We submitted the I-90 form as my wifes GC was about to expire. After waiting and waiting, we got a biometrics appointment in Boston today. Turns out we filed the wrong form, we needed to file the I-751 to lift the conditional status of her current GC. (We didn't know about that, and honestly we thought the hard part was over after the AOS. We thought we just had to renew the GC and wait until she can file for citizenship.) Big mistake on my part.

I've got a serious problem. Because we waited for this biometrics appointment and because we filed the form to replace a GC (mind you, we were thinking we submitted the correct form as her card was expiring...) Turns out, her card expired yesterday.

What kind of trouble are we in? Should we go ahead an send out the I-751 packet to Vermont and hope for the best? I'm kind of scared now, after reading we might have to go to a hearing.

Please let me know...I don't think I'll be sleeping tonight because of this.

Yeah man. File the I-751 as soon as possible, attach an explanatory statement and hope for the best.

If it's only a few days late, it shouldn't be a problem.

I don't think you're in a big trouble if you quickly send out the correct form (I-751) with the correct fee including the required supporting evidence. Be sure to include a short letter, explaining the delay (it's OK to say that you guys got confused and filed the wrong form), asking them to excuse the delay. Also be sure to include copies of the I-90 and all other correspondence(s) from the USCIS that you received following that filing as evidence of your attempt to file for removal of conditions within the correct time frame.

But understand that until your wife receives a notice of action and/or the letter extending her permanence residence pending approval of the application, it'd be a good idea for her to stay out of trouble with the law because technically she's out of status right now and that alone will make her subject to deportation if caught on the wrong side of the law.

Well, I hope you can sleep easy now (although you might have to sleep a few more days on the couch...lol). Good luck and I hope everything works out for you guys.

Send the form with your explanation

Thank you all, we are putting the package together today, Sat. and will send it registered mail Monday morning.

Luckily, we just bought a new sofa....it should suffice for a few more days.....


Thanks everyone. I will keep you updated.

You're right, the wife is out status, until the application is filed. But when USCIS accepts the delayed application, e.g. by cashing the check, I would assume that the wife is in status again. (The NOA is just a written proof of your status, not the status "generator".)

Not quite. He's wife is technically not out-of-status. She is still a permanent resident until USCIS says she's not anymore. Not filing I-751 on time does not automatically make person subject to deportation, again until the USCIS says you have to leave in XXX days or Immigration Judge decides otherwise.

Ok, one more question... all I'm finding on-line of an example cover letter is for a JOINT petition...(ie, both husband and wife have an Alien #)

Am I wrong in filling this I-751 out? This is only for my wife, I am a US citizen by birth.


Do I just edit the JOINT petition cover letter to fit my needs?

The I-751 is a JOINT petition by the USC spouse and the immigrant spouse. Both of you should sign the form.

For the cover letter, I've seen cases where both signed while in others only the immigrant spouse signed.

Thanks eau_, we're going to move ahead with this.

So where did you get this information?

I'd say it again, failure to file within the 90-day window technically puts the conditional resident out of status and may subject them to deportation. Section 216.4 of the Immigration and Nationality Act lays this out in plain language. Part of it reads:

"Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States."

Read Section 216.4 of the INA here.

I will have to agree with you Scapel. My wife hasn't ever gotten into trouble with the law, here or in her own country. But I'm still going to be on pins and needles until we hear some sort of answer. (Here's wishing it's a GOOD answer.)

I am going to post our attempted explanation letter we sent with the packet:

Dear USCIS examiner:

I am attempting to send this letter to explain why we are sending this I-751 Petition to Remove Conditions on Residence form outside of the required 90 day window prior to my wife’s (Name) Conditional Status expiring.

On July 7, 2007, we mailed the N-400 form and packet for Citizenship, but unfortunately, we had miscalculated the time line for submitting that package. We received the rejected package back on Nov. 10, 2007.
Then we submitted the I-90 for replacing the Permanent Resident card on Jan. 14, 2008. We received the receipt for the I-90 on Jan. 18, 2008. (Copy of receipt is provided.)
On Jan. 28, 2008 my wife received an appointment slip for a biometrics appointment for
Feb. 8, 2008. We were thinking she would be receiving the stamp to extend her Green Card at that time as that was the date her Green Card expires.

Upon going to that appointment we were informed we had filed the wrong form and to immediately submit the I-751 with this explanation letter attached.

Enclosed also please find the following documents to verify the times and forms we have submitted:

• Copy of the application N-900 with rejection stamp.
• Copy of the rejection letter from the N-400 packet.
• Copy of the web page receipt of e-submitting the I-90.
• Copy of the receipt and biometrics appointment slip for form I-90.


You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements. Please advise me if you have any further questions or problems related to this petition.
________________________________________________________________________________
_________________

Here's hoping this will be enough to allow them to proceed with this I-751. We were 3 day after the 90 days in which to file, so we'll see. (Man, there's a lot of paperwork to get together. Coordinating people to sign the affidavits was the worst.)

Wish us luck!

Good luck!

Don't worry too much though. I've seen one VJ member who submitted their I-751 months after the conditional GC expired (because they forgot) and they were granted the 10-yr GC without a problem. I hope your case will go the same way.

