I-751 Late-filing emergency

[newyork37 0]

Hi,

The posts that I've read so far has really given me a heads-up, and just wished that I came across it many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)

Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge problem / emergency / challenge.

Here are the most worrisome facts that we're faced with:

• Her conditional PR card has been expired for 6 months
  
• We've never made her a SS#
  
• No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• Her checking/saving account and mine are to the same address
  
• We have paid for each other's expenses each other's debit cards
  
• Have trustworthy colleagues & clients who can sign affidavits
  
• Have plenty of photographs, videos, and other personal items
  
• Have hired a CPA to help us file the tax returns, which will be filed jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order?

I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera!

Would most welcome any advise or comments -- thank you in advance...

- worried in NYC

[Yodrak 7]

newyork37,

I'd see an immigration attorney. You're going to have to grovel before the USCIS, and an attorney can help you do that convincingly.

Whether you can be convincing enough will depend on the specific facts of your case and how you present those facts.

Yodrak

Hi,

The posts that I've read so far has really given me a heads-up, and just wished that I came across it many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)

Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge problem / emergency / challenge.

Here are the most worrisome facts that we're faced with:

• Her conditional PR card has been expired for 6 months
  
• We've never made her a SS#
  
• No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• Her checking/saving account and mine are to the same address
  
• We have paid for each other's expenses each other's debit cards
  
• Have trustworthy colleagues & clients who can sign affidavits
  
• Have plenty of photographs, videos, and other personal items
  
• Have hired a CPA to help us file the tax returns, which will be filed jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order?

I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera!

Would most welcome any advise or comments -- thank you in advance...

- worried in NYC

[rebeccajo 14]

Is there some reason you decided to start a second thread with the exact same opening post?

[Isla 0]

Why did you not file?

[alohaspirit 0]

Hi,

The posts that I've read so far has really given me a heads-up, and just wished that I came across it many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)

Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge problem / emergency / challenge.

Here are the most worrisome facts that we're faced with:

• Her conditional PR card has been expired for 6 months
  
• We've never made her a SS#
  
• No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• Her checking/saving account and mine are to the same address
  
• We have paid for each other's expenses each other's debit cards
  
• Have trustworthy colleagues & clients who can sign affidavits
  
• Have plenty of photographs, videos, and other personal items
  
• Have hired a CPA to help us file the tax returns, which will be filed jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order?

I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera!

Would most welcome any advise or comments -- thank you in advance...

- worried in NYC

Geez, you don't need a CPA to file your tax returns, but you need a little common sense to apply for an ITIN for your wife (since she is not now eligible to apply for her SSN without a valid Green Card).

Lots of people are late filing the I-751 package, but you have a few other problems to complicate things.

You need to file the I-751, with some evidence of cohabitation and commingling of assets, IMMEDIATELY. You can then wait for whatever demands USCIS makes of you.

You guys may have to do the Adjustment of Status over, but maybe not.