FedEx delivered my N-400 one day too early

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dima2ooo

Registered Users (C)
Hi folks, I sent my N-400 with 3-day FedEx service. They said it will take exactly three days to deliver it, however, they delivered it one day early.

Now, my application was received one day BEFORE the legit. day I can apply. I am applying 90 days prior to the 5 year date.

What is likely gong to happen and what steps should I take to avoid confusion and minimize the application time? Thanks!
 
Hope you are new to this forum. In this forum time and again it advised give at least 5 extra days for USCIS ways of calculation. I think you could do nothing but sit tight and hope USCIS staff do not open your envelop this week. Pray for that. If they do that they will return your application and will result in further delay of 10/15 days. People want to be street smart end losers.
 
What you did sounds pretty foolish. You have two problems. You signed your application before you were eligible and you delivered the application before you were eligible. Most people recommend not to sign or send the application before 85 days so you have some safety buffer for miscalculations.

I see that one of two things can happen:
1. They catch the error at data entry and reject your application without cashing the check.
2. They don't catch the error and you have to wait until the interview in which case the IO will most likely catch the error and reject so you lose money and time.

I don't know what else to say. You are either just going to waste time, or more time and money. I don't see what you can do in terms of avoiding confusion, there is no confusion, you have filed before your eligibility date :(
 
Thanks for your replies, madh4 and Huracan.

I didn't exactly ask for assessing my IQ or time at this forum. It might be challenging to calculate dates properly for you but I did mine exactly as the law says. I am applying exactly 90 days before the 5 years of residency. And I SIGNED the exact date the application was supposed to be filed.

I guess I am looking for somebody who has similar experience or is knowledgeable about the legal aspects of this kind of situation.

Also, as the two replies so far seem to be bent on self-blame I emphasize for those who schedule their future application: DON'T TRUST FEDEX to DELIVER ON THE DATE THEY MENTION TO YOU. They simply take your money and deliver on or BEFORE the date, regardless of what they say to you.

Huracan said:
What you did sounds pretty foolish. You have two problems. You signed your application before you were eligible and you delivered the application before you were eligible. Most people recommend not to sign or send the application before 85 days so you have some safety buffer for miscalculations.

I see that one of two things can happen:
1. They catch the error at data entry and reject your application without cashing the check.
2. They don't catch the error and you have to wait until the interview in which case the IO will most likely catch the error and reject so you lose money and time.

I don't know what else to say. You are either just going to waste time, or more time and money. I don't see what you can do in terms of avoiding confusion, there is no confusion, you have filed before your eligibility date :(
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First, I hope that USCIS treats your application well within 90 days window and not before. If they didn't - then let's hope that they reject it and immediately return it. Here you'll probably lose few weeks. However, recently I read a case here where an application sailed through fine until the interview. But during the interview, it was determined that it was filed prior to 90 day window. It got rejected at that point. Very frustrating. I hope this doesn't happen to your case.

Person(s) processing your application at the lockbox facility are known to use different dates (date your check was signed, date your application was received, date your application was actually opened for processing) for determining the priority date. So your best bet is to wait and hope that the date used by them falls in your favor.
 
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As I suspected, you post dated the application. I understand that you can count 90 days correctly. What I would point to is that you signed and sent your application before that time. Your FEDEX label will become part of your A-file with any shipping and delivery date it might contain. That would make clear that you couldn't sign the form on the date you claim you signed it. I have to say that I don't know of any additional problem caused by post dating the application, but there are quite a few people who have had their applications rejected because of applying too soon. Because it is not clear what the interpretation of filing is, it is still advisable not to ship/mail/date/sign the application before the 90 days. Anyway, my guess is that this is going to cost you time and money as the problem might not be caught before they cash the check.
 
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dima2ooo said:
Hi folks, I sent my N-400 with 3-day FedEx service. They said it will take exactly three days to deliver it, however, they delivered it one day early.

Now, my application was received one day BEFORE the legit. day I can apply. I am applying 90 days prior to the 5 year date.

What is likely gong to happen and what steps should I take to avoid confusion and minimize the application time? Thanks!
Click to expand...

Basically I agree with what Huracan said. You may want to blame FedEx but you are really at fault yourself here. What you did was rather foolish.

In terms of what is likely to happen. It is unlikely that your application will be rejected and returned right away. They only do a very cursory check of an application when it is received, and they only return it if there is something obvious missing, such as the signature on the application or a check with the application fee.
So most likely the application will be assigned a case number and put into the pipeline. After that the application will not be looked at in detail until the interview. During the interview the IO will most likely discover that the application was filed too early and the application will be denied.

My suggestion would be to withdraw the current application (once you get a receipt notice with a case number) and immediately re-apply again. This way essentially the only thing you'll lose is money. If you don't withdraw the application and wait until the interview, you'll lose both money and a significant amount of time.
 
seadull, thanks for your reply.
seadull said:
Person(s) processing your application at the lockbox facility are known to use different dates (date your check was signed, date your application was received, date your application was actually opened for processing) for determining the priority date. So your best bet is to wait and hope that the date used by them falls in your favor.
Click to expand...

Is there any way to tell what date they end up using for filing? I guess I will either get my application back with rejection or an action notice. If I get an action notice is there a way to tell what filing date they end up using?
 
thanks for you info, Huracan,
Huracan said:
As I suspected, you post dated the application. I understand that you can count 90 days correctly. What I would point to is that you signed and sent your application before that time. Your FEDEX label will become part of your A-file with any shipping and delivery date it might contain. That would make clear that you couldn't sign the form on the date you claim you signed it. I have to say that I don't know of any additional problem caused by post dating the application, but there are quite a few people who have had their applications rejected because of applying too soon. Because it is not clear what the interpretation of filing is, it is still advisable not to ship/mail/date/sign the application before the 90 days. Anyway, my guess is that this is going to cost you time and money as the problem might not be caught before they cash the check.
Click to expand...

