Late filing help?

[geowrian 22,335]

I think an RFE and interview is more likely than an outright denial as well. There's little to no chance of approval here without an RFE and/or interview, but I haven't seen an outright denial based on lack of evidence for an I-751 in recent history.

I'm not suggesting it is wise to only send the bare minimum required documents, but it's not a game over situation either.

[Tanish 197]

57 minutes ago, geowrian said:

I think an RFE and interview is more likely than an outright denial as well. There's little to no chance of approval here without an RFE and/or interview, but I haven't seen an outright denial based on lack of evidence for an I-751 in recent history.

I'm not suggesting it is wise to only send the bare minimum required documents, but it's not a game over situation either.

Is this also considering that the filing was about 4 months late and the only reason given was in the lines of I forgot about it?

 

I am just trying to figure out, because I believe one of the people who I used to work with might also have missed the deadline for filing ROC

Edited July 3, 2019 by Tanish

[geowrian 22,335]

16 minutes ago, Tanish said:

Is this also considering that the filing was about 4 months late and the only reason given was in the lines of I forgot about it?

 

I am just trying to figure out, because I believe one of the people who I used to work with might also have missed the deadline for filing ROC

If they accept the filing, then the bona fides of the marriage are the main concern. A few months is not likely to raise a concern. If it was a few years, I'd be much more concerned.

[Tanish 197]

41 minutes ago, geowrian said:

If they accept the filing, then the bona fides of the marriage are the main concern. A few months is not likely to raise a concern. If it was a few years, I'd be much more concerned.

Okay. I was under the impression that if we don't file before the Conditional GC expires, we risk being out of status and risk losing residency.

 

I will ask her to apply ASAP.

[geowrian 22,335]

19 minutes ago, Tanish said:

Okay. I was under the impression that if we don't file before the Conditional GC expires, we risk being out of status and risk losing residency.

 

I will ask her to apply ASAP.

Risk? Yes. Technically you lose status automatically by not filing, although it gets more complicated than that so it's only half true. Basically, you are permitted a continuance and to obtain evidence of LPR status until an IJ makes a final decision. A couple months late filing isn't good, but there have been people in worse circumstances that have removed conditions in the end.

[Scandi 3,970]

I feel like I have read about other cases here on VJ where they filed too late but things turned out fine anyway. 

 

I would be more worried about the lack of evidence in this case, than the late filing itself.

[Mollie09 1,543]

OP, assuming your filing is accepted and you receive an I-797, I would collect as much real evidence as possible and submit it with that acceptance as a cover page before they issue the RFE. You're dangerously close to not having the minimum required evidence which could cause a straight denial.

[PandO 21]

Once again, Thank you to all that have taken the time to dig in and type up responses. All feedback are greatly appreciated!

 

I've read some replies that get my hopes way up, and some that bring me back to reality. Nonetheless, I think worst case scenario would be an outright denial - although that seems unlikely. Best case scenario seems like they would accept the minimal evidence I provided, and not RFE or interview - also unlikely. 

 

The most likely scenario that will play out is I do get an RFE, and an interview is required as well. If that happens I will gladly provide the requested documentation/evidence, and goto the interview.

 

Btw, for background info my timeline is on my profile. The wife and I have never been convicted or charged with any crimes. She is a homemaker currently, and I'm employed. I've purchased a vehicle with her on title, but we still reside in the home that I purchased before I met her. Therefore she is yet to be added to title on that. We have health insurance coverage for her, myself, and our two children. All utilities are still in my name - never found it necessary to add her to all the bills. In the meantime, she has obtained her CA drivers license, and we do have auto insurance with both of us on policy. I have life insurance with her as the beneficiary (although I told her i put our son as the benefactor).

 

Has anyone experienced a similar situation - being late in filing your I-751? How late were you? Your personal account on your experiences would be greatly appreciated, if there is such a person (as dumb as me lol)

[Lemonslice 4,549]

48 minutes ago, PandO said:

Once again, Thank you to all that have taken the time to dig in and type up responses. All feedback are greatly appreciated!

 

I've read some replies that get my hopes way up, and some that bring me back to reality. Nonetheless, I think worst case scenario would be an outright denial - although that seems unlikely. Best case scenario seems like they would accept the minimal evidence I provided, and not RFE or interview - also unlikely. 

 

The most likely scenario that will play out is I do get an RFE, and an interview is required as well. If that happens I will gladly provide the requested documentation/evidence, and goto the interview.

 

Btw, for background info my timeline is on my profile. The wife and I have never been convicted or charged with any crimes. She is a homemaker currently, and I'm employed. I've purchased a vehicle with her on title, but we still reside in the home that I purchased before I met her. Therefore she is yet to be added to title on that. We have health insurance coverage for her, myself, and our two children. All utilities are still in my name - never found it necessary to add her to all the bills. In the meantime, she has obtained her CA drivers license, and we do have auto insurance with both of us on policy. I have life insurance with her as the beneficiary (although I told her i put our son as the benefactor).

 

Has anyone experienced a similar situation - being late in filing your I-751? How late were you? Your personal account on your experiences would be greatly appreciated, if there is such a person (as dumb as me lol)

I'm confused, who's the immigrant?

[Scandi 3,970]

2 hours ago, Lemonslice said:

I'm confused, who's the immigrant?

I'm confused too. OP says he's the one filing ROC (meaning he's the immigrant), but in the last post he makes it sound as if the wife is the immigrant.

[milimelo 4,168]

9 hours ago, Scandi said:

I'm confused too. OP says he's the one filing ROC (meaning he's the immigrant), but in the last post he makes it sound as if the wife is the immigrant.

One of those cases where the USC does everything and the immigrant never learns how to deal with US bureaucracy. 

[PandO 21]

On 7/4/2019 at 3:37 PM, Lemonslice said:

I'm confused, who's the immigrant?

For clarity, I am the petitioner. Wife is the immigrant.

[Scandi 3,970]

Just now, PandO said:

For clarity, I am the petitioner. Wife is the immigrant.

Then it's your wife who files for ROC, not you. Your initial post gets confusing when you word it like that. Thanks for clarification. Have you heard anything yet btw? Thinking if you have received an acceptance sms or letter?

[PandO 21]

Just now, Scandi said:

Then it's your wife who files for ROC, not you. Your initial post gets confusing when you word it like that. Thanks for clarification. Have you heard anything yet btw? Thinking if you have received an acceptance sms or letter?

No notifications yet :(. Was searching the forums to see if there is a way for me to find the status of it.

 

Sorry about the confusion - Fairly new to the whole thing and its a bit confusing for me as well.

[Tanish 197]

Just now, PandO said:

No notifications yet :(. Was searching the forums to see if there is a way for me to find the status of it.

 

Sorry about the confusion - Fairly new to the whole thing and its a bit confusing for me as well.

You can call USCIS and ask for your status.