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nesum18

what happens if we dont receive the 751 notice before the conditional green card expires?

By nesum18 in Removing Conditions on Residency General Discussion

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nesum18 Newbie

nesum18   3

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Posted

Hi everyone,

I love that everyone here is so helpful towards each other :)

I'm freakin out and have a question (bear with me while I explain): 

my hubby's conditional GC expires Jan 30, 2021 and we just filed for 751 (it was delivered today by usps using priority mail express and signed by someone).

I see that many users have not received their notice and it's taking almost 40 days to even cash their checks (due to precautions uscis is taking because of covid and all)....

 

my questions is: What happens if we dont receive the notice before Jan 30th? Will my husband be deported?

What would be our options in case we dont receive the notice before his conditional GC expires?  I'm so worried right now, my BP has been high and my heart rate has increased...i haven't been able to sleep properly for the past few days :(

 

Thank you for your replies in advance 😊🙏

 

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mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
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Posted (edited)

Nothing.

The card is proof of status and not the status itself. As long as you have filed, when the card expires the status as LPR continues.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted

Since the I-751 was received before the green card expired, there won’t be a deportation unless the petition is ultimately denied and all appeal paths exhausted.  
 

Your husband should carry proof that the I-751 was received.  Electronic and printed copy.  
 

See a doctor for the BP.  Your husband needs you.   

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
54 minutes ago, nesum18 said:

Hi everyone,

I love that everyone here is so helpful towards each other :)

I'm freakin out and have a question (bear with me while I explain): 

my hubby's conditional GC expires Jan 30, 2021 and we just filed for 751 (it was delivered today by usps using priority mail express and signed by someone).

I see that many users have not received their notice and it's taking almost 40 days to even cash their checks (due to precautions uscis is taking because of covid and all)....

 

my questions is: What happens if we dont receive the notice before Jan 30th? Will my husband be deported?

What would be our options in case we dont receive the notice before his conditional GC expires?  I'm so worried right now, my BP has been high and my heart rate has increased...i haven't been able to sleep properly for the past few days :(

 

Thank you for your replies in advance 😊🙏

 

Only the evidence of status expires.  His status as a legal resident does not expire.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Marieke H Proficient

Marieke H   2,519

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
 Timeline
Posted

Relax and take a deep breath. It's really not worth losing sleep over it. He will still have LPR status even though his proof of status has expired. You may receive the extension letter before his green card expires, or you may receive it a few weeks later. ICE will not come knocking on your door (and even if they would, you have proof that you submitted the ROC application).

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Dashinka Grand Master

Dashinka   24,598

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
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Posted

I agree with the above responses, this is nothing to get overly stressed about.  You filed the I751 within the 90 day window, and unless your husband has pending international travel, there is no need for the extension letter immediately.  If there is travel in the immediate future and the extension letter does not arrive prior to the CGC expiring, your husband can get an I551 stamp to show his LPR status.

 

Relax!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

TBoneTX Grand Master

TBoneTX   45,540

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A hijack post and its replies have been split into a new topic in this forum, with title "What if Stopped by Police with Expired Green Card?  [split topic]".

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

LirikVJUser Enthusiast

LirikVJUser   28

Posted
Timeline
Posted
7 hours ago, mindthegap said:

Nothing.

The card is proof of status and not the status itself. As long as you have filed, when the card expires the status as LPR continues.

 

What if I-751 is filed after the 90-day window without a good reason? Will USCIS automatically reject the application? 

AstroCanada Community Regular

AstroCanada   206

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted
13 hours ago, LirikBlaidd87 said:

What if I-751 is filed after the 90-day window without a good reason? Will USCIS automatically reject the application? 

That's a different kettle of fish than the original question.  Better saved for another thread.  

 

For the OP, I can assure you the CBP's first priority is not chasing down people who filed for ROC and don't have a letter in hand.  

I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

Oct 21, 2016: NOA2 Notice by App (LIN)

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Jan 23, 2017: Interview...Approved!

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox 

March 3, 2020: Approved by CSC

 

N-400

Feb 2, 2020: File N-400 online

Feb 25, 2020: Biometrics

 

 

Ed&Midori1031 Proficient

Ed&Midori1031   330

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted (edited)
On 12/31/2020 at 9:06 PM, LirikBlaidd87 said:

What if I-751 is filed after the 90-day window without a good reason? Will USCIS automatically reject the application? 

It would have to be a legit reason, from what I'm guessing.  Do you feel that will happen??  Meaning, filing after the 90 days?

Edited by Ed&Midori1031
Type o
 
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