delayed application

[wexford65 0]

I am REALLY biting my lips here and ignoring the borderline aggressive stance being taken by the OP when people are trying to help in spite of the cavalier manner in which such a serious issue is seemingly being dealt with.

I can confirm I do also recall back in 2007 seeing someone post that they had missed their GC expiration and had not filed for removal of conditions for a few weeks. I think their reason was fairly similar and unsurprisingly fell on deaf ears with USCIS. Being blunt they don't look at finances as a valid reason. In fact saying finances is likely to raise other questions for them such as your ability to support yourselves.

That case did from memory result in deportation but I think there were appeals to bring the spouse back into the country. No idea how it ended up.

Regardless of finances I would be hiring someone with experience in such matter. Yes...an immigration attorney.

Oh, and no this isn't an ad for an attorney. Much like the prior posts no specific attorney has been mentioned so I fail to see who is being advertised.

[TracyTN 237]

I am REALLY biting my lips here and ignoring the borderline aggressive stance being taken by the OP when people are trying to help in spite of the cavalier manner in which such a serious issue is seemingly being dealt with.

I can confirm I do also recall back in 2007 seeing someone post that they had missed their GC expiration and had not filed for removal of conditions for a few weeks. I think their reason was fairly similar and unsurprisingly fell on deaf ears with USCIS. Being blunt they don't look at finances as a valid reason. In fact saying finances is likely to raise other questions for them such as your ability to support yourselves.

That case did from memory result in deportation but I think there were appeals to bring the spouse back into the country. No idea how it ended up.

Regardless of finances I would be hiring someone with experience in such matter. Yes...an immigration attorney.

Oh, and no this isn't an ad for an attorney. Much like the prior posts no specific attorney has been mentioned so I fail to see who is being advertised.

Well said (esp. your first paragraph)!

To the OP: it may also be worth pointing out that in no way would I travel right now - esp. not internationally. No point in painting an even larger target on your back.

You have made yourself deportable, finances or no. That's not USCIS' fault, nor the fault of anyone on this forum who is trying to help - no matter how much you might dislike their advice.

Edited July 7, 2009 by TracyTN

[Twomoles 8]

And USCIS is not the KGB;

but maybe ICE is....

What is ICE?

[Chica Yeyé 41]

And USCIS is not the KGB;

but maybe ICE is....

What is ICE?

The guys you should be worried about. Immigration and Customs Enforcement -- aka the immigration police

[Kathryn41 3,205]

To bring some sort of balance to this discussion, there were two members of VJ who missed their deadline dates while I was going through the ROC process as well. They included a letter to USCIS apologizing for the delay and requesting consideration. Both of them were accepted and eventually approved for Removal of Conditions. In the USCIS Field Manual there is a section that discusses late filings for ROC. It basically states that it is up to the adjudicator's discretion whether they will accept a late filing or not, but generally they allow a 60 day 'grace' period in which to receive late filings, so I will just say get the application in ASAP, make sure you apologize for the late filing and ask them to look with favour upon your request to consider your application even though it is a week late. Good luck

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

25.1 Immigration Marriage Fraud Amendments of 1986

References: Section 216 of the Act 8 CFR 216 . . .

(F ) Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file within the required time period.

and

3. (D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751. If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.

. . . and maybe we can have a little bit less 'fire and brimstone' the next time someone asks for help?

Edited July 7, 2009 by Kathryn41

[Twomoles 8]

To bring some sort of balance to this discussion, there were two members of VJ who missed their deadline dates while I was going through the ROC process as well. They included a letter to USCIS apologizing for the delay and requesting consideration. Both of them were accepted and eventually approved for Removal of Conditions. In the USCIS Field Manual there is a section that discusses late filings for ROC. It basically states that it is up to the adjudicator's discretion whether they will accept a late filing or not, but generally they allow a 30 day 'grace' period in which to receive late filings, so I will just say get the application in ASAP, make sure you apologize for the late filing and ask them to look with favour upon your request to consider your application even though it is a week late. Good luck.

. . . and maybe we can have a little bit less 'fire and brimstone' when someone asks for help?

