Missed I-751 Deadline

[diadromous mermaid 36]

What would be your reason for the personal appearance at the San Antonio center? Basically, when you file the I-751, you mail it to the service center responsible for your area - in this case the TSC. The application is opened there, the cheque cashed - and then the file is apparently transferred to the Vermont Service Center. Processing will take place there and will only be forwarded to your local immigration center if they schedule you for an interview. So, what is it you and your wife hope to accomplish by going to the San Antonio center in person?

My point exactly. She is just freaked out and the Texas Center is the only recourse she knows of. I think I have now convinced her that we do not need to do that and simply getting the documents to the appropriate place during the 60-day grace period is the proper avenue.

Showing her the section from the Field Adjudicator's Manual was definitely helpful and I truly appreciate your diligence in locating that item for us.

I have written sample affidavits for three close friends of the both of us and have been gathering additional documents substantiating our claims as a happily married couple including a printout from our website for our business that clearly shows her as a partner.

As a word of caution, please don't rest on the 60-day grace period as a literal translation that an alien has an ability to file a late petition. Acceptance of any untimely petition is discretionary, despite any language in an Adjudictor's Manual!

[Kathryn41 3,205]

I fully agree. Make sure you explain clearly why you are filing late and apologize profusely. It is discretionary so you still want to make a good case for them accepting it this late.

[dillo2 0]

I fully agree. Make sure you explain clearly why you are filing late and apologize profusely. It is discretionary so you still want to make a good case for them accepting it this late.

I am pretty happy with my cover letter. I should have two of the three affidavits in my hands by tomorrow and I gathered most of the other "proof" documents today. My objective is to mail it overnight either tomorrow or Thursday.

[Kathryn41 3,205]

Good luck!

[dillo2 0]

Good luck!

Thanks to all for your timely assistance.

[dillo2 0]

Good luck!

Thanks to all for your timely assistance.

The package is in the mail and the post office said it would be delivered by noon tomorrow, which is three days before the end of the 60-day discretionary grace period, so now we play the waiting game.

[dillo2 0]

Good luck!

Thanks to all for your timely assistance.

The package is in the mail and the post office said it would be delivered by noon tomorrow, which is three days before the end of the 60-day discretionary grace period, so now we play the waiting game.

I just received in the mail today a one year extension on my wife's Conditional Residence stating that they will be sending us an appointment to do the biometrics soon. They did not ask us for any other information and I couldn't believe they had processed it so quickly. Thus it appears they accepted my excuse for being late. The check has not yet been presented at the bank, but I suspect it will be soon.

I had received a reply from an attorney I had checked with stating he would "help" us for $2500. I am glad I found this forum and did it myself with all of your help, so we both send our heartfelt thanks to all who helped us achieve our objective.

[wannabe_texan 0]

I just received in the mail today a one year extension on my wife's Conditional Residence stating that they will be sending us an appointment to do the biometrics soon. They did not ask us for any other information and I couldn't believe they had processed it so quickly. Thus it appears they accepted my excuse for being late. The check has not yet been presented at the bank, but I suspect it will be soon.

I had received a reply from an attorney I had checked with stating he would "help" us for $2500. I am glad I found this forum and did it myself with all of your help, so we both send our heartfelt thanks to all who helped us achieve our objective.

Wow that's great - congratulations! I guess that means TSC are issuing NOA1s then?

Good job for doing the paperwork yourself...

[dillo2 0]

I just received in the mail today a one year extension on my wife's Conditional Residence stating that they will be sending us an appointment to do the biometrics soon. They did not ask us for any other information and I couldn't believe they had processed it so quickly. Thus it appears they accepted my excuse for being late. The check has not yet been presented at the bank, but I suspect it will be soon.

I had received a reply from an attorney I had checked with stating he would "help" us for $2500. I am glad I found this forum and did it myself with all of your help, so we both send our heartfelt thanks to all who helped us achieve our objective.

Wow that's great - congratulations! I guess that means TSC are issuing NOA1s then?

Good job for doing the paperwork yourself...

Actually, the letter I received is a NOA, I797C

Part of the fee I sent was for biometrics. The letter asks us not to go for biometrics without the appointment letter they will send us (Imagine that, they can send us a letter for that but not to remind us we need to file I-751).

We met Saturday, 5-10 with the attorney who filed our original application and he told us that he thought we would be OK and that if they cashed our check, that would be a good sign. While the check has not been cashed, the letter implies biometrics is right around the corner plus they have given us an extra year, presumably to allow enough time to remove the conditions.

I would not have had the cajones to file myself had it not been for this forum.

Thus there is apparently hope should one miss the deadline, but it is much better if one does not so so.

Edited May 21, 2008 by dillo2

[Kathryn41 3,205]

Congratulations - on two fronts:-). For getting your submission in and accepted - and for receiving an NOA I-797C - you are probably the first one of us who has filed since early February to actually receive the extension letter. I hope the rest of the process goes just as smoothlyl for you - and don't worry, they will cash that cheque soon.