Stew

Thanks to all the people who replied. I hope I didn't come across as trying to blame others, as I said I assume total responsibility but again I wasn't thinking at the time. The question I had about the letter explaining my situation is, should I write one or have my lawyer do it? I would prefer to write one myself and explain exactly what happened to the best of my ability but I don't know if that would be frowned upon. Also the documents I am sending is:

Bills in both our names

Pictures of us together, dated

Taxes we filed

Credit card receipts in our names

Cheques in both our names

Home and Car ownership under both our names

Signed and notarized affidavits from family and friends

Insurance that covers both of us etc.

Is there anything I am missing? I have of course sent all the other stuff too, police reports, copies of my passport, copies of my resident card etc. but is there something that might help prove I have been living and working here that I am overlooking?

And lastly, what about my work situation? I know this is touchy but I did not know I was out of status until last week and I am still working at my job. Should I come clean and let them know or should I hold off until I get a reply from the USCIS in regards to my I-751, again I'm trying to live an honest life and I really don't want any trouble but I can't afford to lose my job either with a baby right around the corner.

We also talked about replacing our lawyer but the situation as it is I really can't afford it financially and time wise. She knows the situation were in and she has been kind enough to wave her fee's to do this process, she does assume some of the burden aswell for this and she knows it and she is trying to make it right. I am angry as hell, but mistakes happen.

Anyway, thanks for the replies again everyone, I appreciate the help!

Ok, here's my situation and just a forewarning, it's a complicated one:

In January of this year, I lost my wallet and with it my Conditional Green card. It was due to expire in July, now in April I was due to leave the country because my Aunt had been recently diagnosed with cancer so I wanted to go home and spend a little time with her because she wasn't responding well to the chemo. She only had a few months left so naturally I wanted to leave as soon as possible. I had taken April off as it's the only time I could get (Thanks to the whole sonority thing) anyway; I went to my lawyer and asked what I should do about not having a green card and wanting to leave the country. She suggested we send in another I-90 to get a replacement sent before I leave the country since I couldn’t file and I-751 before April. She called USCIS and he told us that would be the correct step to take.

Confident, we sent the package and I waited for a response, but there was none. It took until March for them to send a letter saying they had received the packet. Long story short, my card never arrived in time for me to leave the country. So I scheduled an appointment at my local USCIS the day I was supposed to board my plane and begged that they stamp my passport to allow me to leave. I showed they had received the packet and through some miracle they gave me permission to leave for two months so I went home, spent some time with my aunt managed to attend her funeral and returned to work. Soon after I received my letter for my biometrics in June, a month before my card expired.

I travelled back to the USCIS and asked the looming expiration would be a problem. The woman who took my fingerprints told me no, because I had filed my I-90 well in advance to it expiring I would be granted an extension on my residency card. I took this to my lawyer who agreed with the woman's opinion and so I waited some more. My green card expiration came and went and I called near everyday to the USCIS for a status update and was told it was still pending. When my lawyer called they told her that a decision would be reached by Sep-30th and if we didn't hear anything after that to go and appeal. No one told me there was a problem with my visa until Oct 4th. My lawyer had taken a vacation over the last week of Sep and arrived back Oct. 3 to find a letter saying my replacement card had been denied on the grounds that I never filed an I-751.

When we called to explain why we didn't file the I-751 he told us that he didn't agree with the other USCIS members opinion and as the person who has the final say was well in his right to do it. He did mention we should file an I-751 now and we are scrambling to get it sent by Friday but my question is this:

After three months of being 'out of status' what chance do I have? I want to explain exactly why I was late but don't want to point fingers at the people who are supposed to be helping me. I feel it makes me come off as ignorant. I don't want to say because of a family emergency, because I was back with enough time to file an I-751 and if I had known I had to would have without a moment's hesitation. Pretty much I am in a corner and no way out. I don’t feel this a good enough reason as to why I didn’t file, I also don’t believe I am at complete fault here. I say complete because I worried about the advice and should have researched it, but at the time I had a lot going on in life (A lot of family issues and deaths!) and just didn’t think about it all that much.

My American Residency is the most important thing to me. I have a good job, house, wife and my first child on the way. I have no convictions here, our marriage is rock solid and I've done everything to provide for her in the time I've been here. I know I am in danger of losing all that because of one misstep that I made. I want to do the right thing here but I only really have enough time, funds and energy for one good proper go at this.

So is it worth my time to file late for an I-751 or should I just start the adjustment of status process all over again and then re-apply for my conditional visa. I am really confused on this one; I did everything I was told to do and don’t want to lose everything because of one silly misstep. Any help would be greatly appreciated, I apologize for the length but I don't need to explain the situation fully because it's not just a case of:

'Oops I forgot!'

I literally thought I was taking the right steps. If I had been told the day my visa expired that I was ‘out of status’ it the I-751 would have been sent late by a day. But they didn’t inform me or my lawyer until Sep 30th and I just don’t think that’s an acceptable time frame to be out of status without filing. Even if I was unaware of it. Ugh…life is tough.

Thanks for any help way in advance I will appreciate it all!