FYI here is a copy of the letter that we sent - should this be helpful to anyone in the future:
Dear USCIS examiner:
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 simple because we did not correctly interpret the instructions. We had wrongly interpreted the instructions to mean that we needed to file “within” 90 days of expiration and not prior to expiration. We genuinely believed that we were following all of the rules and regulations and have taken this process extremely seriously. Yesterday when I realized that we were out of compliance, I immediately contacted USCIS to schedule an appointment with Infopass to speak directly to an immigration officer. Attached you can find our confirmation receipt for our appointment tomorrow. My husband, (NAME HERE) and I deeply love each other and are committed to being in compliance with all USCIS rules and regulations in order to continue our life together in California. We regret this event and therefore offer our sincerest apologies.
thank you for your understanding.
Enclosed please find the I-751 petition for removal of conditions of permanent resident status regarding my husband, (NAME HERE). Please also find a check for $590. ($505 for the form and $85 biometric fee for a total of $590). My husband entered the US on a CR-1 Immigrant Visa. We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my husband (NAME HERE).
Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:
• Copies of the green card and social security card of (NAME HERE)
• Letter from my company, Teach for America, designating (NAME HERE) as the primary beneficiary under my life insurance policy as well as confirmation that (NAME HERE) and I enrolled in the CIGNA Healthcare Open Access Plus- Basic Plan.
• Copy of an insurance notice demonstrating a joint car insurance account.
• Copies of Tax Returns filed jointly for 2010 and 2011
• Copy of our (NAME HERE) September statement showing a joint credit card account.
• Copy of our health insurance cards showing a joint policy.
• Copies of our bank account statements with the same address, demonstrating a shared residency
• Copies of paperwork demonstrating a joint checking and savings account with Bank of America
• A copy of our airline reservations for a vacation that we have planned in November of 2009 to Santiago, Chile but will immediately reschedule as we understand we can no longer leave the country.
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 or problems related to this petition.
