Attention N-400 cannot be filed 90 days before 5 yrs

S

stonewall

Registered Users (C)
Just got rejection of N-400 filed on 2/8/10 (GC since 5/9/05) since it was 90 days ahead of 5yrs anniversary. Called customer service and was told that N-400 can be filed 3 months before 5 yrs anniversary on a same date. That is: we should have filed on 2/9/10. So we have to do it all over again since we were 24hrs early!
 
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That really sucks. Are you sure that your GC is since 9/5/05 or did you mean 5/9/05?

If it is September 5, 2005, you can't file until June 2010.
 
stonewall said:
Sorry for the confusion, I am kinda upset - the correct date is May 9 2005.
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No problem. I could understand the frustration. The good thing is that USCIS returned it to you without too much delay. It could have been worse considering how USCIS moves things.

Not sure if you filed form g-1145 with N-400. If not, it is a good idea to add it for text/email notification. Good luck.
 
upandwaiting said:
No problem. I could understand the frustration. The good thing is that USCIS returned it to you without too much delay. It could have been worse considering how USCIS moves things.

Not sure if you filed form g-1145 with N-400. If not, it is a good idea to add it for text/email notification. Good luck.
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Thanks for reminding me :)
 
So I am checking USCIS site again:

http://www.uscis.gov/files/form/n-400ins.pdf

and surprise surprise - they say 90 days, so we were not stupid and crazy - my son was rejected erroneously. So Fedex again, 3 weeks lost for NOTHING.

on page 2 of the N-400 instructions at uscis site:

"If you are applying based on five years as a Lawful Permanent Resident or based on three years as a Lawful Permanent Resident married to a U.S. citizen, you may apply for naturalization up to 90 days before you meet the ''continuous residence'' requirement."

This really sucks, doesn't it, have to pay Fedex again for nothing.

Called 800 and got instructions how to file a complaint, and that is what we are going to do - it is important that Phoenix USCIS knows some of its employees don't know the rules.
 
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stonewall, assuming the 5th year anniversary would be 05/09/10, and you filed 02/08/10, that would be 91 days or 1 day too early as you earlier reported. [edit:see later post]
 
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stonewall said:
Just got rejection of N-400 filed on 2/8/10 (GC since 5/9/05) since it was 90 days ahead of 5yrs anniversary. Called customer service and was told that N-400 can be filed 3 months before 5 yrs anniversary on a same date. That is: we should have filed on 2/9/10. So we have to do it all over again since we were 24hrs early!
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This has been emphasized again and again in this forum that it is 90 day not 3 months and it has been repeatedly
recommended in practice one should use 8X day (where x=1,2,...,9) rule to avoid this one-day difference dispute
with USCIS.

You are lucky the USCIS return the package. There hav ebeen reports that some in similra situation were not rejected
at the acceptances but were denied at the interview many months later with no refund
 
Sunny, WBH, thanks, it may be 1+ or 1- Is next Thursday in seven days or eight? I don't need an answer - obviously one have to take care and not apply before 88th day just to be on the safe side.
 
sunny808 said:
hmm, I counted backwards and 90th day back is 02/08/10. maybe stonewall does have a valid complaint.
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That is why you cna opften hear advice here that do not use 90-day rule. The standard advice in thsi forum is
Use 89-day rule for aggresssive people and 85-day rule for conservative people.
 
My 5 year date is 05/07/2010 and i applied on 02/06/2010,
the check was cashed on 02/17/2010,
I have yet to receive a NOA.
Maybe I applied one day earlier?
Is that what is holding up my NOA, because I have seen that most people have got their NOAs in 2-3 days after their check was cashed.
Havent got any rejection mail yet...
 
That's why I always recommend counting 85 days backwards instead of 90 in order to avoid this kind of complications.
 
My 5 year date is 04/18/2010 and i applied on 02/16/2010,
No checks are cashed in yet.
I applied thru USPS (46 cents stamp on it)
I was wondering whether it reached or not.

I'll let you know any updates on my case
 
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