Filed N-400 Early 1 day... PLEASE ADVISE

eddiemurphy

New Member
Hi All,

Here is my story in details and please give me some advise on what I should do.

Per the 90 days rule (according to USCIS calculator) the earliest I can file is July 13th (This is a Sunday).

I mailed the documents on July 12th (Saturday) and signed the documents as the "13th".

The mail arrived to USCIS on the July 14th (Monday).


The I-797 letter (NO1) I received has priority date of July 14 and filing date of July 14th, I also got the Biometrics appointment letter now.

Recently from reading some posts around I see that USCIS are very strict about sending the paperwork early.

My concern is that the N400 might be denied because I mailed the package on July 12th.

Please advise and tell me what you think of my case. Thx

Eddieno
 
They are supposed to act based on the date it arrived at USCIS, not the date it was postmarked or signed. So if they do their job correctly you'll be OK because it arrived on the 14th. And it looks like they've done their job correctly so far, as you got the NOA and biometrics appointment. At this point, if you're going to get denied for filing too early, it probably won't happen before the interview, and at the interview you'll be able to argue against such a denial.
 
However, you could have problems if they decide to analyze the dates closely enough and realize that if it was postmarked on the 12th you couldn't have signed it on the 13th.
 
They are supposed to act based on the date it arrived at USCIS, not the date it was postmarked or signed. So if they do their job correctly you'll be OK because it arrived on the 14th. And it looks like they've done their job correctly so far, as you got the NOA and biometrics appointment. At this point, if you're going to get denied for filing too early, it probably won't happen before the interview, and at the interview you'll be able to argue against such a denial.

Thank you very much Jackolantern.. This brought peace to my sleep :)
 
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