ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
All,
First, thanks for all the input. We are trying to take the positive input but we understand there is the potential for the negative to happen.

Second, I'd like to clear up the advice from the attorney, I would not classify posting a question to an online attorney as being "my attorney". If it comes to the point of requiring an attorney, it would not be an online attorney. For us, it was a weekend night, confused and hit the web trying to find answers. In an attempt to try and relieve some of the anxiety, we reached out to an online attorney for $38.

Now for our current update. Since we mailed our late I-751, and receiving our NOA1 on 4/25 and asking around, we are still getting 50/50 on my wife's late filing being accepted or being rejected. I also called the immigration toll free number. Knowing the toll free support for immigration services is basically a help desk, and that they respond off of scripts, we called them anyway just to hear what they had to say.

I talked to a very nice rep (after my wife gave him permission to talk w/me). I explained exactly what I have shared here. He said first off, anyone, even those who file within their 90 window can be denied due to a number of reasons. He said our filing still falls into that category. He also said we have one more reason for being denied seeing as we filed late. Saying that, he said that receiving the receipt with the 1 year extension was a positive action and that not everyone automatically received the receipt (per this rep, the online attorney was wrong). He also advised that we didn't travel and strongly suggested that we make an info pass appointment and talk with an IO. I had already done that prior to calling the toll free number. Our appointment is 5/15.

The rep also asked if we had received our bio appointment. I told him we had not. He said that receiving that was another positive step but did not guarantee that we would not be denied but it was a positive step. And he added that they don't just send out these appointments to everyone and that some level of review had occurred.

Prior to hanging up, I asked the rep, after qualifying my question as being off the record and totally not binding, what does he think our chances are of being accepted late. He said that quite a few late filings are accepted late, as long as they have a letter of explanation and aren't really late.

Today, 5/10, we received the bio appointment letter, form I-797C. My wife's appointment is on 6/1.

Having received the NOA2, we now have a number we can check our status. Our current status is in "Initial review". I believe this is the part where the rubber meets the road....

We are aware that all of this can go south in a hurry but we are optimistic that at least things are moving in a positive direction.

Cino, I understand the "It's the Law" thing and respect the law as well as your opinion. But I also know that going 65mph in a 55mph zone is speeding and the police do give out warnings sometimes even though you are breaking the law. I'm hoping the IO that reviews my wife's case is the warning type of IO and not the "it's the law" kind of IO.

During our meeting with the IO, we plan on asking:
1) His thoughts on our filing being accepted
2) His thoughts on travelling to Venezuela after my wife's bio appointment on 6/1, seeing as the processing time at the VSC is at 8 months as of today. (she only plans on being gone for 3 weeks).
3) If my wife does decide to travel (which at this point she isn't), what recourse do we have in the event that she gets denied while in Venezuela.
I'm all ears if anyone has any other questions we should ask the IO during our appointment.

Thanks again for all the input and I will provide an update after we meet with the IO on 5/15.

JP
jpaul18535MaleVenezuela2012-05-10 16:35:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
Vanessa & Tony, thank you very much for the positve post. We included a very honest, heart felt letter explaning why we were late. We took extra care to make sure we included more than what was required and had it organized with tabs and summarys of each section so the documents could be easily referenced as well as understood why we included them.

I am hoping that the IO that reviews our application is having a good day and that our late filing will be accepted. I feel confident that, beyond a shadow of a doubt, they will see that our relationship is real and that they would deny us the late filing because it was late and our reason why wasn't good enough.

Thanks agian to everyone that has provided input into my situation.
jpaul18535MaleVenezuela2012-04-30 17:42:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
Cino, thanks for the optimistic reply. I'm not the Vegas type so gambling on the fact that she can go to Venezuela and return prior to being denied isn't an option. It would be totally devastating to me and our children if my wife and the boys mother could not come back. I don't know what I would do.

It appears we should have just started over and not have filed the I-751. I agree that once a Judge sees us, talks to us, hears our story, it will be obvious we have a bona fide marriage and my confidence is very high that she will not be deported. Saying that, I know anything can happen when you go to court. I believe we made a very bad mistake due to the emotions of wanting my wife to see her mother befor she passes away. Take the 6 to 9 month window before the IO reviews and denies her I-751, then having to go to court and (being positive) being allowed to resubmit the ROC, we are probably 1 year out at best from getting this settled.

Thanks again for everone's input.

JP
jpaul18535MaleVenezuela2012-04-30 11:59:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
Barca, thanks, I've see that info b/4. Hind sight is always 20/20, now I'm need to deal with what I did do.

Rocks, thanks for the clarificaiton, that is how I understood it also but with everything going on right now, I'm not sure of much.

So, I understand the receipt now and that it just basically means they have received my wife's application and one of 2 results can happen:

1) We receive a denial and I have to engage an attorney, pay a lot of money and hope everything works out to our advantage.

2) They accept our late filing and all will be good.

