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-   -   When to file I-751 (https://britishexpats.com/forum/marriage-based-visas-35/when-file-i-751-a-738575/)

purplekitty Nov 11th 2011 2:24 am

When to file I-751
 
Right now, we have a sizeable pile of paperwork gathered for the I-751 (bank statements, mortgage, HUD-1, deeds, car title & registration, tax transcript, medical beneficiary info, pictures, cards, personal statement, etc... we think we have more than enough documentation at this point)

We figured out 90 days before the conditional green card expires is Thanksgiving week (and we're just not keen on this getting lost with holiday cards).

How picky is USCIS about when the I-751 is filed?
If we send this in a week earlier than the 90 days, will someone look at it and say "sent too soon, send it back"? will it end up in a "to do later" pile and possibly forgotten? or will they say "close enough" and accept it?

Also, we've received 2 reminder notices in the past 2 weeks from USCIS.

Biggest concern on our part is when we get the year extension letter as the driver's license runs out based on the green card date, and we'd have to go back to the DMV with the extension letter, have them fax it somewhere, and then we'd have to wait to hear back on whether they will accept the documentation and extend the license. In theory, they should, but it will take time so we need to factor that into the timeline equation.

Thanks for your help!

This forum is great and has been a great help to assemble this package, as well as getting us through previous rounds of forms.

--pk

Noorah101 Nov 11th 2011 3:51 am

Re: When to file I-751
 

Originally Posted by purplekitty (Post 9726572)
How picky is USCIS about when the I-751 is filed?

Pretty picky. You are given a 90-day window in which to file the I-751, and it must not be filed before those 90 days. Sometimes it can be filed after those 90 days without consequences, but you have to explain why you filed late...and it's up to USCIS to accept it or not.


If we send this in a week earlier than the 90 days, will someone look at it and say "sent too soon, send it back"?
Yes.

File it during the correct 90-day window only.

Rene

ian-mstm Nov 11th 2011 12:16 pm

Re: When to file I-751
 

Originally Posted by purplekitty (Post 9726572)
We figured out 90 days before the conditional green card expires is Thanksgiving week (and we're just not keen on this getting lost with holiday cards).

You have about 3 months (read = 90 days) in which to mail the I-751. The earliest you can file is 90 days prior to the expiry date, but you do not have to send it exactly 90 days prior to the expiry date. You've got 90 days!



If we send this in a week earlier than the 90 days, will someone look at it and say "sent too soon, send it back"?
Yes, that's exactly what will happen. It'll be rejected for being filed too soon.

Ian

jeffreyhy Nov 11th 2011 2:39 pm

Re: When to file I-751
 
So don't mail the I-751 Thanksgiving week - file it a week or two after.

Originally Posted by purplekitty (Post 9726572)
Right now, we have a sizeable pile of paperwork gathered for the I-751 (bank statements, mortgage, HUD-1, deeds, car title & registration, tax transcript, medical beneficiary info, pictures, cards, personal statement, etc... we think we have more than enough documentation at this point)

We figured out 90 days before the conditional green card expires is Thanksgiving week (and we're just not keen on this getting lost with holiday cards).

Not very picky at all - they give you a 90-day window.

Originally Posted by purplekitty (Post 9726572)
How picky is USCIS about when the I-751 is filed?


Of course they will - you clearly do not meet the requirements to file at that point.

Originally Posted by purplekitty (Post 9726572)
If we send this in a week earlier than the 90 days, will someone look at it and say "sent too soon, send it back"?

There is no such "pile". And there is no "close enough" - you either meet the requirements to file or you don't, and with a few clearly defined exceptions one does not qualify earlier than 90 days prior to 2 years a PR with conditions.

Originally Posted by purplekitty (Post 9726572)
will it end up in a "to do later" pile and possibly forgotten? or will they say "close enough" and accept it?


welshgirl1 Nov 11th 2011 9:23 pm

Re: When to file I-751
 

Originally Posted by purplekitty (Post 9726572)
Biggest concern on our part is when we get the year extension letter as the driver's license runs out based on the green card date, and we'd have to go back to the DMV with the extension letter, have them fax it somewhere, and then we'd have to wait to hear back on whether they will accept the documentation and extend the license. In theory, they should, but it will take time so we need to factor that into the timeline equation.


--pk

I dont know if someone else on here has mentioned the DMV faxing the extension letter off somewhere, but for me it was quicker and easier than getting the license in the first place...the lady took it off me, looked at it and handed it right back. The whole visit to DMV was less than 15 mins. I am not sure why they would not accept it. My experience was in Northern Virginia.

purplekitty Nov 13th 2011 12:05 am

Re: When to file I-751
 
Thanks much, everyone!

We'll find a safe place to put the papers to keep the turkey gravy from getting on them ;)

-pk


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