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I 751 Adjustment of Status Date Mix up

I 751 Adjustment of Status Date Mix up

Old Dec 3rd 2004, 9:00 am
  #1  
Zik
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Default I 751 Adjustment of Status Date Mix up

Alright, I just made one of the biggest mistakes of this whole
process, a textbook example of when you should file the I751. Somehow
and in someway both me and my wife mis-calculated the date for the
countdown of the 90 days and now we are exactly one month late. I am
going tomorrow to the post office to send my application package but
right now we are at 60 days instead of 90 before my conditional green
card expires. I am going through Texas Imigration office and another
thing, i have changed my address from upstate NY to Texas and
therefore there will probably be more delays because of that. I guess
my question/concern here, does anyone have any experience with Texas
Service Center or know if they will still be able to send me the
approval notice before my green card expires.

The other question, in case they don't respond back in time... What
should i do? I remember reading before that i will need to go to the
Local INS Office and try to get an extension on my green card... Any
feedback will be greatly appreciated.

Thanks,

Zik
 
Old Dec 3rd 2004, 1:46 pm
  #2  
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Default Re: I 751 Adjustment of Status Date Mix up

Originally Posted by Zik
Alright, I just made one of the biggest mistakes of this whole
process, a textbook example of when you should file the I751. Somehow
and in someway both me and my wife mis-calculated the date for the
countdown of the 90 days and now we are exactly one month late. I am
going tomorrow to the post office to send my application package but
right now we are at 60 days instead of 90 before my conditional green
card expires. I am going through Texas Imigration office and another
thing, i have changed my address from upstate NY to Texas and
therefore there will probably be more delays because of that. I guess
my question/concern here, does anyone have any experience with Texas
Service Center or know if they will still be able to send me the
approval notice before my green card expires.

The other question, in case they don't respond back in time... What
should i do? I remember reading before that i will need to go to the
Local INS Office and try to get an extension on my green card... Any
feedback will be greatly appreciated.

Thanks,

Zik
You need to apply for removal of conditions (I-751) WITHIN the 90 day period before your conditional gc expires. If you are filing 60 days before your gc expires, you are fine. You just can't file after your gc expires or earlier than 90 days before it expires.
After you file the application you will recieve an I-797 receipt from the UCIS showing your receipt date and explaining that your conditional resident status has been extended for 1 year. THis receipt along with your expired gc is perfectly acceptable proof of your cpr status and good enough for travel etc.
If after 1 year from the date of your filing the I-751 they have not adjuticated your petition yet, you may then go to the local USCIS office and get a stamp in you passport.
I don't have experience with Texas, but as far as change of address is concerned I would cover all bases, fill out and send in the AR-11, call the misinformation line and report your change of address and write to the Texas Service Center and inform them.
Good luck.
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Old Dec 4th 2004, 1:09 am
  #3  
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Default Re: I 751 Adjustment of Status Date Mix up

Originally Posted by chiguedna
You need to apply for removal of conditions (I-751) WITHIN the 90 day period before your conditional gc expires. If you are filing 60 days before your gc expires, you are fine. You just can't file after your gc expires or earlier than 90 days before it expires.
After you file the application you will recieve an I-797 receipt from the UCIS showing your receipt date and explaining that your conditional resident status has been extended for 1 year. THis receipt along with your expired gc is perfectly acceptable proof of your cpr status and good enough for travel etc.
If after 1 year from the date of your filing the I-751 they have not adjuticated your petition yet, you may then go to the local USCIS office and get a stamp in you passport.
I don't have experience with Texas, but as far as change of address is concerned I would cover all bases, fill out and send in the AR-11, call the misinformation line and report your change of address and write to the Texas Service Center and inform them.
Good luck.
I did the same thing I filled my I-751 with the California office about 60 days before my experation date. I got my NOA with plenty of time to spare. I also had to send in an AR-11 there is also a change of address for your spouse so I sent that it too I can't remember what the form # was though, but I got both forms of off the INS web site. I hope this helps.
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Old Dec 4th 2004, 2:02 am
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Default Re: I 751 Adjustment of Status Date Mix up

Originally Posted by kwisking
I also had to send in an AR-11 there is also a change of address for your spouse so I sent that it too I can't remember what the form # was though, .
Sponsors, or those who have signed Affidavit of Support I-864, are required to notify USCIS of their change of address (not to be confused with adjustment of address) by using form I-865.
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Old Dec 4th 2004, 7:22 pm
  #5  
Zik
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Default Re: I 751 Adjustment of Status Date Mix up

meauxna <[email protected]_expats.com> wrote in message news:<[email protected] om>...
    > > I did the same thing I filled my I-751 with the California office
    > > about 60 days before my experation date. I got my NOA with plenty of
    > > time to spare. I also had to send in an AR-11 there is also a change
    > > of address for your spouse so I sent that it too I can't remember what
    > > the form # was though, but I got both forms of off the INS web site.
    > > I hope this helps.
    >
    > Sponsors, or those who have signed Affidavit of Support I-864, are
    > required to notify USCIS of their change of address (not to be confused
    > with adjustment of address) by using form I-865.

Everyone, thank you for the valuable feedback. The change of address
was done about a year ago and I had all the forms, for myself and my
wife, who is my sponsor, completed and sent to the Local USCIS offices
and the VSC and TSC..
I guess my question remains to be if they don't send me the I797
Approval notice before my GC expiry date, will i be out of status
during the period of GC expiry date and date of receipt of the I797,
and if so what can I do to prevent that from happenning? I don't feel
comfortable in an out of status situation even if it was for a single
day.

Thanks,

Ziad
 
Old Dec 4th 2004, 8:02 pm
  #6  
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Default Re: I 751 Adjustment of Status Date Mix up

Originally Posted by Zik
I guess my question remains to be if they don't send me the I797 Approval notice before my GC expiry date, will i be out of status during the period of GC expiry date and date of receipt of the I797, and if so what can I do to prevent that from happenning? I don't feel
comfortable in an out of status situation even if it was for a single day.
An I-551 is automatically extended until the I-751 is adjudicated (assuming the I-751 was filed properly and timely). Proof of USCIS having received the I-751 includes the return receipt and/or the canceled check.
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Old Dec 4th 2004, 8:24 pm
  #7  
 
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Default Re: I 751 Adjustment of Status Date Mix up

Originally Posted by Zik
Everyone, thank you for the valuable feedback. The change of address
was done about a year ago and I had all the forms, for myself and my
wife, who is my sponsor, completed and sent to the Local USCIS offices
and the VSC and TSC..
I guess my question remains to be if they don't send me the I797
Approval notice before my GC expiry date, will i be out of status
during the period of GC expiry date and date of receipt of the I797,
and if so what can I do to prevent that from happenning? I don't feel
comfortable in an out of status situation even if it was for a single
day.

Thanks,

Ziad
Z, just hang tough for a few days. We too filed later than I liked, but got our receipt within one week. If you sent your 751 in by trackable mail, save your receipt from that as proof of when you filed/when it was received.

As I understand it, the card expires, not your status.
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Old Dec 5th 2004, 3:16 pm
  #8  
Zik
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Default Re: I 751 Adjustment of Status Date Mix up

That made me feel a lot better, again thank you all for the feedback.
 

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