Is there a point in time in the process that we know that they have accepted the late filing or actually denied it? I doubt they will send us a letter. I'm assuming a denial will result in us getting a fairly pointed letter with a court date to show up for deportation. If we receive the letter for the bio appointment, does that mean they have accepted the late filing? Or do we just have to wait, sitting on pins and needles, for the next piece of mail to come in?

My stomach is in knots. I left for work this morning with my wife still asleep. She went to bed excited about getting to go to Venezuela in the next couple of weeks. I have not shared any of this with her yet. What a Monday!!!

Thanks for everyone's input.

JP
jpaul18535MaleVenezuela2012-04-30 11:06:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
Also, I understand everyone receives a receipt. I would think that prior to providing a receipt that states your PR has been extended for one-year, some basic condiction would have to be met. Mayb I'm just trying to reach for something positive here. I've read on here that it has take some folks upto and even more than a year to recieve their formal approval and new greeen card. Are we looking at waiting up to a year to receive a rejection or do those come sooner than the approvals?

Thanks.
jpaul18535MaleVenezuela2012-04-30 09:23:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
Wow, that is not good. So, even though the letter says that you are extended and you may work and travel, you should not? If you do work or travel and the application is rejected, then you are in violation of the law.

Under these circumstances, does my wife have any options to travel "legally" to Venezuela to see her mom? Should we get an I-551 stamp?
jpaul18535MaleVenezuela2012-04-30 09:10:00
Removing Conditions on Residency General DiscussionWas my i-751 accepted or not??
We are confused, really confused at this point in time. We filed my wife's I-751 late (about 4 months late). We maile it on 4/21(Saturday, next day mail), it was received on 4/23. Our check cleared on 4/26. We received the I-797 stating "Your conditional resident status is extended for a period of one year." on Saturday 4/28.

Now to why we are confused. Knowing we were filing my wife's I-751 late, I did quite a bit of research on the web. I even engaged an "Ask and Immigration Attorney" service on the web and paid $38. I presented my wife's case to this attorney and she said that we should not file late because they are very rarely ever accepted, and that we should just start the entire process all over and save the time and the $590 I-751 filing fee. With my wife's mom in ICU in Venezuela and could pass any day now, we took our chances (against the attorney's advice) and submitted the I-751 late with a tremendous amount of documentation as well as a letter explaning our situatin and why we were filing late.

After receiving the I-797, we were so happy. My wife was planning her trip to Venezuela so she can see her mom in her final days. Remembering the advice of the on line attorney, I sent her a positive email yesterday tell her of our good news and that our late filing was actually accepted. She just replied to me saying that what I received was basically a reply form letter and that my wife's I-751 will be rejected once it gets reviewed. And she insists that I waisted $590 and that my wife should not travel outside of the US because she will not be able to get back in.

Is the I-797, Notice of Action actually an automatic reply to everyone that files an I-751? The attorney states that a clerk just accepts the money and issues a receipt (the I-797). And that once an examiner reviews her application, it will get denied.

I am planning on attempting to call Immigration services today to see what they have to say.

If anyone could share any insight on this, it would be greatly appreciated. We were planning on making my wife's reservations today but we are not now. I want to make sure we don't make a bigger mistake by having her visit her mother and not being able to re-enter the US. We have 2 children which will be staying w/me while she visits her mother and this would be devistating to say the lease if their mom could not come home.

Another question: The I-797 states that, "...during the one-year extension, you are authorized employment and travel.". Then is says "This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.". Since we filed late (her card expired 1/5/2012), was my wife's conditional resident status terminated?

Thank you in advance for support or advice.

JP
jpaul18535MaleVenezuela2012-04-30 08:47:00
Removing Conditions on Residency General Discussionlate for filing removal of conditions

Please note you and I had this discussion in another thread here: http://www.visajourn...ccepted-or-not/

You said in that thread:

So in the above thread you said that the OP's WOULD be rejected... even though the OP in that example already had an NOA1, just like the current thread's OP. You said the NOA1 meant nothing and went on to explain about your friend.. HOWEVER now in this thread you state that in your friends situation they simply got a rejection (not an NOA1)... so which is it?

Were you able to find out more about your friends case? Have you finally decided that late filing isn't ALWAYS going to end in going before a IJ? Have you decided that an NOA1 IS an acceptance of late filing? You can't have it both ways... I will be referencing this thread in the above thread so that they are tied together so people don't freak out seeing your advice there when it differs to the advice/results here.


Vanessa and Tony, thanks for jumping in here. I'm JP, from the thread you are referencing. I was raising my eyebrows in disbelief as to what Cino was responding. Almost a 180 from what he replied to me.

Ginmartini: Please keep positive. We filed my wife's I-751 4 months late and we just received our NOA2 (appointment for Bio) today. Also, please note that the attorney being referenced is not my attorney. We were pretty much in a panic mode on a weekend night and decided to reach out to an on line attorney to get their opinion.

Best to you and your case. Please continue to keep us posted as I am doing the same over in my thread.

JP
jpaul18535MaleVenezuela2012-05-10 17:28:00