Filing i-912 along with i-751

[BearAndKoala 16]

Hello helpful people!

 

My wife and I just filed her i-751 on 5/3/25. Her card expires on 6/8/25. We applied for a few waiver since we just had a baby and we're currently saving for a house on poverty-level income, so financially it just isn't the right time. But that's not why I'm posting here.

 

My question is, in the event our fee waiver request gets denied, what do we do? I've read that they'll send the i-751 back and we have to send it again with a letter explaining that the lateness is due to the i-912 being denied, but I'm nervous about the timing.

 

If it's denied and we don't get it in time to resend it before her expiration date, what happens? I'm also worried that they might just misplace it entirely since of course we haven't gotten a letter stating they've received it yet. I had the packet tracked, so I know it's been delivered. Any advice would be greatly appreciated!

[OldUser 9,552]

17 minutes ago, BearAndKoala said:

If it's denied and we don't get it in time to resend it before her expiration date, what happens? 

You'll send it after expiration then. It's not ideal, because immigrant won't have extension letter, meaning no proof of legal status.

 

It can take 4-6 weeks to get extension letter in the mail. Or longer if you request to waive fees.

Edited May 16 by OldUser

[BearAndKoala 16]

Understandable. Wouldn't it be considered "good cause" if we were delayed filing because of the i-912 refusal but sent the original packet within the initial 90 days, and pay the fee immediately once we receive the notice of refusal?

[OldUser 9,552]

16 minutes ago, BearAndKoala said:

Understandable. Wouldn't it be considered "good cause" if we were delayed filing because of the i-912 refusal but sent the original packet within the initial 90 days, and pay the fee immediately once we receive the notice of refusal?

Many filed late and were fine. But it's a question of not having proof of status for a while.

Make sure your wife has unexpired driver's license (or state ID) and unrestricted social security card. It's best if DL / state ID are Real IDs.

 

This will ensure she won't depend on expired green card to prove her identity and perform I-9 verification at workplace.

 

Once green card expires and she doesn't have those docs or extension letter, her life may get more difficult.

 

Good luck!

Edited May 16 by OldUser

[BearAndKoala 16]

She does have an unexpired Real ID. That will be enough to avoid problems if we're only late filing for maybe a few days after her green card expires? If they send a refusal we intend to send the fee and redone packet on the same day.

[OldUser 9,552]

5 minutes ago, BearAndKoala said:

She does have an unexpired Real ID. That will be enough to avoid problems if we're only late filing for maybe a few days after her green card expires? 

Not for proving her status, she still may have issues with that if ICE stops her, for example.

 

It's good for proving her ID for banks, purchases in store, accessing federal facilities etc.

 

What about unrestricted social security card? Does she have it? If not, can she apply for one at SSA before her GC expires? Otherwise she'll have issues switching jobs or if employer asks fo reverify her ability to work.

 

 

 

[BearAndKoala 16]

She does have a social security card, as does our son. We don't really have need to go to any place like that, and she's not working anymore. With a 1yr old we're basically reduced to grocery trips, the occasional hike, and maybe dinners out. Not a lot going on for us at the moment.

[OldUser 9,552]

6 minutes ago, BearAndKoala said:

She does have a social security card, as does our son. We don't really have need to go to any place like that, and she's not working anymore. With a 1yr old we're basically reduced to grocery trips, the occasional hike, and maybe dinners out. Not a lot going on for us at the moment.

The important point is, her card may say "Valid Only With DHS Authorization". And this is very limiting, as requires showing green card to employer.

If she has capacity to do it now, it's best to replace it now, because once she's going through I-751, many SSA officers won't cooperate with her asking to get unrestricted SS card. I-751 itself can take few years. So it would be very unfair to her to be in stress few years down the road when she wants to join the workforce again.

In my humble opinion, the more rights and freedoms immigrant has, the better it is for immigrant and their family. Updating SS card (if it has the writing) is free. Maybe it doesn't apply to her, I just want to make sure you have a smooth ride.

Of course, you know what's best for your family. Good luck!

 

[BearAndKoala 16]

Follow-up question: If we want to avoid penalties in case they do deny the i-912, can we send payment of the fee with a detailed cover letter explaining our intent preemptively? I know it can complicate the process but I'd rather be ready to take the financial burden instead of risk my wife's citizenship.

[OldUser 9,552]

9 minutes ago, BearAndKoala said:

Follow-up question: If we want to avoid penalties 

There are no penalties.

Only the fact she won't have proof of status for longer. She remains LPR even with expired GC, just can't prove it to ICE for example. In the past, there were rare cases when people filed I-751 years late, and were still approved.

 

It's early to worry about I-751 being rejected. You'll know it in probably in June. You wouldn't want to create two I-751 either

Edited May 16 by OldUser