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ClydesdaleCouple

Oh shoot O.O Houston, we have a problem!!! (ROC on an expired 2 year card)

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I'll make a long story short. British expat hubby is airheaded to say the least and it has come to our attention that while he insisted his green card expired in AUGUST, It truly expired in JULY!

It was a two year card based on our marriage (I'm sure my rage would have served as proof of a viable relationship! lol) and we were filing for removal of conditions when the discovery was made.

WHAT NOW!!??

I know there are a bunch of worst case scenario users on here but according to them my hubby was going to be deported on the spot three years ago, so i'd like to hear the truth about what our next move should be.

I'm sure they wont deport him, but what possible fines or procedures have we unknowingly incurred.

Thanks for the help, pardon me while I rip his lovely head off.


From the time we submitted our forms till AOS approval (112 days).

 

Timeline:

January 9, 2012 : Arrived in the United States on VWP from Scotland to visit for a few months.
March 23, 2012 : Married in Pekin, IL
heart.gif
March 19, 2013 (day 1) : Forms sent into the Chicago Lockbox

March 26, 2013 (day 7) : NOA1 Reciepts for I-130, I-765, I-485; case accepted
April 4, 2013 (day 19) : Change of Address reciept
April 10, 2013 (day 25) : Biometrics appointment notice, appointment sent for April 23rd
April 15, 2013 (day 30) : RFE for I-485
April 23, 2013 (day 38) : Biometrics appointment in Naperville, IL. Super easy, no wait.
April 28 2013 (day 43) : Receipt of Evidence
May 5, 2013 (day 47) : Interview appointment to be scheduled

May 11, 2013 (day 53) : Interview set for July 9, 2013

May 27, 2013 (day 69): EAD has been ordered/sent out

June 6, 2013 (day 79): recieved EAD, applied for SSN

June 14, 2013 (day 87): Recieved SSN

July 1, 2013 (day 104): HIRED!!! (two jobs I might add!!))

July 9, 2013 (Day 112): AOS Interview @Chicago Office, APPROVED ON THE SPOT!!!

July 10, 2013 (Day 113): Illinois Drivers License!!!

July 12,2013 (Day 115): GC Production ordered

July 17, 2013 (Day 120): Green Card Recieved!!!

TWO LOVELY YEARS (July 2013 - October 2015)

October 27, 2015 (Day 1 ROC): Sent ROC packet with fee waiver and late explaination

November 11, 2015 (Day 15 ROC): Packet Denied based on lack of evidence for fee waiver

December 22nd, 2016 (Day 1 restart ROC): Packet resubmitted with better evidence

January 23rd, 2017 (Day 32 since restart ROC): Packet accepted and fee waiver approved

 

mbpndc.jpg

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Well, he can still file to remove the conditions but he'll also need to state why he didn't manage to file within the 90 window before expiration. Since you've caught it so early, I don't think it's the end of the universe - it's not like you've left it 2 more years or something!

You might need an immigration attorney to do this for you, but I'll let others chip in on that one.

On the down side, he probably isn't legally allowed to work right now because he's out of lawful status.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
You will receive a notice from us telling you that you have failed to remove the conditions
You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate 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.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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As stated, you must include a written explanation of your late filing, and need to show "good cause" for the lateness. Acceptable explanations include: a death in your immediate family, hospitalisation of you or a close family member, etc.

I'm not sure simply forgetting will qualify, but I'm not the person you have to convince.

If USCIS accept your explanation then you'll receive the I-751 NoA/extension letter. If they do not accept your explanation then the I-751 would be rejected, and deportation proceedings would likely follow.

Your husband is currently out of status, is not authorised to work, and is deportable.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Every explanations need to be accompanied with proofs.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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So I just found out that I let my card expire as well. I'm freaking out!!! Any personal experiences?


AOS from B2 visa
11/13/12, Day 000-Mailed AOS package (I-130, I-485, I-765) to Chicago lockbox.
11/17/12, Day 004-Package delivered to Chicago lockbox.
11/21/12, Day 008-Text & email received for all 3 forms.
11/23/12, Day 010-I-130 & I-485 checks cashed.
11/26/12, Day 013-NOAs received for I-130, I-485, I-765.
12/05/12, Day 022-Biometrics appointment (12/20) NOA received.
12/06/12, Day 023-Successful Walk-in biometrics @ Brooklyn ASC.
12/18/12, Day 035-Online case status available (I130-initial review; I1765-initial review; I485-testing and interview)
01/22/13, Day 070-Notice of EAD approval via text & email.
01/25/13, Day 073-EAD card production.
01/28/13, Day 076-EAD mailed.
01/30/13, Day 078-EAD received.
04/01/13, Day 139-Text and email notification for May 6th interview received.
05/06/13, Day 171-Interview @ Federal plaza, NYC. Further review but we're highly favored biggrin.png

06/05/13, Day --- - Notification of stokes interview received in mail.

07/31/13, Day --- - Stokes interview @ Federal plaza, NYC. Approved!
07/31/13, Day --- -Green card production email and text received.
08/06/13, Day --- -Green card mailed.
0x/xx/13, -Green card received. :-D

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Personal experience tale! My sister also forgot to file on time; her card expired July 8 and she didn't notice until July 21. She called the local free immigration advisers and they told her they have people who file months late and are approved without problems. She sent her paperwork that day and has already received her NOA so I guess she's in the clear and they didn't reject it off the bat. As far as I know she didn't send an explanation as to why she filed late.

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When the adjudicator comes to review her I-751 then she will probably be issued an RFE for an explanation of the late filing.

Relevant policy memo: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/I-751-LateFiling-PM.pdf


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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i think it's perfectly fine to write up a letter of attestation claiming 'airhead husband' as the main cause for filing late. sure, an adjudicator might chuckle at it, but honesty is the best policy, aye?


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I note that one of the factors involved is the time by which the filing is late.

I'd hate to be the one to give the advice that gets your husband removed - but it if were me - I'd file it ASAP, including telling them that the evidence will follow shortly, and that you just plain got confused about the expiration date on the GC. The policy memo referred to above says ISO's have "broad discretion" to allow late filings. I'd personally offer the truth rather than "The dog ate my homework."

But I'd get it in ASAP.

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