Filing too late?

[Great_Dane 1]

Hi. My GC expires 09/05/15 and we are just filing the I-751 now due to not having been able to afford it earlier, we had some expensive car repairs that got in the way. But I've read a lot of places that filing this late in the 90 window could damage my chances of removing the conditions on my GC, is that true? Should we include a note explaining why we are filing this late, or would that be a bad idea? I'd also like to hear from anyone who may have filed this late and had good experiences.. just kinda worried now!

[TBoneTX 43,065]

Banish all worries -- you're fine in every way, in regard to the timing, if you're filing now.

[Caramel Swirl 54]

No need to worry, you are within the 90 days period. However, get it in ASAP as you are on the back end of the 90 days and you don't want to run into the delay in getting the NOA with your one year extension before your card expires on 9/5 if you want to travel/job. Letter of explanation is also not needed.

Edited August 24, 2015 by Caramel Swirl

[Great_Dane 1]

Thanks for the responses so far. I guess I am a little worried now. I currently attend University, what happens if I don't get the NOA in time before my GC expires? Will I be breaking the law?

[aurpol 17]

I filed mine 3 days before my GC expired and got approved 99 days after. You will be fine as long as you can provide the proofs they require.

[oceanborn 33]

Thanks for the responses so far. I guess I am a little worried now. I currently attend University, what happens if I don't get the NOA in time before my GC expires? Will I be breaking the law?

The date you receive your NOA is not the issue here. So long as they receive your application prior to the 90 day window expiring (a la, the expiry date on your Green Card) you will be just fine. Your NOA will act as your extension, and you'll be welcomed with open arms into the "Hurry up and wait" club here on VJ

[Great_Dane 1]

Hi. Thanks again for all the responses. I called USCIS who couldn't tell me much and I'm waiting to hear back from my school. I know the NOA/receipt is what matters but I guess I am just worried I wont get the NOA before my GC expires. Wouldn't I be violating the law by being enrolled after GC expires but before receiving NOA? I guess that's my dilemma right now. I wish I had thought of this earlier, car repairs might not have seemed as urgent as they did at the time.

[Great_Dane 1]

I know that lawyers aren't in great reputation here but I contacted a lawyer for a free consultation over the phone. He told me that as long as we file the I-751 before my current GC expires, then I am here legally as authorized by the attorney general and can continue school and even work since the receipt is just a formality to acknowledge the extension. Can anyone confirm any of this information? I have a hard time finding anything online relating to my dillemma.

[sanyata 16]

You have 9 or 10 days. Get the filing off in the mail now and you'll probably have the NOA before the 5th. Don't over think this and don't over worry it. You're fine as long as you get the filing off. Relax, the lawyer gave you sound advice.

[TBoneTX 43,065]

If it makes you feel better, carry around a copy of your ROC cover-letter until the notice of receipt arrives.

[NikLR 13,220]

No you aren't breaking the law by staying here or attending school even if your NOA1 hasnt arrived yet. Until such a time as it is denied and you are in deportation proceedings, you have legal prescence and are a green card holder.

Also please note you are not filing late unless they recieve the package after your card expires.

[joonphon 7]

My husband's 2 year green card expired on the 8th of August, and I mailed in the packet on August 6th. Just received NOA. So, you guys will be fine.

[AmAjjD 33]

Can you afford to overnight the mailing packet? That won't do much but it might help you get the NOA faster, worked for us for our AOS