What to do now?

[Kevin1148 0]

Well, today, the wife and I are gettig everything ready to file our taxes tomorrow, and I decide to grab my GC to take with me (I normally keep it in the safe). Well, to my suprise, it expired in August . The only excuse I have for this is we had a baby last year and have been so occupied with him, we also had to move into a new place as the landlady sold the house from under us too, so 2008 was VERY hectic. Also my father had lung cancer and is only just recovering after 2 serious surgeries. I couldn't afford to fly back and see him so that was on my mind too.

I want to obviously get this cleared up, but have a few problems. First off, financially - right now, we can't do it. The economy is so bad that now my hours have been cut to 3 1/2 days a week. The only job my wife could find was a part time job at 2 days a week. We are living paycheck to paycheck and don't just have to $500 laying around.

Also I am worried that because it's been so long, they may frown upon this application and maybe take action against me - and I obviously do not want to leave my wife and child!

Has anyone else had this happen? And is there some kind of payment plan that we can set up fo the fee's?

Thanks in advance.

[Dakine 26]

Well, today, the wife and I are gettig everything ready to file our taxes tomorrow, and I decide to grab my GC to take with me (I normally keep it in the safe). Well, to my suprise, it expired in August . The only excuse I have for this is we had a baby last year and have been so occupied with him, we also had to move into a new place as the landlady sold the house from under us too, so 2008 was VERY hectic. Also my father had lung cancer and is only just recovering after 2 serious surgeries. I couldn't afford to fly back and see him so that was on my mind too.

I want to obviously get this cleared up, but have a few problems. First off, financially - right now, we can't do it. The economy is so bad that now my hours have been cut to 3 1/2 days a week. The only job my wife could find was a part time job at 2 days a week. We are living paycheck to paycheck and don't just have to $500 laying around.

Also I am worried that because it's been so long, they may frown upon this application and maybe take action against me - and I obviously do not want to leave my wife and child!

Has anyone else had this happen? And is there some kind of payment plan that we can set up fo the fee's?

Thanks in advance.

From Visa Pro

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

• Your conditional resident status will automatically be terminated and the Service will order removal proceedings against you

• You will receive a notice from the Service telling you that you have failed to remove the conditions

• You will also 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. The Service is not responsible for proving that you did not comply with the requirements

• Form I-751, Petition to Remove the Conditions on Residence can be filed after the 90 day period if you can prove in writing to the director of the Regional 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

[Dakine 26]

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

You have already lost your conditional residence by not filing on time. It's up to you to come up with a GOOD reason for not having filed.

I'd get a lawyer.

Edited February 16, 2009 by Haole

[Kevin1148 0]

From Visa Pro

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

• Your conditional resident status will automatically be terminated and the Service will order removal proceedings against you

• You will receive a notice from the Service telling you that you have failed to remove the conditions

• You will also 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. The Service is not responsible for proving that you did not comply with the requirements

• Form I-751, Petition to Remove the Conditions on Residence can be filed after the 90 day period if you can prove in writing to the director of the Regional 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

Doesnt sound good

we haven't gotten anything in the mail though, which is strange considering the timeframe - I'm going to try and quick file my taxes and use the money to try and get this fixed. I will write to the director and explain the situation. I guess we will have to hope they are sympathetic.

[Kevin1148 0]

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

Yes, will do that. Only option really. I have some evidence of the financal situation not being too healthy. I can't believe we didnt get any notification though, we would have acted a lot sooner. I know I should be on top of these things but I've had so much going on lately.

[Dakine 26]

From a lawyers site

Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency. Residency terminates on the two year anniversary of the grant of residency, if an I-751 has not been filed. So you are technically out of status for failure to file an I-751, and clearly, you are not authorized to travel or work at this time.

Filing of the I-751 immediately with a full explanation of why you did not timely file it is one thing you can do at this point. The filing will generate a receipt which will extend your residency for one year, during which time you will likely be called in for an interview at a local office of the USCIS. Whether the late filing is accepted or rejected will depend on the reasons you give for the late filing and the immigration officer's determination of whether those reasons show good cause. Also be prepared to prove the continuing bona fides and viability of your marriage by presenting joint ownership of property, joint tenancy, commingled assets, and so forth.

