We (me & my wife) are in a situation that her conditional permenant resident card was expired in june 2006. Do you think we will get our petition approved? When can I expect a reciept (Letter saying that you are authorized to work and travel) from the day we filed form I-751 (Exactly how many days from the day that you sent the petition). Please help.. A Million thanks in advance. We are scheduled to travel outside U.S within weeks. We are worried about the approval process more than Travel.
Any comments are appreciated..
We (me & my wife) are in a situation that her conditional permenant resident card was expired in june 2006. Do you think we will get our petition approved? When can I expect a reciept (Letter saying that you are authorized to work and travel) from the day we filed form I-751 (Exactly how many days from the day that you sent the petition). Please help.. A Million thanks in advance. We are scheduled to travel outside U.S within weeks. We are worried about the approval process more than Travel.
Any comments are appreciated..
Where the hell have you been? Buried under a rock? Didnt the immigration officer explained to you the IMPORTANCE of applying for removal of conditions 90 days prior to 2nd yr anniversary? You petition will or will not be approved. No one can give you an exact response that USCIS will offer you once they receive your application... .
Send the application for removal of conditions, and expect to be get a response in 10 days. If they give you a letter authorizing you to work and travel for a year, then you can travel in and out of the country while they review your application. However, if you dont hear back from them, DONT assume that border officers will understand that you wife forgot to renew your greencard, they are going to deport your wife.. If I were in your situation, I will scrap travel plans and wait for this matter to be resolved, or risk living without my wife, while I struggle to get her greencard reissued and renewed.
Send the application as soon as possible, plus solid evidence proving the bona fide aspect of your marriage...
We (me & my wife) are in a situation that her conditional permenant resident card was expired in june 2006. Do you think we will get our petition approved? When can I expect a reciept (Letter saying that you are authorized to work and travel) from the day we filed form I-751 (Exactly how many days from the day that you sent the petition). Please help.. A Million thanks in advance. We are scheduled to travel outside U.S within weeks. We are worried about the approval process more than Travel.
Any comments are appreciated..
OMG... How could that happen??? It is important, it is vital, it should be a priority in your life to file I-751 90 days before your conditional card expires.
They wont approve your I-751 now, because your wife is not eligible for the removal of conditions any more. Shes now illegal. Unless you had a seriou-serious-serious reason not to file 90 days prior to the conditional card expiration date (like a serious illness and hospitalization), your I-751 will be denied.
Get a lawyer immediately. You may have to file I-485 again.
if you didnt submit the removal of conditions application when you were supposed to, most likely she will be denied and you will have to start the i-485 nightmare all over again. dont even think about travelling right now. if you did submit it before her GC expired and you are waiting for the Notice, then its been some time so you need to call them up.
here is the law:
"What if I am Late in Applying to Remove the Conditions on Residence?
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and 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 USCIS is not responsible for proving that you did not comply with the requirements).
The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status."
Expired Conditional Resident Card Renewal Process