Guess I am getting deported

[Cardinal6669 10]

Only just realized it tonight when I looked at my greencard expiry. It says 05/09/18. USCIS received it 05/11/18. 

It was our fault, we mistakenly thought it expired on the 15th. 

I have been googling what is going to happen next and I don't think we have a valid excuse. 

I did lose my job last month and it has been hard financially and mentally on us. But we had the money in our account to pay for the greencard, we just didn't know if we could go ahead and pay the fee and then worry about how long we would last on 1 income, or whether we should wait and see if I could get another job fast enough. In the end my mum sent us some money so we went ahead and sent in the application. But I now know it was 2 days too late. 

 

Thing is, I don't know if having the money and not paying it until we felt we could afford it is a valid excuse. We just weren't sure of the future at the time (hell we still aren't sure of the future) and how fast we were going to run out of money so we didn't want to end up in debt or homeless or whatever else. So we held onto the money until my mum sent us some money. 

Our marriage is real, we love each other with all our hearts. 

I don't know what is going to happen. 

I read somewhere we will get an RFE asking for explanation and if its not good enough we will be referred to immigration court. We can't afford a lawyer. We'd be screwed. 

I don't know how good the evidence has to be. This is a cruel twist of fate and we feel stupid for not realizing my greencard expired sooner than what we thought. 
 

[geowrian 22,335]

Filing late is much better than not filing at all. Filing just a few days late with a decent explanation would still probably be accepted.

 

There's a list of examples for bona fide marriage evidence to include for ROC here: http://www.visajourney.com/content/751guide

[Coco8 1,039]

The fact that you filed and are only 2 days late is good. 

 

I'd say that USCIS has much better things to do and on which to put resources than going after a person that filed two days late. If you get one of those obsessive bureaucrats you might be asked to provide an explanation. 

 

On the list of excuses to give, it does say financial problems. Your case would be one of those and it should be enough.You can attach some evidence about loosing the job (maybe you have something in writing from your job, an email, or contact information for someone) and the transaction that you were sent money by someone else to cover the costs of filing the forms.

Edited May 21, 2018 by Coco8

[Cardinal6669 10]

6 minutes ago, Coco8 said:

The fact that you filed and are only 2 days late is good. 

 

I'd say that USCIS has much better things to do and on which to put resources than going after a person that filed two days late. If you get one of those obsessive bureaucrats you might be asked to provide an explanation. 

 

On the list of excuses to give, it does say financial problems. Your case would be one of those and it should be enough.You can attach some evidence about loosing the job (maybe you have something in writing from your job, an email, or contact information for someone) and the transaction that you were sent money by someone else to cover the costs of filing the forms.

Okay so I can get proof that I reigned from my position because I was offered a better position and then the position was basically retracted from me because the employer said oh sorry we hired too many people at once.

 

I can also get proof of the money order from my mum, and it even says on the receipt "For your green card fee". 

This makes me hopeful. 

Thank you. I hope we get an employee who is compassionate. We had solid evidence we are happily married. 

[bakphx1 785]

You said they received it on the 11th, but had you mailed it before? Some federal agencies assume a 5 day mailing time from the date they received it.  Not sure if they give a leeway on that. 

 

This site gives good info on what to do and financial hardship and a job loss are valid reasons.   https://www.nolo.com/legal-encyclopedia/submitting-late-form-i-751-petition-remove-conditions-residence.html

 

Appealed approvals are more expensive to the agency to process so they are probably encouraged to try to get it through on the first pass. 

[bakphx1 785]

I tried to find a definitive answer on the date filed issue.  You may be in luck, because it doesn't specify it must be received by that date, but filed, which can include mailing time.  Did the signatures show a date of the 9th or sooner? 

[Cardinal6669 10]

18 minutes ago, bakphx1 said:

I tried to find a definitive answer on the date filed issue.  You may be in luck, because it doesn't specify it must be received by that date, but filed, which can include mailing time.  Did the signatures show a date of the 9th or sooner? 

