FedEx delivered my N-400 one day too early

dima2ooo said:
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.
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Even if you are in the right, sometimes USCIS miscounts by 1 or 2 days and they reject your application without an interview. And sometimes they look at the postmark date when making that decision, instead of using the date they receive it.

So we recommend waiting an extra 3-5 days not just to protect yourself from your own mistakes, but more importantly to protect yourself from USCIS mistakes which you cannot control.

And remember that when Fedex or another courier says 2 day or 3 day service, that is their expected maximum; they're not saying it will arrive exactly in 2 or 3 days. If the package is traveling a short distance, or if they just happen to have a flight or truck with extra capacity on a given day, sometimes they'll send it by a faster method and it arrives 1 or 2 days earlier than you expect. That happened to me the last time I ordered something online with 2-day shipping; the item arrived at my door the next day!
 
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dima2ooo said:
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?
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I think you'll need to wait for the NOA so you can send a copy of it with the cancellation letter.

But that might not be necessary; hopefully they'll just reject it without cashing the check, and send everything back to you.
 
dima2ooo said:
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?
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My advise is don't be in a haste. Be prepared for a week's delay. If they are returning your application well and good. If USCIS is at its usual speed the problem will solve by itself. Of late i am seeing lot of posts of very slow initial action by USCIS in cashing check and generating NOA. May be it is same in your case.
 
Jackolantern said:
I think you'll need to wait for the NOA so you can send a copy of it with the cancellation letter.

But that might not be necessary; hopefully they'll just reject it without cashing the check, and send everything back to you.
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Thanks for your insights, Jackolantern. I am seriously considering withdrawing/canceling this current N-400 and filing a new one. My only questions is do I sacrifice the $675 or should I put a stop payment on the check.

As far the FedEx delivery goes, I agree that sometimes faster is better. In my case, however, I specifically asked the clerk for a delivery service that would have my package delivered this Friday, not a day earlier. He showed to me his computer screen and said "this is our commitment to you, 10/23". I made sure several times that it's not gonna get there any earlier than 23rd and assured me this was going to be the case. That's the only reason I am so pissed off with FedEx. Their mistake might cause me around $700 and a few weeks time.
 
seadull said:
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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Thanks, seadull. The difference with FedEx might be that I used a 3-day service.
 
madh4 said:
My advise is don't be in a haste. Be prepared for a week's delay. If they are returning your application well and good. If USCIS is at its usual speed the problem will solve by itself. Of late i am seeing lot of posts of very slow initial action by USCIS in cashing check and generating NOA. May be it is same in your case.
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madh4,
I kind of hope now they just bounce it back. I just don't want to get entangled in any kind of IO "what if" stuff.
 
Hope for the best my friend. If you find a good soul no problem. Otherwise, the law applies.
 
You know, putting a stop payment on a check may not be a bad idea. That way when they try to process it, they won't be able to and then they will hopefully just send everything back saying that they couldn't cash your check/money order.

But if you are going to try this route, you should do it asap.
 
What date did you sign on the application and how did you calculate the 90 day grace period? That along with the PD on NOA will be your determination on whether you need to withdraw your application for filing too early.
 
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cfiler said:
You know, putting a stop payment on a check may not be a bad idea. That way when they try to process it, they won't be able to and then they will hopefully just send everything back saying that they couldn't cash your check/money order.

But if you are going to try this route, you should do it asap.
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cfiler, I did put a stop payment on the check. I figured I don't want to take chances with my time and the $675.
 
Bobsmyth said:
What date did you sign on the application and how did you calculate the 90 day grace period? That along with the PD on NOA will be your determination on whether you need to withdraw your application for filing too early.
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Actually there is a great website that gives time between two dates. It's www.timeanddate.com/date/duration.html. It's not the only one of this kind, so can always cross-check.

I figured I don't want to take chances with this application and I am going to cancel it and file a new one.
 
Stop payment is not for the purpose of righting your mistakes, it is for preventing fraudulent encashment of the check. Even if you put a stop payment, they still have the right demand payment if they choose to, since the check was addressed to them and they were rightfully entitled to cash it because their name was on it and they did not use fraud to get the check. And if they demand payment, they'll also charge you a penalty.
 
Jackolantern said:
Stop payment is not for the purpose of righting your mistakes, it is for preventing fraudulent encashment of the check. Even if you put a stop payment, they still have the right demand payment if they choose to, since the check was addressed to them and they were rightfully entitled to cash it because their name was on it and they did not use fraud to get the check. And if they demand payment, they'll also charge you a penalty.
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I doubt that USCIS would (let alone have the resources) pursue payment on a stopped check for a withdrawn application, especially if it was sent in too early.
 
Bobsmyth said:
I doubt that USCIS would (let alone have the resources) pursue payment on a stopped check for a withdrawn application, especially if it was sent in too early.
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Other people have reported USCIS sending a letter demanding payment. They probably won't take it as far as going to court over it, but they sometimes do send letters like that and it doesn't take much effort for them to report the individual to the authorities. And don't forget that the individual has to face USCIS again upon reapplying, so such non-payment could cause trouble with the reapplication.

And for this case, from their perspective the stop payment wouldn't be for a withdrawn application, because they probably wouldn't have received or processed any withdrawal request at the time of attempting to deposit the check.
 
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Jackolantern said:
And for this case, from their perspective the stop payment wouldn't be for a withdrawn application, because they probably wouldn't have received or processed any withdrawal request at the time of attempting to deposit the check.
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Speaking of which. Do you know what the official way of withdrawing an application is? Is there a specific form to use for that?

As far the stopped check goes. I am requesting certain services from them. If I no longer want the services and they haven't performed them does it not make sense that I owe them 0, or perhaps the bounced check fee at worst? I am not saying they don't ask for money, I am saying does it make sense 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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Mine was delivered exactly on the 90th day before the 5-year period. So, my signature was precisely on the day I mailed, which was 3 days prior to the 90th day time-limit. I did not have any problems in receiving my notice. My Priority-Date was precisely the 90th day before the 5-year period.
 
Bobsmyth said:
What date did you sign on the application ....
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Does that matter? When one signs and dates it, it only asserts to the time when the signature was put. It need not be the same as the date it was filed. When one goes through the attorney, the signatures may be way earlier than the filing date. However, the date at which USCIS receives cannot be earlier than the 90-day limit because it fails that test.

And if I am not mistaken, there is absolutely no statement about signature date. My $0.02.
 
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