What happens if I miss the deadline to ROC?

[bealugoccs 0]

My husband's 2 years gc expires in 8 weeks and due to some financial issues, we haven't been able to file the i751.

What happen if we pass/miss the expiration date? can we still send the petition after that date?

[lost_at_sea 995]

He'll be out of status if you pass the date and have not filed, and they can begin removal proceedings. If you are filing late, you have to provide an explanation as to why you couldn't file sooner.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from us telling you that you have failed to remove the conditions
• You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

[VZLAN-US-Citizen 11]

bealugoccs,

I went through ROC, it is IMPERATIVE that you file within the allotted time... You do not want to delay or jeopardize your process at this point. You have already accomplished a lot.

You can get an advance on your check, or loan, or a loan from a friend, or anything... its only $590!!!

It is very important that you file it within the allotted timeframe. Best of Luck!

[KayDeeCee 4,892]

His permanent residency will end if you do not file before it expires. You still have 8 weeks, so do what you have to and get it filed in time.

Edited October 8, 2015 by KayDeeCee

[Pitaya 2,576]

Welcome to the forum.

From the Form I-751 instructions (emphasis added):

When Should I File Form I-751?

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 day period immediately before your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed from the U.S.

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status. You will then become removable from the United States.

   SPECIAL NOTE: If your failure to file was 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.

REF:http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

I would encourage you to avoid late filing of the ROC petition.