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Thread: I-751 very, very late

  1. #1
    It's more than two years since I should have filed an I-751 for my wife, but I'm now ready to help her get her status straightened out. FYI, we have lived together ever since she came here on her fiance visa. There is no reason that USCIS would consider valid for this much of a delay. The I-751 does not seem to apply to us anymore. There is no check box (a-g) in part 2 that really applies to her situation. I called USCIS today and was told that at this point, I need to file an I-130 and I-485. Does that seem right?

  2. #2
    It's more than two years since I should have filed an I-751 for my wife, but I'm now ready to help her get her status straightened out. FYI, we have lived together ever since she came here on her fiance visa. There is no reason that USCIS would consider valid for this much of a delay. The I-751 does not seem to apply to us anymore. There is no check box (a-g) in part 2 that really applies to her situation. I called USCIS today and was told that at this point, I need to file an I-130 and I-485. Does that seem right?

  3. #3
    Hi David,

    Welcome. I found one answer on this website:

    http://research.lawyers.com/as...Form-I-751-6583.html

    Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency. Residency terminates on the two year anniversary of the grant of residency, if an I-751 has not been filed. So you are technically out of status for failure to file an I-751, and clearly, you are not authorized to travel or work at this time.

    Filing of the I-751 immediately with a full explanation of why you did not timely file it is one thing you can do at this point. The filing will generate a receipt which will extend your residency for one year, during which time 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. Also be prepared to prove the continuing bona fides and viability of your marriage by presenting joint ownership of property, joint tenancy, commingled assets, and so forth.



    Good luck to you.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Davidvcp:
    .. was told that at this point, I need to file an I-130 and I-485. Does that seem right? </div></BLOCKQUOTE> yes, it does... late filing may be accepted if there is a good reason, but as you noticed, I don't know what would justify being late 2+ years.
    So, basicly, your wife's status was terminated, and you need to petition for her all over again. Your wife should not leave the country before she has a new GC in hands...

  5. #5
    2 choices

    Find an immigration attorney that is creative and file the 751 with a valid excuse for the late filing.

    Result is same... just weigh the difference in costs.

  6. #6
    Thanks for the replies. To those of you who suggest that I file the I-751, do you suggest that I check box a in Part 2 -- that my wife and I file the I-751 jointly? Are you saying that there is no risk of the form being "rejected" automatically because we are outside the time frame for proper joint filing? That was my only concern (the only thing that confused me) when I sat down to fill out the I-751. The instructions are clear in that we can only file jointly in a specific time period.

    Looking forward, if we go the I-751 route, and if my wife is asked to leave the US, would we have an opportunity to file the I-485 and I-130 before the deadline for removal?

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Davidvcp:
    Thanks for the replies. To those of you who suggest that I file the I-751, do you suggest that I check box a in Part 2 -- that my wife and I file the I-751 jointly? Are you saying that there is no risk of the form being "rejected" automatically because we are outside the time frame for proper joint filing? That was my only concern (the only thing that confused me) when I sat down to fill out the I-751. The instructions are clear in that we can only file jointly in a specific time period.

    Looking forward, if we go the I-751 route, and if my wife is asked to leave the US, would we have an opportunity to file the I-485 and I-130 before the deadline for removal? </div></BLOCKQUOTE>
    You really need the instructinos to I-751, first page, second column, first paragraph: <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable. </div></BLOCKQUOTE>

    You will mark box 1a in part one of the form and attach a statement why it was not your fault (reasonable cause). reasonable cause could be medical or financial. If no reasonable cause, then you will need to file Form I-130 and I-485.

    It will depend on your reason why you have not filed that will determine whether the I-751 is rejected or accepted.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Davidvcp:
    Thanks for the replies. To those of you who suggest that I file the I-751, do you suggest that I check box a in Part 2 -- that my wife and I file the I-751 jointly? Are you saying that there is no risk of the form being "rejected" automatically because we are outside the time frame for proper joint filing? That was my only concern (the only thing that confused me) when I sat down to fill out the I-751. The instructions are clear in that we can only file jointly in a specific time period.

    Looking forward, if we go the I-751 route, and if my wife is asked to leave the US, would we have an opportunity to file the I-485 and I-130 before the deadline for removal? </div></BLOCKQUOTE>

    Noone here has suggested that you file 751 joint as your decision. As I told you, you have two options.

    Find an experiened immigration attorney to file the 751 joint for you with a VALID reason for the late filing. expect an interview 4sure. You have hinted to us that there is not any particular reason for not filing timely, so you cannot file this petition by yourself because you do not know what reason will "fly " with the director in order for the late petition to be accepted. Attorney needed.

    or

    start over and file the adjustment of status package AGAIN . This you can do yourself and just pay the petition fees again which are much higher now than when you first applied.


    Either way, she will get a permanent 10yrs card because you have been married more than 2 years if you apply for a new adjustment.



    Same result, just a matter of weighing the money options of which will cost less.

  9. #9
    It will be rejected for fraud. There is no legitimate reason for filing two years late. Obviously the marriage had ended or never existed. Sure you can file an I130 and 485, but those will also be rejected for fraud.

    Give us the whole story. Why is this so late? How long have you been separated? Were you ever married? How long did you reside together?

  10. #10
    For those who replied without questioning my truthfulness, thank you. I can now see the rationale for filing the I-751. In fact, my wife and I have remained married and living together since her arrival in the US (in fact, we are at Disneyland now, on vacation with our two children). The circumstances that got us to this point (not at Disneyland, but with the US gov't), while maybe not common, should not be unimaginable. But I won't say more about that here, at least not at this point. So, no fraud.

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