I-751 Late Filing

[milimelo 4,282]

7 minutes ago, sudden said:

Yes, I have a valid DL. The SSN card says the it is valid for work only with DHS authorization. My I-9 verifiaction was done years ago when I go the green card. 

So you DON'T have an unrestricted SSN card. You won't be able to use DL and SS card as it has the restriction on it - you need to remove the restriction from SS card.

[OldUser 5,199]

6 minutes ago, milimelo said:

So you DON'T have an unrestricted SSN card. You won't be able to use DL and SS card as it has the restriction on it - you need to remove the restriction from SS card.

To add: OP can go to SSA office anytime and file SS-5 form to replace SS card. The new card should not have restrictions.

[sudden 0]

28 minutes ago, OldUser said:

To add: OP can go to SSA office anytime and file SS-5 form to replace SS card. The new card should not have restrictions.

Thanks. My dl is unrestricted. I will file a new ss5 form for the unrestricted card. 

36 minutes ago, milimelo said:

So you DON'T have an unrestricted SSN card. You won't be able to use DL and SS card as it has the restriction on it - you need to remove the restriction from SS card.

My dl is unrestricted. But will remove the ssn restriction

[sudden 0]

On another note our packet has been delivered to the lockbox.. 

[sudden 0]

Just an update on this. Uscis has cashed our check today. I'm thinking that is some progress  after all.. 😐

[mindthegap 2,550]

3 minutes ago, sudden said:

Just an update on this. Uscis has cashed our check today. I'm thinking that is some progress  after all.. 😐

 

It means it has been accepted, and you will shortly receive your extension letter in the mail. 

Relax.

[sudden 0]

1 hour ago, mindthegap said:

 

It means it has been accepted, and you will shortly receive your extension letter in the mail. 

Relax.

Thanks for the reassurance. Looking to get that soon.. 

[sudden 0]

On 12/22/2023 at 9:51 AM, mindthegap said:

 

It means it has been accepted, and you will shortly receive your extension letter in the mail. 

Relax.

We got an extension letter, reciept notice stating that the validity period has been extended for 48 months.. given the gc is 10 years valid, I'm interpreting this as we will have a decision for you within 4 years..incredibly stupid how uscis works. Atleast now we are a bit relieved.. we also got a biometric reuse meaning we don't have to appear for that..how often does it take for an actual decision? We are thinking of filing n400 at some point next year, if we don't get a decision by then. Thanks to all for their suggestions.. 

[Crazy Cat 39,856]

1 hour ago, sudden said:

We got an extension letter, reciept notice stating that the validity period has been extended for 48 months.. given the gc is 10 years valid, I'm interpreting this as we will have a decision for you within 4 years..incredibly stupid how uscis works. Atleast now we are a bit relieved.. we also got a biometric reuse meaning we don't have to appear for that..how often does it take for an actual decision? We are thinking of filing n400 at some point next year, if we don't get a decision by then. Thanks to all for their suggestions.. 

In your case, the extension letter itself, is of little use since it must be used with an expired 2 year Green Card.  A decision for Removal of Conditions could take up to several years.  I have seen cases take almost 4 years. At the end of the 3rd quarter FY 2023, there were still more than 217,000 (I-751s) still pending in the system.   They are processing only about 30,000 I-751s per quarter.   I would file an N-400 as soon as eligible.  The sooner you file, the sooner you will be rid of USCIS.  Good luck. 

Edited December 24, 2023 by Crazy Cat

[milimelo 4,282]

1 hour ago, sudden said:

We got an extension letter, reciept notice stating that the validity period has been extended for 48 months.. given the gc is 10 years valid, I'm interpreting this as we will have a decision for you within 4 years..incredibly stupid how uscis works. Atleast now we are a bit relieved.. we also got a biometric reuse meaning we don't have to appear for that..how often does it take for an actual decision? We are thinking of filing n400 at some point next year, if we don't get a decision by then. Thanks to all for their suggestions.. 

That's great news. Whenever your window opens for N400 - file away. 

[Going-thru 0]

On 12/17/2023 at 9:28 AM, sudden said:

Hello

 

We got in to a tricky situation with regards to my Wife's I-751 filing. We got married on May 2019 and I was an LPR at that time( Have become a citizen March 2021), We filed our Wife's Green card and she got her's approved on December 2020. However since our marriage was less than 2 years, We were expecting to get a 2 year card, But we got a 10 year card. We raised this issue to the USCIS by filing a I-90 petition on May 2022 citing that we have a 10 year card and it should really be a 2 year card. We did check with our attornery and he said that it should be ok since there have been instances of people being granted a 10 year visa even with less than 2 years marriage and it was sufficient if we raise the alleged USCIS error.

