Did not file I751 on time

[Maria In Trouble 0]

07/11 I mistakenly thought I qualified for naturalization and sent my N400 + documentation

07/14 Received date

07/14 Rejection of N400

07/31 Postmarked rejection notice

but

07/25 My Permanent Residency expired

What can I do?

[NArocks 13]

File the I-751 and contact a good immigration attorney in case they reject the filing. Get the I-751 Filed ASAP

[Maria In Trouble 0]

Am in the process of finding an immigration lawyer, but filing the I751 explaining it with the fee is not just delaying an AOS?

[NArocks 13]

Get your proof of bonafides togehter and send it in, Hope for you NOA which extends you GC for a year, even if expired a few others have filed late and gotten there NOA, Good luck

[Inky 1,110]

I would just file it and deal with anything if it comes up like the other person said alot of the other posts that have been made about something like this pretty much everyone says to file ASAP.

[Maria In Trouble 0]

Get your proof of bonafides togehter and send it in, Hope for you NOA which extends you GC for a year, even if expired a few others have filed late and gotten there NOA, Good luck

Sorry for the ignorance, what is NOA?

[NArocks 13]

NOA= Notice of action

[Maria In Trouble 0]

Get your proof of bonafides togehter and send it in, Hope for you NOA which extends you GC for a year, even if expired a few others have filed late and gotten there NOA, Good luck

I've been considering writing a letter to the Director explaining why I am late in filing the I751 with the proof of the N400 application which I had applied for during the time. But I have to include some explanation that would qualify as "extraordinary" to why I am late in filing. Any ideas?

NOA= Notice of action

Thanks embarased to ask, but I happy I did.

[Anh map 2,098]

File it ASAP. There was a post here on VJ recently citing the regs about filing late. I recall it saying that there is a window.

[Maria In Trouble 0]

File it ASAP. There was a post here on VJ recently citing the regs about filing late. I recall it saying that there is a window.

Thank you Anh!

Do you remember the link?

it will make a difference in what I plan to send tomorrow!

[NArocks 13]

twomoles is the memebr

filed late

[Kathryn41 3,205]

Definitely include your letter explaining why your application is late and get the application in asap. It is up to the adjudicator who receives your application to decide whether or not to accept your explanation. There does appear to be a 'grace' period for late filers so hopefully things will be fine. Good luck.

[Immigrant2009 0]

Hi,

Read this thread. If you within 60 days after expiration of 2 Yr GC which seems the case, there's still chance.

Please read this thread.

http://www.visajourney.com/forums/index.php?showtopic=206310

For a complete list of good evidence and documents for I-751 read this:

http://www.visajourney.com/forums/index.php?showtopic=182620

Gather your documents ASAP. Write a cover letter mentioning the cause of delay be apologetic, your reason must be very good.

Also mention the list of the documents in the cover letter. Make copies of documents for yourself (in case they need it again, otherwise you can use it for N400).

Assemble your packet and ponch 2 and use ACCO fasteners to bind them together. You can also use labels like this.

http://www.visajourney.com/forums/index.php?showtopic=205915

Finally I would suggest using USPS Express mail and using of money order as I got NOA faster. It's not a rule of thumb just my experience.

Hope it helps.

Lastly never be late with USCIS doucments and also read them with Eagle Eyes

I-751 should be applied 90 days prior to expiration of 2 Yr temporary GC. N400 eligibility is 90 days prior to 3 year continuous residency

based on marriage. You can apply for N400 either if I-751 is approved and you are in your 3rd Anniversary of GC not marriage

or If I-751 processing takes more than 1 Year and now you are in your 3rd year of residency so e.g resident since 04-01-07

so for N400 window to apply starts 01-01-10.

Anyways,

Let us know how it went. I think you can do it yourself. Like another VJ member did .

Good Luck.

07/11 I mistakenly thought I qualified for naturalization and sent my N400 + documentation

07/14 Received date

07/14 Rejection of N400

07/31 Postmarked rejection notice

but

07/25 My Permanent Residency expired

What can I do?

