We sent our joint i-751 a week late. At first It was sent within the 90 days window but my packet was returned of missing check.

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We sent the packet back with required check and writing a letter of explanation that I had submitted the check to my attorney and it was delivered there on 89th day to USCIS, we also sent the proof that it was delivered on time the first time. We sent the copy of the check which was supposed to be with the application, delivery confirmation, receipts, the docs. sent by USCIS etc.

We have all other necessary proofs included to prove bonafide marriage.

What are the chances my ROC will be denied on the base that the proper filing was sent one week late. I am worried that I might get denied because I failed to properly file within the 90 days window.

P.S it was filed by an immigration attorney. He claims he stapled the check with the application form.

what should I do in case my packet gets denied? Don't they will give a leeway since it was there on time the first time and I sent the packet back the very next day I received. It was delivered the second time exactly a week from my conditional greencard expiration date.

Any one with similar experience? suggestions will be helpful

[Hypnos 6,576]

It's possible they will reject the application due to it not being filed on a timely basis.

In that circumstance you may need to begin the process over and apply for a green card all over again. This is one of the reasons why it's a bad idea to leave RoC until the last minute, in case problems exactly like this occur.

[zkt101 38]

You should be OK because you did send the first package on time, and it was just an accident that there was a problem with a check. Just write a letter with your new prepared package to explain the incident, and everything will be fine. No worry!

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anyone else with any info ?

[Hypnos 6,576]

You can read the USCIS policy memo outlining their position on late I-751 filings here: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/I-751-LateFiling-PM.pdf

Edited March 14, 2014 by Hypnos

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thanks,,,,I am really worried about this issue. I am thinking to go a psychiatrist since this is all in my mind all the time. I have mild OCD. Every morning I wake up first thing comes in my mind is it's gonna get denied and i think about it all day and I have started seeing in my dreams also. I am worried it's going to be denied. People at work has started to ask if Im ok. I pretend i m ok. My wife is very stressed too.

We should had filed on time but we had financial issue and later too much work and we got behind. But it made it to USCIS on 89th day but was returned due to missing check which was filed by an immigration attorney.

Is it going to psychiatrist help if our i-751 gets denied or returned and we can send it back putting the Dr. note about stress its causing for me and my wife and other proof of financial problem? will that be a reason for them to accept our filing and process it further like regular filing?

any experience or advice?

[QueenComley 295]

thanks,,,,I am really worried about this issue. I am thinking to go a psychiatrist since this is all in my mind all the time. I have mild OCD. Every morning I wake up first thing comes in my mind is it's gonna get denied and i think about it all day and I have started seeing in my dreams also. I am worried it's going to be denied. People at work has started to ask if Im ok. I pretend i m ok. My wife is very stressed too.

We should had filed on time but we had financial issue and later too much work and we got behind. But it made it to USCIS on 89th day but was returned due to missing check which was filed by an immigration attorney.

Is it going to psychiatrist help if our i-751 gets denied or returned and we can send it back putting the Dr. note about stress its causing for me and my wife and other proof of financial problem? will that be a reason for them to accept our filing and process it further like regular filing?

any experience or advice?

I am so very sorry to hear this.

I too suffer enormously from severe anxiety and OCD. I was however, very lucky to find an immigration attorney who has to be the very best out there. One of the reasons we decided to opt for an attorney through every step of the process was as a stress eliminator for me.

My attorney did say to get ahead of the game we will be having a meeting together 5 months prior to my 2 year green card expiring so we can ensure EVERYTHING is in order ready to file for the removal of conditions 90 days prior to it expiring.

Even after a successful AOS interview and receiving my green-card a week later, I found myself having a panic attack just days afterwards... Why? No idea.... I wish I knew. I have tried CBT, medication, breathing and exercise techniques... nothing makes it truly go away, which is why my heart goes out to you. Unless someone understands the feeling of severe anxiety no-one can really fully grasp it.

I cant advise you on whether going to a psychiatrist will help your situation with it not being filed in time, Im sure some VJ members may have some experience who may be able to guide you.

But you are in my thoughts and I hope everything works out ok for you.

[Laure&Colin 558]

According to the link provided by Hypnos, you will NOT be flat out denied, since you provided a reasonable explanation for the late filing, together with corroborating evidence.

For your anxiety issues, I strongly recommend reading books by Dr David Burns, a psychiatrist specialized in cognitive therapy. I have read Feeling Good which focuses more on depression but gives tools that are very useful for anxiety control, and it helped me immensely when I suffered from panic attacks and generalized anxiety after moving to the US. There's also a more recent one titled When Panic Attacks which is next on my list. It's all very rational, no non-sense information, tools and strategies to change your thought patterns. I really wish I had heard about these books and cognitive therapy earlier, and I can't recommend it enough!

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thanks for the info guys..will check out those books...hopefully our packet wont get returned or gets denied.

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I am surprised no one really has much experience or idea on this.it's kinda sad.....I am sure I am not the only person who had filed late...

[DC85 113]

I am surprised no one really has much experience or idea on this.it's kinda sad.....I am sure I am not the only person who had filed late...

plenty of people filed late with no problem. My own opinion, most of the time uscis accept late filling with explanation letter. if you search the forum your will find plenty of threads.

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just an update..i received my 1 yr extension today. So lets see how it goes in near future..

[QueenComley 295]

just an update..i received my 1 yr extension today. So lets see how it goes in near future..

Good Luck

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thank you

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update for other readers: I received my Biometrics appointment. so so far so good. Not sure it's kinda automated service until biometrics appointment letter or as an courtesy of accepting the money.

And NOW the packet will go to the officer to decide to accept/reject the packet considering it was late by an week.

I guess we have to wait and see how it goes.