I am a US citizen by birth, and my wife of 5 ½ years is in the process of becoming a resident. She got her conditional permanent residency a little more then 3 years ago, and we did not file the I-751 when we were supposed to (within 90 days of the 2 year anniversary). We missed the deadline because we forgot about the condition on her permanent resident. The I-751 instructions are pretty specific that the paperwork must be filed within 90 days, and there must be "extraordinary circumstances" if it is not filed in time. My question is what form should we fill out?? Should we file the I-751 with an explanation that we missed the deadline, or do we need to re-file the I-485? I am looking for advice and understand that any response you could provide would strictly be informative.
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You need to consult an attorney. Your wife's green card is already expired. She is out of status for 3 years.
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