Application returned by USCIS

A

Aniket19

Registered Users (C)
This is my first time here. I have question regarding my wife.
She has Green Card since 01/01/2001. She applied for Citizenship end of last month on 09/29/05. Application was sent by express mail and USCIS received on 09/30/05. Today she got her application returned and the excuse is she has not finished her 4 years and 9 months yet.
According to us there was a day less in 4 years and 9 months since she got the Green Card.
My questions are
1-Can they refuse application for just a day ot two.
2-May be USCIS made mistake in counting days.
3-Since now it is more than 4 years and 9 months can she apply and send the same application again or need to change the first page (they put the received stamp) and last page (last page has date) of the application.

Members please share your knowledge.
Everyone thaks in advance.
 
yes they can return the application even if it is one day earlier. You will need to apply again
 
Sorry Anniket ... if the USCIS received the application before last Monday (10/03/05) it would have to be returned according to the 90 day - rule. I heard though about some inconsitent (USCIS) documentation with regard to three months and 90 days.
For others: It is best to check your dates with Excel. Don't mail it before you within the 90-day window. A day more or less should not matter anyway - to you, the USCIS DOES care.

Alex
 
To Aniket19

Based on 5 years rule( 4 years and 9 months),your wife is supposed to apply for citizenship in 10/01/2006 instead of 09/30/2005.She's resident since 01/01/2001.To make 5 years,she needs to reach a year 2006. 01/01/01 - 01/01/02 = 1 year.
01/01/02 - 01/01/03 = 2 years.
01/01/03 - 01/01/04 = 3 years.
01/01/04 - 01/01/05 = 4 years
01/01/05 - 01/01/06 = 5 years. - 3 months = 01/10/06.
She has to do it next year.( Oct 01,2006).
I hope this will help.I 'm from political asylum forum like you cuz.Now after my GC approval in Sep 15,2005,it's time to jump to the citizenship forum.Reading some posts here makes me getting prepared for my citizenship in June 2009.
 
First, I must say that I do not understand why she did apply early. Counting back 90 days from five years is not so difficult. Having said this, she was lucky. In many cases this is not detected until the interview and the application is denied at that point, having wasted months and the application fees.
 
Sand Diego said:
First, I must say that I do not understand why she did apply early. Counting back 90 days from five years is not so difficult. Having said this, she was lucky. In many cases this is not detected until the interview and the application is denied at that point, having wasted months and the application fees.
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i agree with you. at least, she did not waste her time, but jut the application fee. i think wait until Nov then reapply it. it is safe.

to OP, i would not count on the 4 years and 9 months. In fact, I would do 5 years - 90 days to be exact.
 
Thanks everyone for quick reply

It was not her fault, that was me who sent the application couple days erlier. Well it was good lesson for me to listen to wife :)
They did send back the fee.

Once again thanks everyone for your reply.
 
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