Thank you, that was like sun came out here in overcast day.

I will try to find this manual and make infopass appointment too

[TracyTN 237]

Thanks for the very salient link, Kathryn!!

And FWIW, I don't think I was being 'fire and brimstone' with the OP - certainly no more so than he has been with others.

[Brother Hesekiel 2,235]

You should have, you really should. But since you didn't, you need to send a superb package without mistakes, accompanied by a cover letter that would win a plead in a court of law. There are some people on this board who are more than qualified to help you out with drafting and proofreading such letter.

As stated in the instructions, a cause of delay that is out of the applicant's control would be a valid reason. So, just imagine (hypothesis) you had sent your original package, stupidly with regular mail though and have been waiting, waiting, waiting . . . for a receipt from the USCIS, which you never got. Now your GC expired and you can't take the wait anymore and you send the package AGAIN. Just food for thought, coming from somebody who strongly feels lying is wrong, most of the time anyway.

Consulting a lawyer is certainly good advise, but I got the impression that you really can't affort a $1K retainer right now. So do the next best thing: ask the experienced users here, before you do anything wrong.

[Kathryn41 3,205]

You should have, you really should. But since you didn't, you need to send a superb package without mistakes, accompanied by a cover letter that would win a plead in a court of law. There are some people on this board who are more than qualified to help you out with drafting and proofreading such letter.

As stated in the instructions, a cause of delay that is out of the applicant's control would be a valid reason. So, just imagine (hypothesis) you had sent your original package, stupidly with regular mail though and have been waiting, waiting, waiting . . . for a receipt from the USCIS, which you never got. Now your GC expired and you can't take the wait anymore and you send the package AGAIN. Just food for thought, coming from somebody who strongly feels lying is wrong, most of the time anyway.

Consulting a lawyer is certainly good advise, but I got the impression that you really can't affort a $1K retainer right now. So do the next best thing: ask the experienced users here, before you do anything wrong.

It is a violation of the TOS of this site to suggest, recommend or condone any type of illegal activity during the immigratin process. Lying that you had sent the package once and never received a receipt so resending it is dishonest. One never, never, never lies to USCIS. Misrepresentation carries a lifetime ban from the US. Far better for the OP to be honest, explain that it took them longer to get the fee together than they had expected and ask the adjudicator to accept the application one week late.

[CouscousApplePie 0]

I am not minimizing the importance, I know it is late, I have red instructions, package was shipped today. I know we were dragging our feet and that USCIS also does not care about finances.

I know I am now a subject of deportation, I just suppose there is interview and judge first, some action and response along that, before somebody physically drags me to the airport in sly trap excused with interview, if that really happens. And I have taxes and loans to pay back.

I would appreciate if somebody knows some real cases or information, I was looking and could not find a topic here about filling this application delayed.

However, thank you for your replies.

I know from experience they ICE will come directly to ur home of ur US citizen spouse and strip u from your home and place u in a city jail(for owever long they choose too.)( with NO visitation) then to a dention center , wait days for a hearing , then if ur lucky at that point get delays to stop deportation, however staying in the detention centers are not easy( few visits 1 time weekly for 1-2 hours if No one else takes ur visit time). My ex husband had to stay for 4 months and they still deported him. THEY will deport the detanees at thier will, U will not know when or either will ur spouse.. U will only get to make a call 1 hour prior to being wisked away to the airport with out knowing airlines or otherswise.. They will if time permiting allow ur spouse to bring u 1 piece of luggage weighing 40 lb only and NO carry on... They have NO heart for the most part... But it is their job I guess.

However in our case we happened to have a very reasonable detention officer that felt my ex was getting the wrong deal and help me tremondously , gave us details of everything also due to the fact was traveling directly behind him and I did not want to arrive to early to his country...

THEY DONT CARE ABOUT TAXES you leave behind or ur debt ... I was left with his debt as his spouse at the time.... !!

I did learn some tips but I should not dicuss them openly... GET A LAWYER A VERY GOOD ONE>> I had one of the best in LA and it still happened to us.. But they will still protect you as a HUMAN BEING!!! even though u have NO rights as a USC..

