21 Days left? How are we looking on time?

[zamardii12 25]

My wife and I just realized we have 21 days left to file the I-751. How are we looking as far as time? Should we be okay if we send it in this week? As long as we don't see it late we aren't violating any rules right even if we don't hear a response before her expiration date of her Green Card? Which is January 31st. 

[HRQX 4,145]

2 hours ago, zamardii12 said:

How are we looking as far as time?

What matters is the day I-751 arrives at Lockbox. See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

2 hours ago, zamardii12 said:

Which is January 31st. 

She continues to be a PR beyond the date on the card. Only an Immigration Judge can revoke her status.

 

Her current employer should not ask her for new document: https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
• List B documents

In regards to potential new employers after Jan. 31, she can present DL (or ID) and unrestricted SSN card. When does her DL or ID expire? Does she have unrestricted SSN card? https://www.ssa.gov/ssnumber/cards.htm

1

Shows your name and Social Security number and lets you work without restriction.

We issue it to:

• U.S. citizens; and
• People lawfully admitted to the United States on a permanent basis.

Edited January 11, 2021 by HRQX

[da95826 387]

Make every effort to send your i751 application in before the conditional green card expires. If you are late you need to provide a good reason for filing late. 

 

You need to make out the i751 form (petitioner and beneficiary is the conditional green card holder) and the US citizen spouse, include the fee for the form and the biometric fee.

Send the form to the correct address, follow the instructions for the i751 form on the USCIS site. Make sure green card holder signs the form along with US citizen spouse (spouse section). 

 

Collect IRS Tax transcripts, tax returns during marriage

Joint accounts statements during marriage

Joint leases, mortgage

birth records of children together

Pictures

travel records together

Driver Licenses or state ID with common address

 

Must file i-751 before the CGC expires, if it gets to the USCIS address on time you are okay.

 

It is currently taking weeks and weeks and weeks for USCIS to process application so don't expect to hear from them right away, but USCIS will note the date the i751 arrived to determine whether or not you are late filing.

 

As long as you have a l751 pending you remain in legal status, you will have a period of time waiting for your NOA receipt notice to arrive to prove your continued LPR status.

 

Only a judge can revoke LPR status so you need to go to court to lose it, but procedurally you need a i751 filed to keep out of court.

 

 

Edited January 11, 2021 by da95826