I-751 and employment

[casa1964]

If your conditional 2 year GC expires before you receive the notice of the I-751 (which grants you an extension for another year to work and travel), do you have to file I-765 so that you can continue employment legally?

I am aksing because I filed the I-751 late (few days after GC expired) and I also filed the I-765 to make sure my wife is authorized to work.

Thanks for your help!

[PraetorianXI]

her troubles are bigger than whether she can work or not... you better have a good reason to be filing i-751 late.

either way she did not need i-765... it can not be approved.

[casa1964]

her troubles are bigger than whether she can work or not... you better have a good reason to be filing i-751 late.

either way she did not need i-765... it can not be approved.

Yes, I know it is a big mess that I created. I did send an explanation that we simply did not know about the I-751, and we thought that we only had to file i-485 again. We have a solid marriage, our son is 2 years old and we own a house together. An attorney told me that 9 out of 10 the uscis or majestry would excuse a late filing if there is a child involved and the marriage is bonified.

Thanks for your advice.

[PraetorianXI]

Assuming she gets her I-751 receipt. She does not have anything to worry about employment. Her status is still that of a permanent resident until it is revoked by USCIS.

[casa1964]

her troubles are bigger than whether she can work or not... you better have a good reason to be filing i-751 late.

either way she did not need i-765... it can not be approved.

I just want to report back with some good news. Our letter of explanation for filing the I-751 late (30 days late) was accepted by the USCIS (California) and today my wife received one year extension (good for travel and employment), it only took 2 weeks after the filing to get the notice back from the uscis. for other people out there, below is the letter we sent them, I hope this helps someone out there like this forum helped me out.

Dear USCIS examiner:


Please accept our sincere apologies for not completing the I-751 form according to the USCIS guidelines (90 days prior to the second anniversary), we failed to meet this deadline simply because we did not know this step of the process and was only brought to our attention by an immigration officer when my wife showed up for her finger prints on 05/28/2008 at the uscis office. We regret this event and therefore offer our sincerest apologies.
Thank you for understanding.

Enclosed please find a JOINT I-751 petition for removal of conditions of permanent resident status regarding my wife, (name here), please also find a check for $545.
My wife entered the US on a K-1 visa. We are all happily living together and as we come close to celebrating the second birthday of our son (name here) now 23 months old, we kindly request that this petition be accepted for removal of conditions on the residence of my wife (name here).

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• Copies of the passports and green cards of (name here) (Wife)
• Two sworn affidavits by two of our closest friends, attesting to our marriage.
• Copy of the joint tax filing statement for 2007, 2006 and 2005.
• Recent statements from our joint checking and savings accounts with Chase Bank.
• Copies of our vacation plane tickets to (destination here) (December 2006) with our son.
• Photos of our family vacation in Florida (October 2007).
• Copy of the title agency which administered the closing on the purchase of our house.
• Copy of birth certificate of our son


You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.


Sincerely,

[PraetorianXI]

Congratulations. No need to worry now.