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I-751 - Missed Deadline by 2 months now!

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We totally forgot to file I-751 within Conditional Permanent Resident card period of 2 years, and missed the deadline to file by 2 months. We were under the impression that we would receive instructions by mail from USCIS, and conditional period is 3 years. I now know that USCIS does not send the forms and instructions to us.

I read the US Immgiration letter today and found out that:

"Form I-765 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I-751 within the required time period."

1. Does anyone on the forum can tell what we should do now?

2. Should we get an attorney to help us to file petition?

3. My spouse is PhD student as well as working in a research institution as a research scientist - Will my spouse be able to continue working while we file petition and submit the I-751 form?

4. Can US Immigration reject her petition on the basis that we missed the deadline?

Can someone please advice? We are really worried ,and in a great stress as a family!

Thank you and God bless you.

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We totally forgot to file I-751 within Conditional Permanent Resident card period of 2 years, and missed the deadline to file by 2 months. We were under the impression that we would receive instructions by mail from USCIS, and conditional period is 3 years. I now know that USCIS does not send the forms and instructions to us.

I read the US Immgiration letter today and found out that:

"Form I-765 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I-751 within the required time period."

1. Does anyone on the forum can tell what we should do now?

2. Should we get an attorney to help us to file petition?

3. My spouse is PhD student as well as working in a research institution as a research scientist - Will my spouse be able to continue working while we file petition and submit the I-751 form?

4. Can US Immigration reject her petition on the basis that we missed the deadline?

Can someone please advice? We are really worried ,and in a great stress as a family!

Thank you and God bless you.

You missed the 2 months in 90 days window deadline??

You could still submit his application now asap, i just recently submit mine although I'm in 90 days calendar and after 1 week I got my NOA1 with the 1 yr. extension of my GC. The only thing I need to do now is, submit the 1 yr. extension letter of my GC from USCIS to my employer so it won't hold-off my work base on my immigration status.

God bless! (F)


07-13-06 - K1/K2 AOS/EAD sent

11-04-06 - 2 NOA's transfer to CSC

11-17-06 - "K1 APPROVED AOS" no interview

11-27-06 - "K1 - GREENCARD" rcvd.

01-23-07 - K2 GREENCARD rcvd.

08-20-08 - I-751 sent to Texas Service Center, transfer to VSC

08-26-08 - I-751 NOA1 & 1yr. Extension letter

09-18-08 - I-751 NOA2 - Biometrics Appointment Notice

03-11-09 - I-751 transfer from VSC to CSC!

05-13-09 - I-751 APPROVED

06-24-09 - card production ordered

08-20-09 - N400 - Citizenship Application

08-24-09 - NOA notice date

08-28-09 - NOA in mailbox

09-10-09 - email asking for more evidence

09-14-09 - Biometrics NOA date

09-18-09 - Biometrics Letter arrived in mailbox

10-09-09 - Biometrics Schedule

10-14-09 - Notice date of the yellow letter

10-30-09 - touched online for "testing & interview"

11-03-09 - IL received in mailbox

12-07-09 - "PASSED" Interview & it's my Hubby Bday too!

04-17-10 - Oath letter received in mailbox

05-14-10 - Judicial Oath atlast! in Atl

110 days - Application to Interview

158 days - Interview to Judicial Oath

268 days - Total processing days for my N400

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Meaning; we should have filed the application by June 30th (last day).

You missed the 2 months in 90 days window deadline??

You could still submit his application now asap, i just recently submit mine although I'm in 90 days calendar and after 1 week I got my NOA1 with the 1 yr. extension of my GC. The only thing I need to do now is, submit the 1 yr. extension letter of my GC from USCIS to my employer so it won't hold-off my work base on my immigration status.

God bless! (F)

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So your green card expired on June 30th? You could try submitting the application along with a very good reason to explain why you missed the filing deadline. It is up to the discretion of USCIS whether they will accept the application or not. You may also wish to obtain the services of a good immigration lawyer since missing the deadline means that your husband's green card is now expired, he is illegally in the US, and USCIS can start deportation proceedings against him.

If you are going to submit the application do it ASAP. Explain that you were expecting to be notified of the filing time and realized too late that this was not so. You have no time to waste because they may initiate deportation actions against your husband once they realize he has not filed to remove conditions and his green card is expired. Good luck.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Yeah, I agree. If your green card expired on June 30th, you had better get a move on NOW.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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I filed mine 10 days late, and received my NOA 10 days after they received and cashed my checque.

I would get that in asap.

good luck


PEGGY & ROGER

3dflagsdotcom_canad_2fawm.gif3dflagsdotcom_usa_2fawm.gif

K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

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