Can my I-751 be denied if filed late due to incorrect fees?

Question

I initially submitted both the I-90 and I-751 applications within the 90-day period before my green card expired, but they were returned by USCIS due to incorrect fees. By the time I corrected and resubmitted them, I was outside the 90-day deadline. Eventually, USCIS extended my green card for 24 months. Recently, I received a notice indicating the I-90 might be denied due to it being filed late, and I've received no correspondence about the I-751 status. My marriage remains legitimate, and I provided evidence with my application. Can the I-751 also be denied under these circumstances?

Monica E Rottermann · Answer

To remove the conditions on your residency status you would only have had to file Form I-751, you are not required to file Form I-90 at that stage. Perhaps you misread the notice you received regarding why your I-90 was being denied.  
 
In terms of late filing an I-751, USCIS has the ability to approve the late filing for good cause. If you did not provide an explanation for why the petition was late-filed when you submitted the filing, USCIS should issue you a request for evidence (RFE) asking for an explanation. You can read more about late-filing an I-751 petition here: https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3 
 
Also if you check USCIS processing times of I-751 petitions, they are taking 24-29 months to be processed: https://egov.uscis.gov/processing-times/

James L. Arrasmith · Answer

Your I-751 can still be approved even if it was filed after the 90-day window, especially if there was a reasonable explanation like incorrect fees. USCIS does have the discretion to accept a late filing when there’s a good cause, and your situation—submitting on time but having it returned—shows you tried to comply. Be sure to keep any documentation that proves your original submission date and the reason it was returned. 
 
The fact that your green card was extended for 24 months is a good sign. That typically happens when USCIS accepts the I-751 for processing, even if it was late. Still, the delay might slow things down or trigger additional scrutiny, but it doesn’t mean an automatic denial—especially if your marriage is real and your evidence is strong. 
 
You might not hear much about your I-751 for several months, as processing times are long. The I-90 being flagged is separate, since that form isn’t required if you're removing conditions with the I-751. Stay calm, gather all your records, and if needed, you can follow up with USCIS to check the status. Your effort to fix the issue and provide full documentation will work in your favor.

Q: Can my I-751 be denied if filed late due to incorrect fees?