submiting application after GC is expirted

[Rainbow007 0]

Hi,

what happens if, for some reason, the application couldn't be sent before the expiration of conditional green card? is that something that I absolutely want to avoid if I can?

Thanks,

[DanielParul 50]

As far as I know, you need to apply before the expiry of your GC.

[v333k 59]

Hi,

what happens if, for some reason, the application couldn't be sent before the expiration of conditional green card? is that something that I absolutely want to avoid if I can?

Thanks,

You should avoid sending it late... USCIS can easily assume you have abandoned and you have to jump through hoops to get your GC back on track..

[Yurika & Jim 77]

At first, you would be better off avoiding to file late definitely. A rule is a rule. But actually, some people filed little bit late and was accepted.

Here is the example answer to question about filing late by Kathryn41.

To bring some sort of balance to this discussion, there were two members of VJ who missed their deadline dates while I was going through the ROC process as well. They included a letter to USCIS apologizing for the delay and requesting consideration. Both of them were accepted and eventually approved for Removal of Conditions. In the USCIS Field Manual there is a section that discusses late filings for ROC. It basically states that it is up to the adjudicator's discretion whether they will accept a late filing or not, but generally they allow a 60 day 'grace' period in which to receive late filings, so I will just say get the application in ASAP, make sure you apologize for the late filing and ask them to look with favour upon your request to consider your application even though it is a week late. Good luck

http://www.uscis.gov...8ce159d286150e2

25.1 Immigration Marriage Fraud Amendments of 1986

References: Section 216 of the Act 8 CFR 216 . . .

(F ) Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 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 within the required time period.

and

3. (D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751. If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.

[Brother Hesekiel 2,235]

Yes.

[w8inglongtime 29]

Yes.

Just Bob. Too funny with the one word answer.