Unfortunately it was mailed the 10th and got their the 11th. 

[Sukie 1,439]

1 hour ago, Cardinal6669 said:

Only just realized it tonight when I looked at my greencard expiry. It says 05/09/18. USCIS received it 05/11/18. 

It was our fault, we mistakenly thought it expired on the 15th. 

I have been googling what is going to happen next and I don't think we have a valid excuse. 

I did lose my job last month and it has been hard financially and mentally on us. But we had the money in our account to pay for the greencard, we just didn't know if we could go ahead and pay the fee and then worry about how long we would last on 1 income, or whether we should wait and see if I could get another job fast enough. In the end my mum sent us some money so we went ahead and sent in the application. But I now know it was 2 days too late. 

 

Thing is, I don't know if having the money and not paying it until we felt we could afford it is a valid excuse. We just weren't sure of the future at the time (hell we still aren't sure of the future) and how fast we were going to run out of money so we didn't want to end up in debt or homeless or whatever else. So we held onto the money until my mum sent us some money. 

Our marriage is real, we love each other with all our hearts. 

I don't know what is going to happen. 

I read somewhere we will get an RFE asking for explanation and if its not good enough we will be referred to immigration court. We can't afford a lawyer. We'd be screwed. 

I don't know how good the evidence has to be. This is a cruel twist of fate and we feel stupid for not realizing my greencard expired sooner than what we thought. 
 

I'm not a USCIS employee, but I'd be willing to say that you are 99.7% clear with this.  Your job situation and the fact that you have the money order copy are going to be enough.  Focus on getting that job and being happy.  Your card expired on the 9th and you mailed it on the 10th.  You will be ok in the end, even if you DO get an RFE.

 

Best of luck!

 

Sukie in NY

[bakphx1 785]

Well, I scanned for people's experiences who filed late. 100% had their application processed and approved as usual.  One person was 3 months late, got approved without so much as an RFE. 

 

I know we all worry when it's our own case and lives, but I think you have nothing to worry about. 

[Cardinal6669 10]

So how should we approach this letter?

The most begging, at your mercy, please spare us from separation tone ever? 

[Cardinal6669 10]

Thank you guys soo much. I will tell my wife there is still a good chance everything will be fine. 

Wish us luck!

[bakphx1 785]

3 minutes ago, Cardinal6669 said:

So how should we approach this letter?

The most begging, at your mercy, please spare us from separation tone ever? 

My impression is do the letter only if you get an RFE.  I would write what you wrote here.  You had a job situation and it threw you off.  But, it sounds like it will just be processed as is. 

[Cardinal6669 10]

Just now, bakphx1 said:

My impression is do the letter only if you get an RFE.  I would write what you wrote here.  You had a job situation and it threw you off.  But, it sounds like it will just be processed as is. 

Thank whatever higher power may be out there. 

[Villanelle 4,121]

All you can do now is wait and see. When they get your package it goes through various processing. If the worker notices the date and its late they will look for the filing late request letter. If they dont find one attached they can either mail the packet back to you (and youd resubmit it with the request letter) or keep the packet and send you and RFE for the request letter. It is better if they keep the packet but who knows what will happen. Get started on writing your excuse letter. It should be simple and to the point. As posted nearly 100% of requests to file late are approved. 

[mindthegap 2,521]

You aren't getting deported, at least not for this.

It was a couple of days late - not the end of the world. Late filing is permitted with a request for late filing and a valid reason.

So, one of three things will happen:

 

1) They accept it.

2) They return the entire package as you didn't include a late filing request letter.

3) They RFE you for your request for late filing letter. Once you send this, it should be accepted. 

If you get either 2 or 3 , it would be sensible to have the letter ready to go the same day you receive it

 

All you can do is watch both your bank account for the cheque cashing, and your mailbox for the package being returned/RFE.

 

 

Edited May 21, 2018 by mindthegap