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.

I also just realized.... 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? Should I start calling my lawyer?

Sounds like you did every thing correctly, The package was post marked 2 days before your due date. Did you request a delivery confirmation card?

Wait and see if they cash the check they probably will.

The filing was made in time and you should receive an NOA shortly that will serve as an extension of her expired CGC 'til adjudication occurs. What is at issue, however, is whether or not your wife will be asked to demonstrate proof of status in the interim.

USCIS falls under the Dept of Homeland Security, and I suspect the cheque will be alright.

I pray that you are all correct. I was so proud of myself putting it all together that fast....

If they reject the check, will they give us so many days to send one as RFE?

Yes they will, they will have your petition in their system and will wait for a correct check.

Is like the IRS, when people file their taxes on the last day, the IRS uses the post mark to determine if the filing is late or on time.

You should be fine.

did you notarize the letters from your friends?

UPS tracking is now saying it will not reach the center until December 26, 3 days late! I am pannicking!!!! What can I do? Can my wife still work until we get the NOA? HELP!!!!!!!!

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.

...............

Here is a kicker. After speaking with the USCIS Call Center, and calling my lawyer, it is determined that as long as the date on my wides EAC (Employment Authorization Card) is valid, and I have a delivery confirmation of the i-751, she should be valid to work until the NOA1 arrives, because as long as you are filed in those 90 days you are still in status, and the EAC shows that you are legally allowed to work in the United States.

Any thoughts?

I would not worry about the cheque. I had made out a money order to USCIS based on old instructions and sent it in anyways. They accepted it with no problem. If your lawyer and the call center says she can work, then she should just keep working. Sounds like you have everything under control.

Is my document considered filed as of the date of receipt?

I am just freaking out. I know that my lawyer has said that we are fine, but the thought of losing my wife that I love dearly is killing me.

HI:

You should be ok, you sent the packet within the time limit and plus there is a holiday in between "Not your fault". it's like when you deposit a check you haave receipt that you deposited on 12/21/2006 but it would clear in the next three following days but it's considered deposited. Keeping your receipts is the most important thing and also about the USCIS thing ... I made the check the same way 6 months ago hehe...

That was case one..

Case 2: Your wife can continue working... I kept working for three weeks and my card had already expired until I received my NOA...If they say anything.. she can tell them to confirm it with USCIS, thats the way the process is and you applied within the time limit.

Case 3: The letter you sent them explaining what you were enclosing is self explanatory, I read somewhere in the forms before that even if you are late senging out the I-751 you must submit a letter stating why and you did it.. (This is not the case for you because you sent the form on 12/21/2006 and you have a receipt). So no worries. Just hang in there and wait for the NOA (approx 2 to 4 weeks).

If there is a problem they will let you know which I do not really think there is..

RE: Any news on Vermont Service Center for Green Cards? It's been two months and havent received the 10 year card


Best Regards
Edcol

What the heck is an EAC? I've never heard of it. The closest thing I've heard of, the EAD, is only issued to non-permanent-residents. Gareth's EAD was taken from him when his green card was approved because they're not needed by PRs and they're not valid for them.

Your wife is allowed to work in the US as long as she is in-status. If she filed within the 90-day window, she is in-status unless and until either (1) the one-year extension runs out if your case has not been decided by then, (2) your I-751 is denied, (3) she is put into rescission proceedings and loses, or (4) she abandons her status. (The most likely outcome, of course, is that none of those things will ever happen, the I-751 will be approved, and she will never fall out of status.)

Egads, doctorvtec! Your wife is not at risk of deportation with regard to this submission. Your lawyer is correct. Your lawyer also properly advised you regarding your wife's employment situation and that until the NOA is received, and although she submitted the I-751 on time, an employer could ask for proof of status and with an expired conditional green card until an NOA arrives extending it, what would she present to the employer to show that? Per the I-9 instructions reverification is required by the employer prior to expiry of the instrument that was initially presented to the employer to demonstrate he or she has authorisation to work.
Proof of status in terms of employment is being able to demonstrate that one is in work-authorised status.


At issue is how she can demonstrate that her status is current to the employer...

I'm curious....What is the date on your wife's EAD?

True, of course, but she shouldn't have to demonstrate it unless she starts a new job.

Is there any way to contact the Vermont Service Center this week to see if they accepted our petition and that it is being processed?