Effects of I-751

[SneakyPete 75]

Would like clarification on some specific questions please.

1. If I-751 not filed before I-550 expires, can I-864 sponsor be still held financially responsible.

2. How long does it take (on average) for USCIS to realize I-751 wasn't filed and eliminate the primary applicant? 

3. Is there any grace period currently due to COV-19 or other reasons that would allow filing I-751 after I-550 expiration?

4. Can I-751 be solo filed with waiver if civil matter is not finalized due to mandatory 6 months hold? 

 

Thank you.

[HRQX 4,145]

7 minutes ago, SneakyPete said:

can I-864 sponsor be still held financially responsible.

Yes. The I-864 obligation only ends when the immigrant:

• Becomes a U.S. citizen;
• Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent resident status and has departed the United States;
• Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies

Also: https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf Page 7

Quote

NOTE: Divorce does not terminate your obligations under Form I-864.

 

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

 

10 minutes ago, SneakyPete said:

Is there any grace period currently due to COV-19 or other reasons that would allow filing I-751 after I-550 expiration?

For a Joint filing "Good Cause" for filing late must be proven.

11 minutes ago, SneakyPete said:

Can I-751 be solo filed with waiver if civil matter is not finalized due to mandatory 6 months hold?

What's the civil matter? Is it a divorce?

[Lil bear 4,252]

What’s an I 550? 

[HRQX 4,145]

1 minute ago, Lil bear said:

What’s an I 550? 

OP did a typo. Should be I-551. The back of a Green Card: "FORM I-551"

[SneakyPete 75]

7 minutes ago, HRQX said:

No longer has lawful permanent resident status and has departed the United States;

It seems to me with expired I-551 and no extension granted by filed I-751 primary applicant no longer has LPR status. Without LPR, even before departure they should not be able to obtain public charge benefits that state might need to recover under I-864 umbrella. 

Edited July 16, 2021 by SneakyPete

[HRQX 4,145]

8 minutes ago, SneakyPete said:

It seems to me with expired I-550 and no extension granted by filed I-751 primary applicant no longer has LPR status.

That is incorrect. Only an Immigration Judge can revoke the status OR the conditional resident can voluntarily submit Form I-407 after departing the US: https://www.uscis.gov/i-407 The I-751 not being filed does not mean the PR status ended: https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

 

Also you clearly overlooked the "and has departed the United States" part.

Edited July 16, 2021 by HRQX

[Lil bear 4,252]

5 minutes ago, SneakyPete said:

It seems to me with expired I-550 and no extension granted by filed I-751 primary applicant no longer has LPR status. Without LPR, even before departure they should not be able to obtain public charge benefits that state might need to recover under I-864 umbrella. 

 

6 minutes ago, HRQX said:

OP did a typo. Should be I-551. The back of a Green Card: "FORM I-551"

I had assumed that was the issue but wanted to check I wasn’t missing something ! 
 

In this case the immigrant will have no documentation to show LPR status. 
 

Edited July 16, 2021 by Lil bear

[SneakyPete 75]

8 minutes ago, HRQX said:

That is incorrect. Only an Immigration Judge can revoke the status. The I-751 not being filed does not mean the PR status ended: https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

 

Also you clearly overlooked the "and has departed the United States" part.

This vas very helpful, thank you.

Key part seems to be 

Quote

"While late-filed joint petitions require written proof of good cause or extenuating circumstances, waiver petitions can be filed without such proof at any time prior to the entry of a final order."

 

9 minutes ago, Lil bear said:

In this case the immigrant will have no documentation to show LPR status. 

My point exactly. 

[HRQX 4,145]

14 minutes ago, SneakyPete said:

My point exactly.

Note that the lack of documentation doesn't mean that the PR status has ended.

 

For example, the conditional resident can continue to work for a current employer. The employer shouldn't even ask for new documentation: 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

[SneakyPete 75]

20 minutes ago, HRQX said:

Note that the lack of documentation doesn't mean that the PR status has ended.

 

Yes, that is understood. Re-verification of I-9 is not a concern for this situation though. Only attempt to apply for new benefit or get legally employed for the first time. 

[carmel34 3,639]

An I-751 can be filed late.  Include a letter of explanation.  Also it can be filed solo with a divorce waiver, state "divorce in process" on the cover letter.  Whether the I-751 is accepted late or not is up to USCIS.  Chances are good that a couple of weeks after filing, the NOA1 will be issued, extending the I-551 or green card (LPR status) for another 18 months.  At the ROC interview, taking a year or two these days from filing the I-751, questions will likely be asked as to why the I-751 was filed late, and of course, about the bona fide marriage evidence which is required up to the time the marriage fell apart.  A final divorce decree will be needed at the ROC interview if the divorce waiver was indicated on the I-751.  Good luck!

[SneakyPete 75]

5 hours ago, carmel34 said:

Also it can be filed solo with a divorce waiver, state "divorce in process" on the cover letter. 

This is extremely helpful, thank you.

Does anyone know how long before person gets "33 days to leave the country" letter? 

[HRQX 4,145]

24 minutes ago, SneakyPete said:

Does anyone know how long before person gets "33 days to leave the country" letter? 

The letter they send says something else and also it's not accurate at all:

 

Only an Immigration Judge can revoke the status. See mindthegap's post:

 

[SneakyPete 75]

20 minutes ago, HRQX said:

The letter they send says something else and also it's not accurate at all:

 

Ah very interesting and good to see the letter. It took them over one year to send it it seems. So seems like the main would be not having a proof of valid status if primary applicant doesn't get I-551 stamp. 

[HRQX 4,145]

20 minutes ago, SneakyPete said:

It took them over one year to send it it seems.

Yup. And despite the scary tone of that letter the OP of that thread became a US citizen 3 weeks ago:

 

Edited July 16, 2021 by HRQX