I dont mean to sharing a harsh story as I hate remembering it anyways..... BUT DONT PLAY with these people, they come out of the wood work and from no where....Ur job, just driving , they know about you than u would even consider.....

Our situation was not due to the same as urs but still ICE is ICE.... same rules apply to anyone out of status and NO ground to stand on...

Bless you and ur spouse and I hope all goes in your favor ....

Good luck.....

[Twomoles 8]

Well, what was your case then I am interested?

It all sounds like from some fear mongering scary movie. I just thought we live in the century of reason...

I doubt that USCIS is interested in breaking down and splitting families which includes US citizens over five day delay.

And for now lawyer does not make much sense, because his hands will be short too. He does not have much of authority at this point, so for now I have to wait and see response from USCIS, if I will get in trouble, I will have to face judge, I will hire a good one.

If I will have to go through all the process again, well, my bad.

Now I am trying to read into all I can find, and in other sites I fond references to the so called 60day grace period as well.

IN addition, I am still in the USCIS stage, there is a lot what can be done until there is ruling that would involve Immigration police, until it comes to necessity for law reinforcement, and it would be such a waste of taxpayers money, to set up all that, I am really not so important, and I do not have any doubtful records in the past. And there has to be ruling before reinforcement, and there will be action required from me. So immigration police is really the last stage, and I am pretty sure I will hear from them before they will do anything.

Seems 60 days before they actually move to make action (legal one, not chopping off hands and inquisition) and assume that applicant have ignored the law. In addition, if I do not receive answer from USCIS, during this 60 day period I can resend my package.

[Twomoles 8]

Kathryn41 - you are a GEM!

(D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751 . If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.

From this manual,

hence, during those 60 days, I have to supplement them with good and valid explanation, after those 60 days, I would be called in. (on my own legs, no handcuffs) lol

It is five days or actually, only two working days. 60 days to act. I should be fine.

[CouscousApplePie 0]

Well, what was your case then I am interested?

It all sounds like from some fear mongering scary movie. I just thought we live in the century of reason...

I doubt that USCIS is interested in breaking down and splitting families which includes US citizens over five day delay.

And for now lawyer does not make much sense, because his hands will be short too. He does not have much of authority at this point, so for now I have to wait and see response from USCIS, if I will get in trouble, I will have to face judge, I will hire a good one.

If I will have to go through all the process again, well, my bad.

Now I am trying to read into all I can find, and in other sites I fond references to the so called 60day grace period as well.

IN addition, I am still in the USCIS stage, there is a lot what can be done until there is ruling that would involve Immigration police, until it comes to necessity for law reinforcement, and it would be such a waste of taxpayers money, to set up all that, I am really not so important, and I do not have any doubtful records in the past. And there has to be ruling before reinforcement, and there will be action required from me. So immigration police is really the last stage, and I am pretty sure I will hear from them before they will do anything.

Seems 60 days before they actually move to make action (legal one, not chopping off hands and inquisition) and assume that applicant have ignored the law. In addition, if I do not receive answer from USCIS, during this 60 day period I can resend my package.

We were in AOS ( about 4-5 months in) recieved EAD Bometrics, just waiting on interview....NEVER got one soon as ICE came they quickly send to immgration to deny all petitions) they word things to make it sound like he was a terrorist and low life fraud ,u name it they word it to scare the judge to freeze any chance of hope ... NO PETITION === NO HOPE......

WE AND OTHERS got NOOOOOOOOOO nice little letter to inform u they will be paying a visit( DONT PUT THE TEA ON ) if it is simple case they may give u a letter of voluntary departure as a friend recieved... but once again if u dont leave and report to to ur home countrtyof ur arrival U R on the ICE LIST AGAIN>>>>>>>>plus a lifetime ban...

.....they are hateful ppl they scared the ####### out of me at my home without regards to me at all .

