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Posted

Just hoping somebody can ease my mind here are the facts any any information would be greatly greatly appreciated.

1. We were married 4/23/2011

2. Today I received a letter from immigration stating that their records she that entered in the US as a conditional permanent resident on 9/1/2011 ......which isn't true, my husband arrived 2/17/2011 (not sure what that date is all about). I failed to remember to file this I-751 due to stress on the job and going back to school, lot on my plate, and just DUMB, take full responsibility.

3. I do not even know what the expiration date is or where to find it? Haven't been home yet to look at his actual green card. I'm still at work.

4. It says failure to do so may result in the automatic termination of your status. ARE WE SCREWED?

OR do I just compile everything and send it off like normal?

5. The instructions say that "failure to file through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable".......again I don't even know the expiration date? Is it our anniversary?

Do I write a letter just saying I was dumb and forgot? For some reason I thought I would get a notice like all the other documentations in the past????...............it is our fault and that fault is nothing more than stupidity and failure to look it up........advice?????

6. We have joint bank accounts for savings and checking, we filed our taxes together, we had two wedding ceremonies (one in us and one in Jamaica). Should I include wedding info again?

7. The biggest question I guess is where do I find the expired date? And what to include in my written statement.

THANKS TO ANYONE WHO HAS ADVICE FOR US

Filed: Citizen (apr) Country: Sweden
Timeline
Posted

The date is on the greencard, and it is the date he entered the country. Now if they have the wrong date on file you might wanna check the date on the card...

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted (edited)

The date is on the visa/date of entry and greencard. You were supposed to file within the 90 days prior, not wait until it expired. If your husband actually entered around Feb 17, 2011 his expiration date would be 2 years later (assuming CR1... 2 years from greencard issued if fiance visa). So technically you should have filed between Nov. 17th 2012 and Feb 16, 2013. You are three months late by your calculations.

If you were married after he arrived - when was the greencard issued?

Forgetting to file even due to stress is not going to be a valid reason beyond your control, no doubt this will be a problem for you. Do not just throw it all together and submit it as your husband now has an issue and as his status may have expired depending on the date on the green card. You do not need to send them further wedding proof. What you may want to do is consult a lawyer if the time has in fact passed. We had someone in our family removed from the country in the past due to this same issue. Take it seriously.

I wish you the best of luck for a good outcome!

Edited by MedRoni
Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

did your husband come in as K1(fiance visa and them marriage) or Cr1? look up his card and share the date you see there.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Filed: Citizen (apr) Country: Slovenia
Timeline
Posted

It seems that he entered the US on K-1 on 2/17/2011, you got married on 4/23/2011 and applied for AOS which was approved on 9/1/2011 (check his Green Card). Is that correct? If yes, then you can relax, you are not late. The letter that you received is just a generic reminder letter that most people receive to remind them to file for ROC. If he did become LPR on 9/1/2011 then he can file as soon as 6/3/2013 and no later than 9/1/2013.

My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

Naturalization: March 2014 - August 2014

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted (edited)

It seems that he entered the US on K-1 on 2/17/2011, you got married on 4/23/2011 and applied for AOS which was approved on 9/1/2011 (check his Green Card). Is that correct? If yes, then you can relax, you are not late. The letter that you received is just a generic reminder letter that most people receive to remind them to file for ROC. If he did become LPR on 9/1/2011 then he can file as soon as 6/3/2013 and no later than 9/1/2013.

And if this is correct, go now and set up reminders in every calendar you have, electronic or otherwise so you do not run into an issue of forgetting to file June 3rd- July 31st!! goofy.gif

Edited by MedRoni
Posted

The date is on the visa/date of entry and greencard. You were supposed to file within the 90 days prior, not wait until it expired. If your husband actually entered around Feb 17, 2011 his expiration date would be 2 years later (assuming CR1... 2 years from greencard issued if fiance visa). So technically you should have filed between Nov. 17th 2012 and Feb 16, 2013. You are three months late by your calculations.

If you were married after he arrived - when was the greencard issued?

Forgetting to file even due to stress is not going to be a valid reason beyond your control, no doubt this will be a problem for you. Do not just throw it all together and submit it as your husband now has an issue and as his status may have expired depending on the date on the green card. You do not need to send them further wedding proof. What you may want to do is consult a lawyer if the time has in fact passed. We had someone in our family removed from the country in the past due to this same issue. Take it seriously.