Is there any way to tell based on the notice I receive or any other info what date they end up assigning to my file?
 
dima2ooo said:
thanks for you info, Huracan,


Is there any way to tell based on the notice I receive or any other info what date they end up assigning to my file?
Click to expand...

I don't think so; this is a bit of a gray area where not much is known for sure and the de facto practices may be uneven.
Moreover, the IO might decide to look at the signature date on the application rather than on the received date.
 
dima2ooo said:
seadull, thanks for your reply.
Is there any way to tell what date they end up using for filing? I guess I will either get my application back with rejection or an action notice. If I get an action notice is there a way to tell what filing date they end up using?
Click to expand...

NOA has two dates. Let me tell you what I think of these dates. 1) NOA date: Date when this notice was generated. This is probably straightforward interpretation. 2) NOA PD date: This date is approximately a week before NOA date. But what I don't know is if NOA PD date is (a) date your application was processed/entered in the system (b) date your application was received. Based on interpretation of my own N400 application, NOA PD date is date your application was received. See my entry in the spreadsheet https://spreadsheets.google.com/ccc?key=0AoxJgTZJQsbldFVXaVFXODFlb1d5aWxqM1lnVlVUc3c&hl=en#gid=6.
 
My personal preference is for the OP to go through the process, get caught by the IO for signing his application before being eligible and apply too early, and be rejected. I realize that something experience is a better teacher, because far too many people are overzealous about N400 application. To be excited about obtaining USC is perfectly acceptable, but when excitement goes before sensible and prudent course of action, then ugly consequences should be entertained.

The OP should have used regular mail on the 91 day, usually priority mail, ensuring that his application reaches the center at least 5 days after he had become eligible. For now, this is what one hopes for...

http://www.hulu.com/watch/5576/family-guy-peter-fights-a-chicken#s-p4-sa-i1

In this case, USCIS will be in yellow...;)
 
As you can see from my signature my priority date was the date they opened the mail, not the date I signed the form, not the date I mailed it. However, this probably doesn't mean a lot. Here is one thread about rejection for 24 hour miscalculation:

http://forums.immigration.com/showt...on-N-400-cannot-be-filed-90-days-before-5-yrs

As I have pointed out the IO at interview will have a copy of your FedEx envelope with a stamp with the date USCIS gets it and your signed and dated N-400. It's up to the IO to notice the date issue or not.
 
seadull,-
seadull said:
NOA has two dates. Let me tell you what I think of these dates. 1) NOA date: Date when this notice was generated. This is probably straightforward interpretation. 2) NOA PD date: This date is approximately a week before NOA date. But what I don't know is if NOA PD date is (a) date your application was processed/entered in the system (b) date your application was received. Based on interpretation of my own N400 application, NOA PD date is date your application was received. See my entry in the spreadsheet.
Click to expand...

Based on your table it would seem that NOA PD is either on the receive date or a couple of days later. Let me ask you:
1. during the interview is the NOA PD what they consider the official date you filed the application?
2. how did you determine the N-400 received dates?
 
Is there any way to tell based on the notice I receive or any other info what date they end up assigning to my file?[/QUOTE]

You will get Priority Date. If it is within 90 days it is OK. You only hope your IO is not going to check the FEDEX mail slip.
 
Huracan said:
As you can see from my signature my priority date was the date they opened the mail, not the date I signed the form, not the date I mailed it. However, this probably doesn't mean a lot. Here is one thread about rejection for 24 hour miscalculation:


As I have pointed out the IO at interview will have a copy of your FedEx envelope with a stamp with the date USCIS gets it and your signed and dated N-400. It's up to the IO to notice the date issue or not.
Click to expand...

That's a good point Huracan. In my case, I don't believe there was any miscalculation with dates. It the discrepancy between the receive date and the legit. application date that could be problem.

Has anyone tried InfoPass? I am thinking of making a appointment with them to ask them about the receive date issue.
 
The very first thing the IO did on my interview was calculate the difference between the PD in the application and the date in which I would be eligible for Naturalization. He said "85 days, that's within the 90 day window."

The best case scenario right now is that they reject the application and they return it and the money back to you. If the application is not rejected, look at the PD in the NOA, if it's more than 90 days, you should withdraw your application and re-apply or they won't catch the error until the day of the interview, or while generating the OL and they will deny your case and you will have wasted several months.
 
cfiler said:
The very first thing the IO did on my interview was calculate the difference between the PD in the application and the date in which I would be eligible for Naturalization. He said "85 days, that's within the 90 day window."

The best case scenario right now is that they reject the application and they return it and the money back to you. If the application is not rejected, look at the PD in the NOA, if it's more than 90 days, you should withdraw your application and re-apply or they won't catch the error until the day of the interview, or while generating the OL and they will deny your case and you will have wasted several months.
Click to expand...

I am considering withdrawing my application right now and resending a new one to avoid any complications. Does anyone know how to cancel an N-400?
 
dima2ooo said:
seadull,-


Based on your table it would seem that NOA PD is either on the receive date or a couple of days later. Let me ask you:
1. during the interview is the NOA PD what they consider the official date you filed the application?
2. how did you determine the N-400 received dates?
Click to expand...

1. Since I haven't reached the stage of interview, I can't say if NOA PD is the one considered to calculate 90 day window.
2. I determined N-400 receive date based on Fedex's online tracking. In my case, my Fedex mailing center told me that this would be delivered on 6/29 at 10:30AM and indeed it has reached at 10:31AM.

If I was in your situation, I'd withdraw the application and safely file a new one.
 
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