90 day rule - application rejected

Jackolantern said:
The "waiting" they did probably was unintentional. Your application may have been lingering under some pile of junk for days without anybody noticing or stamping it, so by the time they opened your app it may have already been past the 2/17/09 cutoff. So maybe it's not a matter of skirting the rule, it's just that they don't really know when the package really arrived. They wouldn't deliberately give you a chance like that.

Other people have been affected by similar time lags in other ways; for example, they file an I-485 and the Fedex tracking shows it physically arrived on a given date, but then the receipt date is a week or two later than that.
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Ok so it makes more sense then....Like I said I was surprised myself, I had already prepared a second package after I realized the mistake.
 
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brb2 said:
I read on this board a few years ago about a person whose early date was not caught until the oath date. Promptly the IO rejected the application with the rider that not catching the mistake earlier does right it or legalize the error. So don't count your chickens yet.
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Very unlikely in Frisco's case, as the PD that was given satisfies the date criteria. Somebody would have to go back and dig through the paper files to notice that it actually arrived so much earlier than the PD, and doing that won't necessarily reveal it, given that they didn't notice it in the first place when assigning the PD. But still it's true that anything can happen and you don't know for sure until the natz certificate is in hand.
 
Jackolantern said:
Very unlikely in Frisco's case, as the PD that was given satisfies the date criteria. Somebody would have to go back and dig through the paper files to notice that it actually arrived so much earlier than the PD, and doing that won't necessarily reveal it, given that they didn't notice it in the first place when assigning the PD. But still it's true that anything can happen and you don't know for sure until the natz certificate is in hand.
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Yes, you are right. I will keep you guys updated, we'll see if that goes through, there is not much that I can do now anyways..
 
immigrant7777 said:
It was 3-years marriage rule however speration was ended years ago they get back together. However, they normaly subtract separated days from your total days which may make him not eligible to apply and wait at least 30 more days before apply.
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If it was not a legally registered separation, and they were no longer separated at the time of the interview or the time of filing the N-400, I figure the IO has the discretion to ignore a short separation period like that.
 
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WBH said:
The supervisor can still see the date line of Part 11 of teh N-400 form
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They're supposed to care about the date the N-400 arrived at USCIS, not the signing date. However, occasionally there are some incompetent employees at USCIS who will (wrongly) reject the application because of the signing date being before the 90th day, even though the application arrived after the 90th day. That's why it's safest to make sure the postmark date and the signing date and are both at least a couple days after the 90th day.
 
immigrant7777 said:
When did you read this? Do you have a link? I am reading this board since 2002 (may be earlier than) and don't remember anything like that. It may have some other issues such as PD may not matching 90 days rule etc. Frisco's case seems very straight forward and I don't think this kind extreme accidents will happen to him.

http://forums.immigration.com/showthread.php?p=1637359#post1637359

If this is the one you mentioned above, it is not clear what happened this person's friends sister and rejection happened because because she had applied 2 weeks earlier than the eligible date. It is not explaining what was the PD date, N400 sign date etc.
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There have been cases were applicants were denied (after being recommend for approval at interview) for filing early due to a discrepancy between date on GC and date in USCIS system.

http://forums.immigration.com/showthread.php?t=71177
 
If you lose your money, may be you deserve to..

I dont see the point in applying early because you can't wait. USCIS is already generous enough to give you 3 month heads up time.
 
My application was received on day 92 before 3 yrs. Checks are cashed and hoping it will go through process...
 
my application was received on may 11th while my GC date is May 11th 2006. I just simply subtracted 3 months from august 11th 2009. I should have counted 31 days in may and july.. Simple mistake makes a big trouble
 
dolly75 said:
Thanks everyone for the response. I applied for citizenship on April 27,09 and it was retured back to me on May 11,09 .On the NOA i saw the priority date of 04/29/09.

I don't know how they calculated the date. But i guess their calculation was indeed correct. I received my Green card on 08/03/2004 and should have applied on May 05,09 instead April 27.

How long should I wait now? Also, I had gone to india twice in last five years and total number of 55days outside of US . Should I wait 55 days before re-applying.
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The 55 days you spent in India count against your physical presence. The 90-day rule is for the 5-year continuous residence. To answer your question, you don't need to wait 55 days before re-applying.

You may re-apply anytime unless advised otherwise by USCIS in the returned package.

Check out www.timeanddate.com for date calculation.
 
If you are iPhone/iPod touche owner/user, then there is an app called "Days Until". It will tell you how many days left until your date.
 
Ypou still have to calculate the 90 days (subtraction from 5 year date) and then the app tells you how many days left to file... doesnt solve the problem of 90 day miscalculation...
 
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