[Maria In Trouble 0]

I have drafted the following letter that might help someone eventually ... I will send off tomorrow:

08/03/09

District Director

US Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

P.O. Box 200

St. Albans VT

05479-001

I am kindly requesting you exercise favorable discretion in accepting my late I-751, and restore my permanent resident status.

The following are the circumstances that caused me not to file within the 3 months prior to expiration

• I have been married to a United States citizen since 04/18/2006 for more than three years

• I have been a lawful permanent resident since 07/25/2007

When I received my permanent resident card, I was unaware of the requirement to file a joint petition to remove the conditional basis of my permanent resident status with a I-751, nor did I receive a notice as per the Adjudicator's Field Manual as my 90 day period approached.

I applied for naturalization via certified mail on 07/11/09 (attached) with the following:

• Form N-400 Application for Naturalizing (attached)

• Money order fee for $675 (copy attached)

• Supporting documents:

o Copy of Permanent Resident Card

o Copy of Birth Certificate of my spouse and our daughter

o Copy of Marriage License

o Proof of termination (divorce) of all previous marriages

o Joint Tax returns

o Joint Bank Accounts Statements 2006-2009

o Joint Lease documents and receipts 2006-2009[/indent][/indent]

Yesterday I received a rejection notice (dated 07/14/2009, postmarked 07/31/2009) stating that I had filed my application more than 3 months before meeting the residency requirement for the Part 2 Section 319 (a) selected in Form N-400:

• Rejection notice (attached)

I am now attaching the following to this petition in support of evidence of the relationship:

• Joint Auto Insurance

• Joint Health Insurance

• Photos of anniversaries and family trips

• Affidavits sworn to or affirmed by at least two people who have known both of us since our conditional residence was granted, and have personal knowledge of our marriage and relationship.

I apologize for not following the correct process to file a joint petition to remove the conditional basis of my permanent resident status, and am humbly requesting your discretion to approve the attached I-751 petition, and restore my permanent resident status.

Yours truly,

Edited August 4, 2009 by Maria In Trouble

[David & Hristina 2]

I have drafted the following letter that might help someone eventually ... I will send off tomorrow:

08/03/09

District Director

US Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

P.O. Box 200

St. Albans VT

05479-001

I am kindly requesting you exercise favorable discretion in accepting my late I-751, and restore my permanent resident status.

The following are the circumstances that caused me not to file within the 3 months prior to expiration

• I have been married to a United States citizen since 04/18/2006 for more than three years

• I have been a lawful permanent resident since 07/25/2007

When I received my permanent resident card, I was unaware of the requirement to file a joint petition to remove the conditional basis of my permanent resident status with a I-751, nor did I receive a notice as per the Adjudicator's Field Manual as my 90 day period approached.

I applied for naturalization via certified mail on 07/11/09 (attached) with the following:

• Form N-400 Application for Naturalizing (attached)

• Money order fee for $675 (copy attached)

• Supporting documents:

o Copy of Permanent Resident Card

o Copy of Birth Certificate of my spouse and our daughter

o Copy of Marriage License

o Proof of termination (divorce) of all previous marriages

o Joint Tax returns

o Joint Bank Accounts Statements 2006-2009

o Joint Lease documents and receipts 2006-2009[/indent][/indent]

Yesterday I received a rejection notice (dated 07/14/2009, postmarked 07/31/2009) stating that I had filed my application more than 3 months before meeting the residency requirement for the Part 2 Section 319 (a) selected in Form N-400:

• Rejection notice (attached)

I am now attaching the following to this petition in support of evidence of the relationship:

• Joint Auto Insurance

• Joint Health Insurance

• Photos of anniversaries and family trips

• Affidavits sworn to or affirmed by at least two people who have known both of us since our conditional residence was granted, and have personal knowledge of our marriage and relationship.

I apologize for not following the correct process to file a joint petition to remove the conditional basis of my permanent resident status, and am humbly requesting your discretion to approve the attached I-751 petition, and restore my permanent resident status.

Yours truly,

Very Nice Letter:

But, be sure to include a copy of this letter along with your Removal of Condition application!!!!

(You can also include a copy of any proof you sent it to the District Director....but, in my opinion, it will do more good with your I-751 packet!)

Edited August 4, 2009 by David & Hristina