 

Last week, We got a decision notice in the mail stating that the I-90 was denied since USCIS did not have a record of us filing the I-751, We should have filed I-751 on December 2022, But we missed it because of this incorrect interpretation. We reached out to the attorney and explained the situation and he said, Since we filed the I-90 and he had clients file I-751 late, We can file it now with the situation and an explanation letter, We did that promptly with a ton of documents explaining our marriage is genuine and how we have established our lives together from December 2020 and the reason for the late filing with a lenghty apology letter explaining our incorrect interpretation.  Although while reading through this forums, it seems like this has happened on more than one occasion, we are bit anxious about the whole situation. We have travel coming up shortly, which I'm not sure we can plan until we get a resolution here. 

 

Any experiences of a similar scenario might be helpful. Thanks much

 

-GV

 

Hi, can you please

post the letter that you sent and also your timeline of sending the paperwork and receiving the receipt notice? Similar boat so it will be very helpful. Thanks 

[sudden 0]

12 hours ago, Going-thru said:

Hi, can you please

post the letter that you sent and also your timeline of sending the paperwork and receiving the receipt notice? Similar boat so it will be very helpful. Thanks 

Sure. I will post it shortly

[Going-thru 0]

Thank you so much, I appreciate your help

[sudden 0]

1 hour ago, Going-thru said:

Thank you so much, I appreciate your help

 

Quote

Dear USCIS officer:

Please accept our sincere apologies for not completing the I-751 form according to the USCIS guidelines (90 days prior to the second anniversary), we failed to meet this deadline simply because we did not correctly interpret the instructions.

My green card was issued for a 10-year validity period and we took that validity in face value and hence filed a I-90 to correct the 10-year validity to a 2-year validity. Please find the attached receipt notice for the I-90 filing and the supporting documentation in that regard that was filed in May 2022. When we did not get a response from the USCIS, we wrongly interpreted that the green card had the 10-year validity in face value and did not file this form.

 

We genuinely believed that we were following all the rules and regulations and have taken this process seriously. On December 13^th when we received this notice of denial for the I-90 filed from USCIS, we realized that we were out of compliance and committed to taking immediate action to rectify this situation. So, we are filing this form I-751 within 4 days of the notice so that we can get the conditions removed on the green card. My husband, XXX and I are deeply in love with each other and are committed to following all USCIS rules and regulations to continue our life together in USA. We deeply regret this event and therefore offer our sincerest apologies. 

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions related to this petition.

Married on May 2019 to LPR Spouse

Filed GC Application for myself on August 2019

Interview on November 2020 - Approval Granted Verbally 

Recieved GC on December 2020 - Should have been a 2 year card, But got a 10 year card

Husband became US Citizen on March 2021. 

Filed a Petition I-90 Stating the USCIS error on May 2022.

Recieved Denial of I-90 Petition on December 2023, With explanation stating that we did not file I-751

Filed I-751 On December 19,2023.  Cash Checked Within 3 days. 

Recieved the reciept notice in Email on December 23rd Stating that they have granted extension for 48 Months and Biometric reuse. 

Travel Plans this summer, So we will file the N-400 as soon as we finish the travel. 

Edited December 26, 2023 by sudden

[mindthegap 2,550]

56 minutes ago, sudden said:

Travel Plans this summer, So we will file the N-400 as soon as we finish the travel. 

 

I would caution against travelling out of the US in your present state - that is, to say with an incorrectly issued 10yr card and an I-751 extension letter. 

 

The extension letter is only valid when accompanying an expired 2 year card.

By itself it is useless - for API, for boarding, for entry, for anything.

The 10 year card, when run - possibly at API/check in but definitely at the border - should show your correct status, which is that of a permanent resident with an expired 2 year card with a pending I-751...buuuuuuut you would be presenting an apparently valid & unexpired 10 year card, without a pending I-90........

You see what I am getting at here? It could open a whole can of messy worms for you to have to explain and may take a little while. Take it from me, visiting secondary every time sucks. 

Could it work? Possibly. Is there massive potential for being stuck overseas and having to pay 600 bucks for a boarding foil? Absolutely. Best not to take chances. 

 

 

Thankfully, there is an easy(ish) solution, which is an I-551 stamp in your passport, which negates the need for the extension letter. Get an appointment made, and when you have an appointment, take along the 10 year card, the denied I-90, and your new receipt/extension, explain the situation, and they will hook you up. Unfortunately this needs to be renewed every 12 months, but better than the alternative.