Poongunranar - You have raised an interesting point. For those who might remember, my N400 application was simply returned unopened after reaching lockbox in phoenix. Date of signature on N400 and check were both 6/19/2010 (88 days before 5 year). I received it a week later in mail and decided to simply resend original paper work by FedEX. When I received NOA, the PD is 6/29. Which was also the date FedEX delivered it. So it looks like it's only the date when N400 was received and and generated PD are contenders in this equation. Not the date when it was signed.
FedEx delivered my N-400 one day too early
- Thread starter dima2ooo
- Start date
Poongunranar - You have raised an interesting point. For those who might remember, my N400 application was simply returned unopened after reaching lockbox in phoenix. Date of signature on N400 and check were both 6/19/2010 (88 days before 5 year). I received it a week later in mail and decided to simply resend original paper work by FedEX. When I received NOA, the PD is 6/29. Which was also the date FedEX delivered it. So it looks like it's only the date when N400 was received and and generated PD are contenders in this equation. Not the date when it was signed.
Jackolantern
Registered Users (C)
USCIS is supposed to look at the date they received it, not the date you signed it, nor the postmark date. But because there are inexperienced workers handling the incoming mail and doing the initial data entry, sometimes they do look at the signature date or the postmark and reject based on that.
So it is advisable to keep the postmark date and signature date no earlier than the 90 day mark, in order to protect yourself from such instances of USCIS incompetence.
poongunranar
Registered Users (C)
That's precisely, what I was thinking too
Al Southner
Registered Users (C)
I am sure you stopped the check for legitimate reasons...lol!!! I can see USCIS preparing to put you on trial for screwing them of $675 when they are planning on raising fees to cover the costs of services..
Stay classy in San Diego...
It opens the possibility of an inexperienced IO using the signature date in calculating if the applicant applied too early.
Rejection Notice
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?
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?
Congratulations, so they didn't cash your check. Just start over again and file a new one. You got very lucky that they didn't take your money!
Hi Dima.
My situation is exactly same with yours.If I count 90 days back from after 5 years from my permanent residence date would be August 3rd which was Tuesday and I mailed my application with USPS on Saturday.When I tracked my mail it was delivered to the PO BOX on Monday..The reason I did this, submission date is not clear either date of the mailing or date of the mail recieved by them.However I attached cover letter along with application and indicated the calculation is clearly and signed the application with the my eligiblity date on it.My assumption is this,if they don't accept it will be return right away.Otherwise I personally don't think so there will be any problem.
We are going to wait and see what will happens.
Best Regards.
My situation is exactly same with yours.If I count 90 days back from after 5 years from my permanent residence date would be August 3rd which was Tuesday and I mailed my application with USPS on Saturday.When I tracked my mail it was delivered to the PO BOX on Monday..The reason I did this, submission date is not clear either date of the mailing or date of the mail recieved by them.However I attached cover letter along with application and indicated the calculation is clearly and signed the application with the my eligiblity date on it.My assumption is this,if they don't accept it will be return right away.Otherwise I personally don't think so there will be any problem.
We are going to wait and see what will happens.
Best Regards.
Hi FreedomCA.
In my case the submission date was the DELIVERY date. I can see it on the Rejection notice. From what I learned in the discussion it is best not to file until 5 days after the 90 days are up. Also, watch out for those 31 day months.
If they DON't reject your application you may want to consider that at the interview time they will have your delivery date. Does this entail a risk of rejection at the interview? I don't know, but my take on it was not to take any chances.
In my case the submission date was the DELIVERY date. I can see it on the Rejection notice. From what I learned in the discussion it is best not to file until 5 days after the 90 days are up. Also, watch out for those 31 day months.
If they DON't reject your application you may want to consider that at the interview time they will have your delivery date. Does this entail a risk of rejection at the interview? I don't know, but my take on it was not to take any chances.