Thanks eau_. I also hope we get the same understanding reviewer as the one you mentioned did....

I'm a worrier by nature. Things that I can possibly fix/work on kills me at night. So you know, I only got 2 hrs of sleep last night. It's now 2:30pm and I feel like crawling under my desk for a nap A LA Costanza on Seinfeld.


Will keep you updated.


And thanks to all.

The letter could be better but it addresses the main points and explains the delay so no worry. And since time is of the essence, get the other materials together as quickly as you possible and send everything in with the correct fee. If you file everything correctly and in good time, I don't forsee any troubles. Keep us posted and let us know how this turns out...and ah, I hope you transition from couch back to bed soon.


Now, listen up USCIS, I am Scapel and I endorse XSoldier's letter!

Ok, So we haven't heard back from the VT Center yet. Is this a normal wait time without recieving a NOA1? Sent the packet Feb 11th, I know they received the packet on the 15th.

With my wife's GC expired, I'm really getting nervous about this.

Whew, so we received the NOA1 yesterday, for her Biometrics appointment on the 18th.

That's a good sign, right?

Does this mean they are moving ahead and have accepted the application to remove conditions? I guess I'm looking for some confirmation that everything is proceeding as planned.

Can we go ahead and make an appointment to get her Passport stamped, as her GC is expired?


What're my next steps?

Yay! Glad to hear that you finally got the NOA. Next step will be the biometrics appointment letter. It should come within the next few weeks.

The NOA means they've accepted your file and will be working on it. It is possible that somewhere down the road the IO working on your case might ask for more evidence. If he/she does, you will get an RFE. But if they are satisfied with the documents you sent, then the next thing you hear from them will be an approval.

Your wife won't need the I-551 stamp on her passport. Her expired green card and a copy of the extension letter are sufficient proof that she is legal to work and travel.

Ok, maybe I mixed up the acronyms. We received a Notice Of Action (I-797) ASC Appointment notice. I thought this was the NOA1?

This NOA is stating she has an appointment (biometrics) on the 18th of this month. We never received and extension letter. No where does it state on this NOA that there is any extension for her expired Green card.


Did I miss something here? We were supposed to receive that, right? Was there something else I needed to file to get that?

usually the bio notice and the NOA arrive around the same time.... I got mine within 2 days of each other....

so I am sure the NOA should be showing up in your mail box very soon...

The same thing happened to us. I hope the extenstion letter is coming soon.

aahhhhhhh....(*heart beat slows down....)

Ok, whew. Thanks for the update. Will check anxiously at the mail box for the next couple of days.


Thanks everyone!

Well, the heart rate is slowly climbing back up. We received an NOA on Mar 5th stating her biometrics appt. is on the 18th of this month. No NOA extending her already expired GC has shown up. Has anyone else been in this predicament?

Should I be on the phone with customer service inquiring about the extension? What happens if she goes to the biometrics and they see the expired GC? Our AOS was "lost" for over a year, until we contacted our congressman and talked to his aide. Suddenly the package was found, and still took another 120 day before we heard anything. Wondering if I should strike up that "friendship" again.



SCAPEL, I thought you endorsed our letter????? LOL

We're still waiting also. I'm getting nervous.

TRY TO RELAX and NOT FREAK OUT!
OK, so technically your wife is "out of status" but I have read where many, many people file a few days late and there has bee no penalty! Just file the I-751 as quickly as you can and get some rest!

Ok, we're 6 days away from my wifes biometric appointment, and still no NOA for extending her GC.

I'm really not having a good feeling about this. Going to the Boston Service Center, you know they will ask for 25 forms of ID, and seeing her GC is out of status with no accompanying NOA of extension....we're going to be about-faced and sent on our way.


ARRRGGHHHHH.

Off to call Customer Support.....

Sorry to hear that you still have not received the extension letter. Suggest that you do an INFOPASS and ask for the I-551 stamp on your wife's passport.

They won't. One form of government-issued ID (such as a driver's licence) will do just fine.

Perfect advice! It was the easiest thing to recieve during this whole process. All that was needed was the Passport, GC (expired or not) and the biometrics appointment letter. They stamped it and we went on our merry way. The guy also told me, going to that biometrics appointment without the extension letter will not be a problem. So sjb1221 you can relax a little. He also stated that they can take up to 90 days to send you the extension letter.

Hopes this helps someone else out there.

Glad to hear that getting the I-551 stamp was a breeze!

Now you can relax while you wait for the 10-yr GC to be approved. Hopefully you won't have to wait too long.

Thanks for posting your experience, xsoldier...we just sent my husband's paperwork in yesterday (via USPS express mail), and I know that Nebraska received it and signed for it at 11:00 this morning--thank God for "track and confirm"!

We have been sweating this a bit, as we applied REALLY close to the expiration of his green card--which is this Saturday.

My husband is very nervous about being out-of-status, so it's nice to know that we could apply for the passport stamp if we don't hear about the extension soon!

I'm glad I could help someone else out there for once.

Good luck, and keep an eye on this thread, as I will be updating as things move on.