I wish you the best of luck for a good outcome!

I now at least understand the date from the letter.....it says 9/1/2011 and his green card says it expired 9/1/13

resident since 9/1/11.

I viewed the letter as he arrived in the US as 9/1/11 but I guess it meant the resident since 9/1/11

Someone else said it is a generic letter as a reminder but online it said no reminders would be sent.

He came on a k-1 fiance visa on 2/17/11, we were married 4/23/11

On the green card it says category CF1

.....now what is your expertise?????

Thanks!!!!

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted

I now at least understand the date from the letter.....it says 9/1/2011 and his green card says it expired 9/1/13

resident since 9/1/11.

I viewed the letter as he arrived in the US as 9/1/11 but I guess it meant the resident since 9/1/11

Someone else said it is a generic letter as a reminder but online it said no reminders would be sent.

He came on a k-1 fiance visa on 2/17/11, we were married 4/23/11

On the green card it says category CF1

.....now what is your expertise?????

Thanks!!!!

Since the date on the green card has an expiration date of 9/1/13, you are still in a great position!

No further worries for you. The CF1 is for people who adjusted status from a K-1 visa. You will need to file for ROC within the 90 days prior to the expiration date. So after June 3rd, but by the date of 9/1. Make sure to note these dates somewhere so you will not forget it when you get busy again. Another thought would be to start researching on what you need and gathering things now if you have not already to help keep it in the forefront of your mind, as well as give you a head start so you are not overwhelmed at the time.

Just a few thoughts. And YEAH!!!!! Whew!

Best of luck when the time comes!

Posted

The date is on the visa/date of entry and greencard. You were supposed to file within the 90 days prior, not wait until it expired. If your husband actually entered around Feb 17, 2011 his expiration date would be 2 years later (assuming CR1... 2 years from greencard issued if fiance visa). So technically you should have filed between Nov. 17th 2012 and Feb 16, 2013. You are three months late by your calculations.

If you were married after he arrived - when was the greencard issued?

Forgetting to file even due to stress is not going to be a valid reason beyond your control, no doubt this will be a problem for you. Do not just throw it all together and submit it as your husband now has an issue and as his status may have expired depending on the date on the green card. You do not need to send them further wedding proof. What you may want to do is consult a lawyer if the time has in fact passed. We had someone in our family removed from the country in the past due to this same issue. Take it seriously.

I wish you the best of luck for a good outcome!

How easy was it to bring your family member back? :(

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted

He never made it back to date. It is a very serious thing to miss this part of the immigration process. It is like starting over.

I have ours flagged and tagged in every place I could think of, along with making my dad set reminders too! :)

Posted

He never made it back to date. It is a very serious thing to miss this part of the immigration process. It is like starting over.

I have ours flagged and tagged in every place I could think of, along with making my dad set reminders too! smile.png

OH wow that sucks......I just sent you another message about the actual date on the card.

THANKS SO MUCH FOR YOUR GOOD ADVICE.

And sorry that I'm bugging you so late.......

the date is 9/1/11

You suggest I still advice a lawyer?

Posted

did your husband come in as K1(fiance visa and them marriage) or Cr1? look up his card and share the date you see there.

He came on a K-1 fiance visa

landed here on 2/17/11

we were married on 4/23/11

and then got his green card on 9/1/11 and it says expires on 9/1/13

Also says category CF1 on the card

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted

​The issue date was 9/1/11 - correct? With an expiration date of 9/1/13.... if this is correct then - Nope!

I don't think you need a lawyer at all since you have not missed your dates at all. Not unless you have some other odd flag we don't know about.

Posted

Since the date on the green card has an expiration date of 9/1/13, you are still in a great position!

No further worries for you. The CF1 is for people who adjusted status from a K-1 visa. You will need to file for ROC within the 90 days prior to the expiration date. So after June 3rd, but by the date of 9/1. Make sure to note these dates somewhere so you will not forget it when you get busy again. Another thought would be to start researching on what you need and gathering things now if you have not already to help keep it in the forefront of your mind, as well as give you a head start so you are not overwhelmed at the time.

Just a few thoughts. And YEAH!!!!! Whew!

Best of luck when the time comes!

YEAH!!!!!

THANKS for your knowledge :)

I will put these dates EVERYWHERE and I almost have it all ready to go anyway. Did it in about two hours.

a very big big thanks to you though.

glad this site came highly recommended

 
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