Questions About I-751 filing

[dxbgirl000 0]

Hello VJ!

A couple of questions regarding the I-751. My husband entered the US on a conditional visa on August 15, 2012 and received a 2 yr conditional (spousal) green card.

It expires this year on August 15. I mailed out the I-751 today with all the supporting docs (tax returns records, bank acct records, pictures of us, insurance policy info, bills, affidavits letters, green card and driver's license copies, fee, etc.). Post office said that the Vermont USCIS office will get it by Thursday, May 15. I think May 16th is officially exactly 90 days before the expiration on my husband's green card...so first question, they'll accept it even thought it's a day early, right? I know they say not to send it too early, but I'm hoping 1 day isn't a problem! Can any of you confirm this for me please?

Also, when he moved to the U.S. we initially lived with my parents for about 6 months, so any of his immigration mail arrives at their address. We've moved since then, and I haven't notified USCIS about our address change, but obviously included our new/current address on the I-751 forms. Do I need to take any sort of action on this?

Last question, what should we expect after this? Do we get a letter in the mail notifying approval of our documents, then the biometrics appointment, followed by the actual green card? How long does the whole process take? And the new green card he will receive will be a 1 yr valid card, and then he has to renew again next year for a 10 yr card or apply for citizenship..is all that correct?

Sorry for all the questions..we don't have a lawyer doing all this and we're doing it all on our own..so I just want to make sure we have everything right!! Thanks for all your help!!

[David & Diana R 1,005]

Wrong. 1 Day matters. You should not have sent it before the 90 day window opened up. They will accept delivery of the envelope and once they get around to opening it they will pack it back up and send it back to you eventually. This will needlessly tie up your ROC. Sorry to say but I think you jumped the gun by just 4 or 5 days. But lets see, hopefully I am wrong or if you are really lucky the Post Office screws up and loses the package and it gets delivered after the 15th.

Edited May 12, 2014 by David & Zoila

[Jiu 3]

If is still in transit I would contact USPS and try to request a stop on the delivery and return back to sender.

I am not sure if USPS is able to stop a shipment, but it is worth a try they might be able to since it is schedule for delivery only on Thursday.

[Neela & Jitu 79]

There is a user here in VJ in I-751 April filler 2014, who filled 3 weeks earlier and still VSC accepted his case. But if you are really lucky they may accept your petition. Good Luck

[huy_le 32]

As people before me have said, you are at the risk of them rejecting your application. I have also known horrible cases which USCIS rejected the application and cashed the check. You would then have to go through a very long and tough struggle with USCIS to get that money refunded, if that is possible for a refund. Long story short, if you are short on money, it will set you back $700 for an extend period of time.

For the process, once they accept your application they will mail you NOA1 which will extend your husband's conditional residence status for another year. The time it takes to process varies greatly from 3 months to well over 1 year. VSC is famously known for being extremely slower than CSC so add it to that. For the change of address, you will have to notify USCIS since you have already included the new address. You are likely to receive an RFE but that is still better than being deemed dishonest by USCIS. They could turn your life into hell.

After your husband got approved for 10-yr GC, he will be able to apply for citizenship on May 15, 2015. I suggest you apply for citizenship because it will permanently remove any risk of his status revoked by USCIS. I'm not talking about crimes, but you never know the laws, can be a handful sometimes.

[tuckin14 58]

To answer "What to expect."

You will get a receipt, which will extend the green card for one year. Shortly thereafter you will get a biometrics appointment. Then you wait.

Approvals seem to start trickling out about four months after application. At some point you will either get a letter saying "Your Green Card is in production" (YAY!) or a Request for Evidence or notice of interview (BOO!).

You can follow the May 2014 filers thread in this forum, where people will report their progress.

The receipt letter will amount to a one-year green card. Keep it; it could be important. Assuming he is approved, he will get a ten-year green card. Assuming you are still married and living together, he can apply for citizenship after three years as a permanent resident and having spend 1 1/2 years physically in the USA.