I-751 filing (PR/Green Card about to expire - discrepancy with expiration date also) [edited title]

[tony321 3]

Hi Guys,

Im about to file for my removal of conditions, however im in a difficult situation that im unsure as to how to proceed.

Heres the overview

coming on visa waivers since '01

last entered usa '06

married '07

issued green card beginning of '09

found out wife was having affair and into drugs middle of '09

we separated and i moved into own home end of '09

i never pushed for a divorce simply because of our youngest child (now 11)(not mine biologically but ive been dad from her birth)

I have just realized that by me not getting divorced sooner im in a limbo regards the filing of the form....i have just 2 weeks ago asked for and we agreed on a no contest divorce, obviously this will not be completed in time for filing deadline.

The only "check mark" i see i can use is the "If you are filing to waive the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty"

Am i wrong to assume that an affair is extreme cruelty? Sure felt like it at the time !!

I have evidence (letters etc) of proof of affair. Do you think it wise to send these in or no??

Appreciate any advice

[Brother Hesekiel 2,235]

What is the "Resident Since" date on your Green Card?

[tony321 3]

Hi "Just Bob" Thanks for replying

RESIDENCE SINCE 03/20/09

[Brother Hesekiel 2,235]

Hi "Just Bob" Thanks for replying

RESIDENCE SINCE 03/20/09

Just what I took from your initial post.

Maybe I'm losing my math skills, but to me it looks like you had to remove conditions by March 20, 2011 already. I'd say you are quite late!

[tony321 3]

Card says "Expires 05/20/2011"

Is this a typo do u think? will they honor the 5/20/11 date ?

[P&R 1]

Card says "Expires 05/20/2011"

Is this a typo do u think? will they honor the 5/20/11 date ?

I looked at my husband's PR card after seeing your post and his "Resident Since" date, is the day he was approved. The date his PR card Expires is exactly 2 years later.

You might want to call USCIS and have that issue checked. I hope it all works out well for you and I'm sorry to hear of the difficulties you're going through. Good luck!

[tony321 3]

Hi Guys,

I wanted to come back to my initial thread and update it with what has happened since I initially posted for advice.

The date on the card of course was correct…I was in error…even after looking at it couple times after people replied here! I could have sworn it said 05/20/11. The month is printed right under/over the red insignia for Homeland Security and I honestly thought it was a 5 and not a 3. Soon as I did realize my mistake I felt physically sick and couldn’t believe how stupid I was so hadn’t got the heart to post back and continue asking questions in this thread, instead I pm’d a member here (Vanessa&Tony..you guys rock!!) and sought advice privately as I was in panic mode and not sure what to do next. They explained right off the bat that they had no legal training but would be happy to try answer and questions or concerns I had. Spent a week reading and reading and reading about others who had filed late and what they did and how it turned out for them.

So, went and got the divorce papers all in order and filed them on May 23rd. While that was processing I started to gather as much evidence I could, it was very hard as wife had move to another state and it was very hit and miss when she would talk to me. I didn’t have any utility bills or bank accounts in both our names and any paperwork that did have our names on it was destroyed when she moved state without notifying me, she basically abandoned the house and took what she could fit in her car from the house. When I look at the lists of evidence people had got together to send in I was terrified when I actually looked at what I had !!

This is what I sent in as I waited for the divorce to come through.

1: A very apologetic late filing letter explaining my stupidity in detail to how I misread the date etc. (from what I read when filing late this needs to be the 1st thing they see)

2: Cover letter detailing the contents of the package

3: Two Affidavits from friends attesting to the validity of the marriage.

4: An affidavit / marriage timeline from myself explaining in detail why we were no longer together.

5: Lease with both names

6: Photocopies of Green card / drivers license / social security cards for all of us / wife’s driver license showing married name

7: Check for $590

8: Photographs of family vacations and outings

9: Tax transcripts showing me claiming the children

10: Letters documenting the affair. ( I was really troubled about sending these in but decided that they would add weight and backup my affidavit with regards to the affair.

As you can see not really your standard proof of relationship package and as such I was terrified it was not going to be enough. I knew they would have to RFE me as I hadn’t sent in the divorce decree with the package as it was still going through the courts. I waited anxiously to see if the check was cashed, as at this stage i was at the mercy of the USCIS examiner to allow my late filing. I then received the I-751 receipt notice and letter explaining my conditional resident status had been extended one year and I was allowed to work, it also said I would be receiving a separate letter with biometrics appointment. I did a couple days later and had my biometrics on June 13th, took all of 7 minutes

So now I waited for the inevitable RFE and hoped it only asked for the divorce decree and nothing else. It was about a month later I think when I got the RFE letter in the post. I stared at that letter for over 20 mins before I could open it ! Once opened it indeed said I had sent insufficient evidence and that I needed the following list of items to be sent in or removal proceedings would commence. I read the letter a few times and it “seemed” to be a generic one fits all size letter and listed pretty much all the same stuff that was asked previously (proof of relationship. giving examples of good documents to send in…bank statements//bills. insurance etc.) but also asked for a final divorce decree and a copy of petition of divorce. If anyone needs I can scan and make a copy of the letter. So I waited for the paperwork to go through courts….finally got the decree June 14th.

So now I faced a dilemma, I hadn’t acquired any new evidence with regards to proof of relationship and only thing new I had was the divorce papers. Was the RFE letter asking me for more proof of relationship or just divorce papers as they needed those because of how I filed. I decided to send everything I had sent in 1st time in again and added the divorce papers in case a different officer was looking at the case at least he’d have an idea as to what was going on…I could be wrong and same one gets to do the follow up I don’t know. So sent it all in at the end of June and said a lot of prayers!!

I received a letter yesterday in the post from USCIS. I had to call a friend to come over to open it with me…I was terrified. The 1st line read “Congratulations ! your request for the removal of conditions has been approved” I couldn’t believe it…I actually had a lil cry with my friend as I explained to her what it actually meant and how important it was to me. The letter said I should receive the Permanent Residence Card within 60 days, if not to call them.

My NEW best friend the postman brought the card this morning in the post !!! One day after receiving the letter! I am so happy its embarrassing my friends. I wanted to write down my experience so that others can see that missing the deadline for filing may not be the end of the world and that I truly believe that my honest letters excusing my late filing and my affidavit explaining my unique situation had a bearing on the outcome of this case.

To those of you who are still going through or will be I wish you the very best of luck from the bottom of my heart.

To Vanessa&Tony I think without your moral support and kind words of wisdom I don’t think id have made it through in one piece. I truly appreciate everything you have helped me with on this very scary journey !

Regards

Tony

[scotty2009 13]

What a pleasant surprise. I am happy for you

[mr and mrs 187]

awww! tony, that's great! a HUGE weight off of your shoulders.

thanks so much for taking the time to write it all up. it will benefit others to know what your experience has been. another story of 'honesty is the best policy'. i am really glad you still could use VJ as a resource even if it was in the public forums. there are a lot of great people here.

three cheers for vanessa and tony (and tony)! hip hip...