Then ICE came to his work looking for someone else of interest( somekind of marriage ring) they informed my Ex he could be a willing participant to set up a secret meeting to catch this person(& recieve greencard ASAP or they could make life he!! for him and refuse all petitions IE green card etc.... Well he choose not to help (WRONG ) and they made life HE!! just like they said...... they went into his past(that day(ICE came that night) and seen he was married before and divorced quite quickly cos the girl was not who he though she was ... he register after 9/11 and was never deported so he assumed he was good to go then we met and we married (a couple of years later) .... BUt he was out of status of a school visa....!!!!

come to find out the woman he was married to was in a marriage scam operation a year or so after thier divorce ( she was married to 7 men at the same time BLAH BLAH)...anyway long story short they tried to say he commited marriage fraud to her and overstaying a school visa.... THIS IS why u need a very good ATTORNEY.... they try to put charges on you that unfounded .. OUR attorney was ale to get those charges dropped . hoever due the AOS getting denied cos of the harsh charges I had no standing to keep him here.... thence he had a 10 ban for being deported for out of status... Appelas r not even worth the paper they are wrote on....if u r deported ur appeal goes in the dark spaces of no where... if u continue to fight deportation ( which he could not stand 1 more day there so we gave up and choose to go home to Morocco) as long as ur case stays in USA u may have a 2 year wait in detention( give or take a year).....

we are divorced now almost 2 years ..... but the memories are as clear as if they were yesterday...

I am sure you will get the 60 day wavier everyone is talking about... I just wanted u to have a clear view of ICE.... they have NO heart and dont care about ur spouse or anything but removing the person of interest....... I had no rights even as USA born and raised here.......

Our case was also from a country of interest..... so it played a big part of the drama....

[yeiser 0]

A simple google search of "i-751 late filing" produces quite a bit of useful links.

Here is what I gathered.

Since you have now filed your I-751, following will happen.

you will get NOA for your I-751, extending your permanent resident status for one year.

You will likely be called in for an interview at a local office of the USCIS.

Whether the late filing is accepted or rejected will depend on the reasons you give for

the late filing and the immigration officer's determination of whether those reasons show good cause

OR/AND

you will get a notification that you have failed to remove conditions.

You will also receive a Notice to Appear at a hearing. At the hearing you may review

and rebut the evidence against you. You are responsible for proving that you complied

with the requirements. The Service is not responsible for proving that you did not comply

with the requirements

So it seems likely that you will be called for an interview or a hearing. If I was you, I would

definitely get a lawyer to accompany me.

On the brighter side, I seriously doubt agents will come barging through your door, unless you

have some criminal record or your name pops up in one of their watch lists.

Good luck

[Twomoles 8]

A simple google search of "i-751 late filing" produces quite a bit of useful links.

Here is what I gathered.

Since you have now filed your I-751, following will happen.

you will get NOA for your I-751, extending your permanent resident status for one year.

You will likely be called in for an interview at a local office of the USCIS.

Whether the late filing is accepted or rejected will depend on the reasons you give for

the late filing and the immigration officer's determination of whether those reasons show good cause

OR/AND

you will get a notification that you have failed to remove conditions.

You will also receive a Notice to Appear at a hearing. At the hearing you may review

and rebut the evidence against you. You are responsible for proving that you complied

with the requirements. The Service is not responsible for proving that you did not comply

with the requirements

So it seems likely that you will be called for an interview or a hearing. If I was you, I would

definitely get a lawyer to accompany me.

On the brighter side, I seriously doubt agents will come barging through your door, unless you

have some criminal record or your name pops up in one of their watch lists.

Good luck

Thank you Yeiser, makes sense, you are the voice of reason.

I will wait for NOA and see what happens, if hearing will be necessary and I will have to prove my case, I will turn towards legal advice, and gather all possible and impossible evidence.

Worth to remember, that in all this process the main question and biggest concern No1. for USCIS is - if this is not fraud, and they are more concerned if the red flags pop out about this not being bona fide relationship.

So maybe delayed filling for them is a red flag, but if there is normal reason for delay, which is not related with my marriage, with good lawyer I should be able to prove that.

I would appreciate sharing of links. For the most part, I based my conclusions what I red in the field manual.