I would urge you to retain the services of a skilled immigration lawyer before filing anything with he USCIS.

[Jasman0717 9]

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

You have already lost your conditional residence by not filing on time. It's up to you to come up with a GOOD reason for not having filed.

I'd get a lawyer.

Act quickly

[queendlee 1]

I know things are tight, but i recommend getting or speaking to an attorney... you have been out of status for long time.

i sympathize with your reasons, but unless the uscis knows these reasons and you make an attempt to change the situation, it will only get worse as time progresses.

[together2love 0]

we also had to move into a new place as the landlady sold the house from under us too, so 2008 was VERY hectic.

Did you notify USCIS that you moved as you stated in your original explanation? If not, then I would also fill out the proper documentation (AR11 - you can fill this out online) to notify them about your change of address before you submit your I-751 with your new address on it. That may be why you haven't gotten any information from USCIS - it might be sent to your old address and they may not allow it to be forwarded. . .

[loonphang 0]

Don't do it yourself....get lawyer.....i understand that you cannot afford it, but this is the money you will have to spend.

[notscenenough 6]

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

Yes, will do that. Only option really. I have some evidence of the financal situation not being too healthy. I can't believe we didnt get any notification though, we would have acted a lot sooner. I know I should be on top of these things but I've had so much going on lately.

USCIS only recently started notifying people to do their ROC. They weren't doing so ever before, august included. I filed in december and havent gotten any notification either. This is a very serious situation, however since you have a child I would think it's unlikely they would deport you, but take care of it asap.

Edited February 17, 2009 by notscenenough

[ScottnCati 0]

the instructions clearly state you must file 90 days prior to the end of the 2 years. 6 months expired is a bad thing, and you should really think about an immigration lawyer. Tey will be able to tell you the proper steps.

I have heard that people were removed for having a CG expired, it happened to one of the guys I work with. He left to go to Mexico for Christmas 2 yrs ago and when he tried to come back, was not allowed back into the states. His wife, and kids remained here, so telling you this...again...seek an immigration lawyer.

Good luck

[3600rs 24]

Well, today, the wife and I are gettig everything ready to file our taxes tomorrow, and I decide to grab my GC to take with me (I normally keep it in the safe). Well, to my suprise, it expired in August . The only excuse I have for this is we had a baby last year and have been so occupied with him, we also had to move into a new place as the landlady sold the house from under us too, so 2008 was VERY hectic. Also my father had lung cancer and is only just recovering after 2 serious surgeries. I couldn't afford to fly back and see him so that was on my mind too.

I want to obviously get this cleared up, but have a few problems. First off, financially - right now, we can't do it. The economy is so bad that now my hours have been cut to 3 1/2 days a week. The only job my wife could find was a part time job at 2 days a week. We are living paycheck to paycheck and don't just have to $500 laying around.

Also I am worried that because it's been so long, they may frown upon this application and maybe take action against me - and I obviously do not want to leave my wife and child!

Has anyone else had this happen? And is there some kind of payment plan that we can set up fo the fee's?

Thanks in advance.

Kelvin there is no need to worry. All is not lost. Since you have been late make sure there is no important correspondence from the CIS at your old address. I would submit a change of address right away. About the late filing; you have to do it as soon as possible. An explanation is a must along with some supporting evidence. Going to a lawyer would be the best, but I don't think the lawyer will do anything more than modifying your explanation to something that the CIS likes to read. I have read that CIS does waiver fees in some cases. More like on a case by case basis depending on the situation. Link below:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Hope this helps

[3600rs 24]

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

Yes, will do that. Only option really. I have some evidence of the financal situation not being too healthy. I can't believe we didnt get any notification though, we would have acted a lot sooner. I know I should be on top of these things but I've had so much going on lately.

USCIS only recently started notifying people to do their ROC. They weren't doing so ever before, august included. I filed in december and havent gotten any notification either. This is a very serious situation, however since you have a child I would think it's unlikely they would deport you, but take care of it asap.

yes there have been a few cases where the CIS have notified people about their ROC. But the system is still vague at the moment since not all have been notified. Its a recent development and will take time to mature.