urgent help needed - i751 returned

[NikkisPrecious 0]

Were you on the same bank account?

only for credit cards

[NikkisPrecious 0]

What do you mean your card expires soon? It is expired.

You do realize you're eligible to apply any time 90 days prior to the expiration of your card? You card already expired 2 weeks ago. You will need some serious justification for that.

Sorry your right yes it has expired however i filled before it had expired and i read here in the guides you can file after the expiration date, also on my return letter from them they did not tick the box that said i was out of the time frame. So its not the time thing i'm too worried about.

[elguevon 16]

I am filing this I-751 form to remove the conditions of my permanent residency, my spouse has been unwilling to file the petition together and refused to give me notice of when I needed to file the I-751, the expiration date on my card is 01/21/2010.

If what you typed in your letter is correct, then your conditional permanent resident card has expired (01/21/2010) AND you are currently outside of the US. Is that the case?

Edited February 4, 2010 by elguevon

[NikkisPrecious 0]

If what you typed in your letter is correct, then your conditional permanent resident card has expired (01/21/2010) AND you are currently outside of the US. Is that the case?

yes, but i filled before it had expired.

Edited February 4, 2010 by NikkisPrecious

[EstebanTrabajos 7]

Oh oh that's right

you cannot come back to the US because your card has expired and you don't have a Notice of action showing you have applied for ROC, unless they allow you to come back by using the letter of response that states that you sent the incorrect amount and you can explain them your situation.

[NikkisPrecious 0]

Oh oh that's right

you cannot come back to the US because your card has expired and you don't have a Notice of action showing you have applied for ROC, unless they allow you to come back by using the letter of response that states that you sent the incorrect amount and you can explain them your situation.

yep, but as asked in my letter they have been sending the letters here to the uk, so they understand some what i believe

[tom&tata 2]

only for credit cards

no joint health insurance or car insurance listing both of you as the insured?

[EstebanTrabajos 7]

good that's settled then,

Well, there you have it. Gather as much evidence as possible, when you come back to the states, which you have to ASAP if you don't want to lose your residence, schedule an appointment with USCIS and from what they tell start preparing your case.

Edited February 4, 2010 by TävôLuDô

[Anh map 2,098]

I suggest that you consult a qualified US immigration attorney to discuss your situation in full.

[tom&tata 2]

good that's settled then,

Well, there you have it. Gather as much evidence as possible, when you come back to the states, which you have to ASAP if you don't want to lose your residence, schedule an appointment with USCIS and from what they tell start preparing your case.

Is the OP going to be allowed back in US with the card expired & she does not have NOA-1?

Edited February 4, 2010 by tom&tata

[elguevon 16]

Is she going to be allowed back in US with the card expired & she does not have NOA-1?

No. She will have an issue even getting on the plane. Airlines WILL NOT take an expired Permanent Resident Card without documentation extending the expiration (i.e. NOA). She needs to either get an NOA-1 FIRST or make an appointment with her local embassy to explain the situation as see what can be done.

[EstebanTrabajos 7]

she has a NOA that USCIS sent her to the UK explaining a problem with her application and they did not check the box where it says that she was out of status meaning that by filing before the expiration date on her card she her status is still legal.

Please follow up what the OP has stated to avoid confusion

[Lona.C. 16]

in your letter you said your wife did not let you know when you was supose to file for ROC ,

this was not your wifes obligation it was yours to remember the timeframe to file you carry the GC not your wife ,

so you cant blame your wife for that .

why would you even travel knowing you will get a RFE by not sending the correct amount and filling without spouses signature, knowing your marriage is at limbo ? you should have stayed and sorted things with your wife ,

but anyhow whats done is done i would seak advice from a lawyer speacialy since you got no NOA

[rika60607 215]

To the OP -

your conditional GC is expired and though you tried to file on time, you did so incorrectly (no fee included). That's not the end - you just have to resubmit your I751 (Removal of Conditions = ROC) petition.

You can not go back to the US right now (no valid GC). However, if you file I751 with the fee and USCIS takes that fee, they will mail you a NOA1 notice = receipt, which will extend your condotional GC for 1 year past the expiration date.

You need to mail them:

1. I-751 form, signed, with waiver request based on grounds of divorce (I know, you did not file for divorce yet).

2. Check.

3. Letter of explanation of late filing, explanation of failing relationship and explanation of scare evidence - just re-work you previous letter.

Evidence:

4. Copy, front and back of your expired GC.

5. Do you have your US driver's license? Send a copy of that.

6. Affidavits from family and friends who knew both of you and about your relationship. Better if these family and friends are US citizens.

7. Photos together.

8. Did you take and trips together? Print out itineraries and reservations.

9. Did you communicate by e-mail, chat since your marriage? Print out those.

10. Get an online account for the credit card and print out statements, or call the credit card company and request a letter stating you were and authorized user on the account.

11. Cal IRS and request copies of your income tax returns for 2008. They may be able to fax it to you. I assume you filed as married?

12. Did you work in the US? Do you have any paystubs showing your joint address? Did you have your wife listed as emergency contact or have her on your medical insurance, or as beneficiary for your life insurance/retirement plan? Call Human Resources at your previous work, they may be able to write you a letter.

There is a grace period of about 30-60 days where your late filing will be accepted if you provide a compelling excuse. Your relationship is on the rocks and you have no access to your joint residence. That's a good excuse. So send them what you can, and while they are working on it, collect more evidence. Once you are back in the US, it will be easier to get copies of utility bills and such. You do have a chance for successful ROC, but nobody can tell you in advance if it will work.

Once you receive NOA1, you will have to go back to the US for biometrics.

The last, but not the least - I do not know if USCIS will mail ANYTHING to you to your address in UK. You may want to change your address to some friend's address in the US and have them receive all the correspondence for you. Be careful what you tell USCIS about your current living arrangements. They may decide that you already abandoned your US residency based on the fact that you moved back to UK (how long ago?) and you do not have your belongings in your US residence with your wife.

Oh yes, and if you want to keep that GC, you have to divorce or reconciliate with your wife. Separation will get you deported.

(But, as a UK citizen, you can always enjoy VWP visits, although of course, your wife may get full custody of the kids and refuse to let you see them - they are not biologically yours and you did not adopt them).

:star: :star:

[EstebanTrabajos 7]

in your letter you said your wife did not let you know when you was supose to file for ROC ,

this was not your wifes obligation it was yours to remember the timeframe to file you carry the GC not your wife ,

so you cant blame your wife for that .

why would you even travel knowing you will get a RFE by not sending the correct amount and filling without spouses signature, knowing your marriage is at limbo ? you should have stayed and sorted things with your wife ,

but anyhow whats done is done i would seak advice from a lawyer speacialy since you got no NOA

he is asking for advice not to be judged, we are here to inform and advice our fellow members not to start questioning them, we are not USCIS last time i checked. I don't see the point on reprimanding a member...

Edited February 4, 2010 by TävôLuDô