Foam

Dear Shamandvel,

I am now in the same situation you found yourself eight months ago: I realized that we were supposed to file I-751 ONE MONTH ater the deadline. We immediately filed I-751, but it bounced back b/c it was filed late and without explanation of the late filing. I am really freaking out!..

The fact is, I did know that we were supposed to file that thing, but all year was a real nightmare, with my husband's heart attack and my having to care for him and go to school. So I just forgot!..

I am now writing the explanation without any clue as to what a "good cause" might be.

How did it go with you? Did they finally accept your I-751? (i hope so!)

Please, I would be endlessly grateful for any response!..

Foam

ian-mstm

Since you did not file the I-751 on time, you became immediately removable from the US the day after your GC expired. You are allowed to file late but only if you can demonstrate the late filing was "due to extraordinary circumstances beyond your control and that the length of the delay was reasonable." Make an appointment with an experienced immigration attorney *now*. This is a serious situation and not beyond repair... but you need guidance.


While you *did* give good reasons for your preoccupation... "I just forgot" isn't a good reason. Use the other ones... they sound better! You'll probably also need documentation to support those reasons. That said, you do indicate that you knew you should have filed sooner... so, get with an attorney.

Ian

Bluegrass Lass

I always thought that card may expire, but not your status. Is this different in regards to a CPR?

Noorah101

Yes. If you are a CPR, you must file the I-751 within the 90-day window in order to maintain your status. If you do not, you can become deportable.

Once you are an LPR, your card might expire, but your status does not.

Rene

Just Jenney

Just to add further clarification here...

If you file your I-751 within the 90-day window, you'll get a receipt notice which is valid for one year. Your green card will expire but this notice keeps your status valid for that extra year.

~ Jenney

meauxna

And even more clarification... the letter is but evidence of status. If the letter blows away in a tornado or simply never arrives, the status is still valid (if I-751 is filed 'correctly').

Just Jenney

True, BUT... If the letter is lost or blown away by a tornado, the status is STILL only valid until the expiration date on that letter. Which could be tricky if you don't know what that expiration date is because the wind ripped the letter out of your hands while you were standing outside holding it in the middle of a tornado like an idiot.

Top THAT, sister!

~ Jenney

Rete

Actually the status remains valid with or without material proof until an immigration judge deems it rescinded. The letter or card is only material proof. The resident can always get material proof of their status for use in employment (if they did not have the legend removed from this social security card) and for travel.

For example, if an I-751 takes two years to be adjudicated (ours was 20 months) you are not out of status once the letter's one year extension expires. You just have no material proof on your person to prove this. You can go to the district office and obtain proof in form of an I-551 in your passport. If the clerk says, who told you we do this, ask politely to see a supervisor and you will get your proof.

Just Jenney

Ok, I stand corrected.

~ Jenney

meauxna

<hugs>
I'm glad we don't get tornadoes here. Did you know it snowed at sea level here yesterday?

Sec. 216.3 Termination of conditional resident status

I think that's the right page, but no guarantees today. Brain freeze.

andyfletcha

Hi
I am about to embark on this fun process and would be grateful for any help. Does anyone know how to go about getting the fingerprints done for the FD 258. Is there anywhere other than the USCIS office to get them done + do I need an appointment?
Also once I have the reciept of my I-751 can I re-enter the US without my spouse?
Thanks
Andy

Noorah101

I don't know about an FD-258, but after you file the I-751 you will receive a biometrics notice in the mail. It will give you the time and place to go for your fingerprinting. They are specific locations, usually called ASC office (not the main USCIS building).

You will also receive a 1-year extension letter in the mail. Once you have the 1-year extension letter, you can use that plus your green card (even if it's expired) plus your unexpired passport, to travel overseas. Your USC spouse does not need to be with you.

Rene

ian-mstm

As long as you have a valid travel document (AP or GC, for example) you have *never* needed your spouse when entering the US.

Ian