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removing condition i 751 (days before expiration)

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Hello and happy new year to everyone.  I did not file the i751 90days prior to my husband's green card from expiring. I'm actually filing out the form just two days before it expires and I also plan to waive the filling fee due to financial difficulties from job loss.

My husband (permanent resident) has a good job and our marriage is working in good faith, my question: are there serious consequences of filling the i751 late?

 

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I don't know for sure if there are in consequences to the last minute filing, aside from a period of time when he would have only the expired GC and not have received the extension letter yet.  I imagine that is mostly a problem if he needs to travel outside of the country.  I can tell you however, having just requested a fee waiver when we filed my husband's i-751, that it seems that requesting the fee waiver slows the process of getting that letter down quite a bit.  We had to wait about 29 days to get the extension letter, while it seemed like folks who were filing without requesting the waiver were getting theirs in less than 10 days.  I imagine it takes them time review the evidence in the request for the waiver and decide whether or not to grant it.

 

I have heard that if they deny your request for the fee waiver you can use the denial notice to show that you submitted the i-751 before the deadline.  I haven't had an official person tell me that, but have seen here on VJ that others have been told that.

 

Good luck!

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You need to get that I-751 in ASAP or you're going to be dealing with some serious issues and risk deportation orders.

 

I would recommend searching this website and Google for terms like "I-751 filed late" to get an idea of what you may need to do to minimize the risk of problems.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

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They should RECEIVE the I-751 before the green card expires.  Hopefully post-dated may help you.  But it may not.  You had quite some time to send this in so there's really no excuse for being late.  It may go to immigration court where he has to explain why the ROC was filed late! 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Another issue you are looking at is.. if you don't have the extension letter. Is your husband even able to continue working once his green card expires. You won't receive the extension letter in time.

 

Maybe someone with more knowledge can confirm or deny.

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7 minutes ago, Trymester3 said:

As long as you send in the I-751 packet

7-10 days before the Green Card expires they should get it, right?

OP stated that they were sending it 2 days prior to expiring... This is a risk as it may not even make it there on time. Even on a guaranteed 3 day delivery, mine arrived 10 days later......


heart.gif Every love story is beautiful, but ours is my favorite heart.gif

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4 hours ago, lmihler said:

Another issue you are looking at is.. if you don't have the extension letter. Is your husband even able to continue working once his green card expires. You won't receive the extension letter in time.

 

Maybe someone with more knowledge can confirm or deny.

 You're still an lpr and can work.  You're an lpr until you go through immigration proceedings and are deported. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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8 hours ago, QueenComley said:

OP stated that they were sending it 2 days prior to expiring... This is a risk as it may not even make it there on time. Even on a guaranteed 3 day delivery, mine arrived 10 days later......

That's horrible that it would arrive 10 days later after a 3-day "guaranteed" delivery. Hopefully everything worked out fine for you, and it works out fine for the OP too, even though they did wait until super late to send it out.

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Mine arrived in 2 days with certified shipping via USPS, Ohio to California. It is doable but in no way guaranteed even if you buy a "guaranteed" service.

 

As for employment, once they verify your eligibility to work (usually at the beginning of your employment), they can't ask you to re-verify. I've see that issue talked about here before when people's cards expired and their jobs tried getting rid of them because all they had was their extension letter. If anyone's employer starts doing that then I believe the I-9 states they cannot do this. Just direct their attention to it.

 

If I remember correctly, my employer didn't even want to see my Green Card. They just took my SSN and driver's license.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

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My employer asked me to submit a new card since mine was expired, not be re-verified.   


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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