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Al Southner
Registered Users (C)
Guys,
Here is a simple solution to your 90 days dilemma. Using the time and date calculator, just use your 5 anniversary date, subtract 90 days from there, which will give you an exact date which you will be reaching 90 days. Mail your applications on the 85 day, no need to rush and have USCIS receives on the 90th day, cause if it arrives there 91st day, you more likely to be rejected.
For example, GC issue on Oct 31, 2005 and applying 90 days before 5th anniversary, you can apply on August 5th, 2010. 5 years is exactly 1826 days, you need 1736 days (to be within correct filing date)
Here is a simple solution to your 90 days dilemma. Using the time and date calculator, just use your 5 anniversary date, subtract 90 days from there, which will give you an exact date which you will be reaching 90 days. Mail your applications on the 85 day, no need to rush and have USCIS receives on the 90th day, cause if it arrives there 91st day, you more likely to be rejected.
For example, GC issue on Oct 31, 2005 and applying 90 days before 5th anniversary, you can apply on August 5th, 2010. 5 years is exactly 1826 days, you need 1736 days (to be within correct filing date)
Thanks for your input Al. A dilemma is a choice between two alternatives, so that you know.
The problem here is really that 3 months aren't always 90 days. That's what people need to be aware of.
You acted pretty stupidly. You are not allowed to forward-date the application and to put a date on it other than the date you actually signed it. In this case it is manifestly clear (and you even explained it in the cover letter) that you put a date on the application which is several days later than the date you signed and mailed the application. That's plain cheating. If you are lucky, your application will be rejected right away and returned to you immediately, without the check being cashed. If you are unlucky, the check will be cashed and the application will be denied at the interview. There is no way your application will be approved.
I wouldn't be so categorical. The guy obviously didn't cheat anyone as the signature is not specified as dated with "today's date". We are in the U.S. and not in GULAG
Besides, he can always place stop payment on his check if he decides not to take risks.
sanjoseaug20
Registered Users (C)
CIS may not find the 90 issue until the interview.
If they determine the applicant owes them money, then stop payment or not, they are going to ask for it.
And once they have the money, then reject it for filing too early.
I wouldn't be so categorical. The guy obviously didn't cheat anyone as the signature is not specified as dated with "today's date". We are in the U.S. and not in GULAG
Besides, he can always place stop payment on his check if he decides not to take risks.
I would be exactly so categorical, and even more so. Good luck trying to prove to anyone that "date" on the signature line (by the way, directly below the sworn affirmation that all information submitted is correct, under the penalties of perjury) does not mean "the date the form is signed".
Regarding stopping payment on a check - another "bright" idea that can seriously backfire. If USCIS accepts the application for processing, it will be legally entitled to the entire application fee. If the check payment is stopped after the application is accepted for processing, the USCIS can certainly try to collect the fee and even if it does not - this is exactly the sort of thing that could later come back and bite when good moral character is determined. Knowingly passing a bad check is a form of fraud and is technically illegal.
In your case you were really lucky that the USCIS workers dealing with the initial receipt of applications noticed that yours was submitted too early and rejected the application without assigning a case number to it and initiating processing. FreedomCA has to pray that the same happens to him/her.
Otherwise the only proper thing to do would be to wait until the check clears and a receipt notice arrives and then submit a withdrawal letter by mail.
Trying to be too smart by half with USCIS is always a bad idea and almost invariable comes to bite you in the butt - the only question is how badly.
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Jackolantern
Registered Users (C)
Yes, people have been rejected at the interview when the interviewer realized it was filed too early.
Why cut close anyway? Just wait a week after your 2yr-9months or 4yr-9months (or full 3 or 5 year) GC anniversary to sign and file the application, at least that is what I did, unintentionally, since I was too busy to think about all this cutting close business. 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) just because I was too busy to file it earlier. That is actually a couple of weeks after my GC anniversary, a good thing I would say. Trying to cut close to the exact date will only cause calculation problems, just do it a week or two after you GC anniversary and be at peace at least in that area.
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USCIS rules have interpreted 3 months to mean 90 days.