FedEx delivered my N-400 one day too early

Actually I have been an LPR since 09/27/2007 and I sent in the N400 on 07/13/2010 (received/PD on 07/14/2010) That is actually a couple of weeks after my GC anniversary,
Your 3 year anniversary mark is 9/27/2010. How do you figure that 7/13/2010 is a couple of weeks after your GC anniversary?
 
Your 3 year anniversary mark is 9/27/2010. How do you figure that 7/13/2010 is a couple of weeks after your GC anniversary?

Obviously, that is a typo. I meant to say a week or two after the 2yr 9months or 4yrs 9months anniversary (or full 3/5 yr anniversary, if so desired). I will update the message.
 
Another reason why filing on the exact 90th day is a bad idea is that sometimes it results in an interview date that is before your 3 year or 5 year GC anniversary. Then the interview is rescheduled, or they conduct the interview and you get "decision cannot be made" and they delay the decision until after the interview and you wait for the oath letter in the mail. So as a result of aiming to get things done on the earliest day possible, the process ends up taking a few weeks extra because of the interview being too early.
 
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Guess what, I got my application back today with a Rejection notice. The reasons are stated as:

.the date on check is not current...
.you filed your application more than 3 months before meeting the residency requirement...


My question is now whether I still need to withdraw/cancel this application (it has and application number) or simply file a new one?

I'm glad to hear this only cost you time, but not much money (except the FedEx expense). As others have pointed out you don't need to withdraw and can apply right away.
 
I'm glad to hear this only cost you time, but not much money (except the FedEx expense). As others have pointed out you don't need to withdraw and can apply right away.

Huracan and others who provided info and support -- thanks! I am on my way with a new application now.


baikal3 -- I understand that you seem to assume the worst. Perhaps it's a safe approach, but I personally think it's an overkill to assume a government office will chase you for money if you withdraw your application. Let me ask you this: are you saying all this based on actual experience you or your friends have had? Or is it just your apprehensions?

To the early filer I would suggest weighing the risks of loosing money and/or time. That's what it really comes down to. If you want to take chances, let the application move on. If you want to be on the safe side, withdraw and think about stop payment on the check.

Needless to say, if they bounce the application back to you with a Rejection, you simply file a new one.
 
baikal3 -- I understand that you seem to assume the worst. Perhaps it's a safe approach, but I personally think it's an overkill to assume a government office will chase you for money if you withdraw your application. Let me ask you this: are you saying all this based on actual experience you or your friends have had? Or is it just your apprehensions?
It's happened to at least one person on this forum; USCIS sent a letter demanding payment. Perhaps they won't report it to the police or try to take you to court over it, but if you have to deal with USCIS again for citizenship, sponsoring a family member, etc. it isn't a good idea to have that bad check on your record with them.
 
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I am a fool! Welcome any advice!!

Firstly, I want to appreciate anyone who contributed to this thread, b/c it was only after reading this post and calculating my time did I realize I had filed my application too early by stupidly assuming 90 days = 3 months ("thanks" to the 31-day July and August).

So the situation is my check was cashed already and I have received my FP letter for a FP scheduled about 2 weeks from now. My question is are there ways to cancel my application besides abandoning it by not going to the FP appointment so I can start everything all over again ASAP?

Thanks so much everyone.
 
Firstly, I want to appreciate anyone who contributed to this thread, b/c it was only after reading this post and calculating my time did I realize I had filed my application too early by stupidly assuming 90 days = 3 months ("thanks" to the 31-day July and August).

So the situation is my check was cashed already and I have received my FP letter for a FP scheduled about 2 weeks from now. My question is are there ways to cancel my application besides abandoning it by not going to the FP appointment so I can start everything all over again ASAP?
When did the application arrive at USCIS? What is the priority date? If it arrived at USCIS on or after the 90th day, and the priority date reflects that, you should be OK even if it was mailed at 91 or 92 days before your GC anniversary.

While we warn against mailing or signing it before 90 days, that is to protect yourself from USCIS mistakenly rejecting it without an interview due to them (wrongly) looking at the postmark date or signature date. If they do their job correctly they're still supposed to process the application if it arrives on or after the 90-day mark, even if it was postmarked before that.
 
When did the application arrive at USCIS? What is the priority date? If it arrived at USCIS on or after the 90th day, and the priority date reflects that, you should be OK even if it was mailed at 91 or 92 days before your GC anniversary.

While we warn against mailing or signing it before 90 days, that is to protect yourself from USCIS mistakenly rejecting it without an interview due to them (wrongly) looking at the postmark date or signature date. If they do their job correctly they're still supposed to process the application if it arrives on or after the 90-day mark, even if it was postmarked before that.

Thanks for your response, Jackolantern. Well, the postmark and signature date should be 92 days and the priority date is 91 days to my 5-year GC anniversary. So it seems that now I have no choice but to withdraw the application now to avoid rejection at the interview. BTW I just received the yellow letter from USCIS...sigh...
 
Thanks for your response, Jackolantern. Well, the postmark and signature date should be 92 days and the priority date is 91 days to my 5-year GC anniversary. So it seems that now I have no choice but to withdraw the application now to avoid rejection at the interview. BTW I just received the yellow letter from USCIS...sigh...

Sorry to hear that. If the priority date is 91 days before the end of the 5th GC year, it may be kind of risky to follow through with this application. From what you said it seems to me:

1. you've spent 1 month of time
2. you've spent the $675

If time is a critical factor it would make sense to withdraw this application and start a new one. If on the other hand 2 months isn't gonna make much difference you may want to take chances because of the time and money already invested.
 
Also, there is this info from bobsmyth

http://forums.immigration.com/showt...N-400-one-day-too-early&p=2214153#post2214153

saying that 3 months is 90 days according to USCIS rules. I am not sure I understand this fully. Perhaps others can elaborate.

8 CFR 334.2(b)

(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.
 
8 CFR 334.2(b)

(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

If I were to take it at face value, I would say that from 07/20/2010 and 10/20/2010 is 92 days, according to USCIS rules.
 
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