a mystery how so many people don't know about it.

[Becci391 339]

12 minutes ago, Scandi said:

Yeah, every single email notification, case status, hardcopy notice etc, it's all over the place so it's actually a bit of a mystery how so many people don't know about it.

Don't you get a notification in the mail a couple of months before your conditional Green Card expires?

[geowrian 22,335]

2 minutes ago, Becci391 said:

Don't you get a notification in the mail a couple of months before your conditional Green Card expires?

They are supposed to send one as a courtesy, yes. In this case, it sounds like the address on file with USCIS was not updated, though.

[Becci391 339]

Just now, geowrian said:

They are supposed to send one as a courtesy, yes. In this case, it sounds like the address on file with USCIS was not updated, though.

Whops...I didn't read that they haven't updated the address after they moved...

[Eliis 8]

I also moved after receiving temporary card and change address TWICE on the website just to make sure it went through and guess what... The letter regarding removing conditions was sent to the old address, why? I called USCIS and spoke to tier 2 officer and she told me that since my case was closed update wasn't recored on my case. 

 

[Unlockable 7,306]

You have two big issues here: 1) You wife is out of status and 2) Your change of address. As others have said you need to get this rectified immediately. The removal of conditions (I-751) is based on evidence of marriage, so you will need to gather all of the evidence. I agree that you should also seek competent legal counsel.

 

P.S. Your wife never registered to vote nor voted in any election during her time here, correct? 

[mindthegap 2,521]

And advise your wife to not leave the US right now. 

[bolin786 21]

What actually happened is that her "conditional permanent resident status", which is only valid for 2 years, expired.  You should have requested a Removal of Conditions (ROC), before the conditional expired.  If you look closely, at the her conditional GC, you see the expiration date. Go right away to your local USCIS office and try to convince her of the oversight.  If no nefarious intention is discovered, I am sure they will accommodate without deportation.

[charmander 692]

8 hours ago, CitizenshipBound said:

My wife and I got married in 2012 and she received her permanent residence status on 7/15/14. Now that it's been almost 5 years since we've been married, we decided to begin the process for citizenship. It wasn't until we were collecting all the information that we realized her permanent residence expired on 7/15/16. After looking into it, we now found out that we should have filed an I-751 a long time ago and are freaking out about her getting deported.

Honestly, we had no clue about the requirement to file this form. Additionally, our son was born in May of 2016 and those first few months were a blur of crying and no sleep for the whole family. Looking into her residence status was the not even on our radar. To top it off, we moved since we originally filed for her residency status so if the USCIS has sent any notices it would have been to our previous address.

 

My question is, should go ahead and file the I-751 even though we're almost a year late at this point or should we contact an immigration attorney first? Any help/suggestions would be greatly appreciated.

Consult with an immigration lawyer ASAP. I wouldn't risk dealing with it without a professional help. 

[Jojo92122 1,924]

26 minutes ago, bolin786 said:

What actually happened is that her "conditional permanent resident status", which is only valid for 2 years, expired.  You should have requested a Removal of Conditions (ROC), before the conditional expired.  If you look closely, at the her conditional GC, you see the expiration date. Go right away to your local USCIS office and try to convince her of the oversight.  If no nefarious intention is discovered, I am sure they will accommodate without deportation.

I would not go to the local USCIS office without first consulting a lawyer.