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  • N-400 Denied because submitted 3 days too early...

    Hi. I am a US Citizen married to a US permenant resident. My husband recently applied for his citizenship and was denied because we submitted the application 3 days too early. (His 5 years were up August 22nd. We submitted his application May 22nd. Based on the N-400 instructions, you may apply 90 before your 5 years are up. However, we neglected to realize that there were 31 days in May and July, so although we submitted the application 3 months ahead, it was a total of 93 days instead of the allowed 90 days early.)

    He had already gone through the fingerprinting and exam process, and the error was caught after he passed the exam.

    We were sent a letter that we could appeal the denial. However, my understanding of the letter is that in order to do this we have to pay the $600 in fees that we have already paid all over again.

    What options do we have? Is there any way to get out of having to pay the $600 again?

    I admit I was a little hasty getting his paperwork in because I knew the rates when up in July and I was anxious to get it done before that happened. But 3 days early? Come on? Are the US Government money hungry or what? The sad part is that I think they actually received his application AFTER the 90 day window, but he had signed the date as May 22nd and they are basing the denial on this hand written signature. (Does anyone know if there is a number I can call to find out what date the application was ACTUALLY received?).

    Thanks in advance.

  • #2
    Hi. I am a US Citizen married to a US permenant resident. My husband recently applied for his citizenship and was denied because we submitted the application 3 days too early. (His 5 years were up August 22nd. We submitted his application May 22nd. Based on the N-400 instructions, you may apply 90 before your 5 years are up. However, we neglected to realize that there were 31 days in May and July, so although we submitted the application 3 months ahead, it was a total of 93 days instead of the allowed 90 days early.)

    He had already gone through the fingerprinting and exam process, and the error was caught after he passed the exam.

    We were sent a letter that we could appeal the denial. However, my understanding of the letter is that in order to do this we have to pay the $600 in fees that we have already paid all over again.

    What options do we have? Is there any way to get out of having to pay the $600 again?

    I admit I was a little hasty getting his paperwork in because I knew the rates when up in July and I was anxious to get it done before that happened. But 3 days early? Come on? Are the US Government money hungry or what? The sad part is that I think they actually received his application AFTER the 90 day window, but he had signed the date as May 22nd and they are basing the denial on this hand written signature. (Does anyone know if there is a number I can call to find out what date the application was ACTUALLY received?).

    Thanks in advance.

    Comment


    • #3
      mjperiwinkle, I think you are very confuse and arrogant person. Firstly why did you waited for the standard five year period? Secondly there are INS provisions for three years period based on marriage to a U.S. Citizen. Thirdly why were you trying to get over on the INS with the date they would have figured this out anyway and you would be in CRIMINAL Court and your spouse Deportation Court. Now they gave you have a chance to appeal, you cannot do this alone you will need an attorney who is skilled in this sort of matter. I think ou have thirty calendar days to file your appeal case in Federal Court before a Federal Judge. This is not an easy case this case will cost a good amount of money to resolve. "Prevention is better than Cure." Good Luck God Bless America Forever...Speedy

      Comment


      • #4
        30 days has september, may july and november..

        all the rest have 31

        They are very fussy about this sor t of thing

        rock and a hard place. either way will cost you money. They will use the postmark as their guide. it was three days early. Take the lesser of money evils. appeal on your own , if you lose, refile $$ either way you lose as time is wasting.

        Comment


        • #5
          To Speedy:

          On the contrare, I believe you are the confused and arrogant one. However, I'll address your 2nd and 3rd questions (I didn't understand what you were asking in the first question due to the grammatical errors).

          First off, yes there is a provision to file before 5 years IF you have been married for 3 years or more, which my husband and I have not.

          I quote from the N-400 instructions themselves:

          "Who Should Use This Form?
          To use this form you must be ONE of the following:
          (1) A Lawful Permanent Resident for at least fiveyears and at least 18 years old;
          (2) A Lawful Permanent Resident for at least threeyears and at least 18 years old,
          You have been married to and living with thesame U.S. citizen for the last three years,
          AND
          Your spouse has been a U.S. citizen for thelast three years;"

          That should be clear enough, but in case it isn't, I'll break it down for you a little better.

          2002 - Husband moved to US on US Lottery Program (automatic legal residency and greencard issued)

          2003 - we met

          2005- we married

          2006/2007 - our children born

          2007- been a legal resident for 5 years; only married for 2.

          Enough said about your second question. Now on to your 3rd.
          First off, I wasn't trying to pull anything over on the US government. I admit, looking back on it now, I might have been a little confused on this one. I guess I was thinking that he HAD to apply for citizenship after 5 years (like his greencard would expire or something, which I know is not true...but...). So being the "on top of things" kind of person I am, I was trying to get it taken care of quickly before we ran into any problems like this (which, I, in turn caused the problem instead by being "TOO" on top of things). Also, we are planning on taking a trip at the end of the year. I was having to apply for passports for my children and to renew mine, so it was just natural to have my husband's situation in the checklist in my mind next to those items. Nothing more. Lastly, I had heard all the hype about the rates going up in July (and being that I was due with our second child then and knew i would get too busy as the time got closer), I have already admitted I was trying to get it done as soon as possible to avoid paying the higher fees/have things run over into my due date, etc. Last, I checked, there was nothing CRIMINAL about simply trying to save a few dollars.

          Again, I have admitted my error. Looking back now, I should have simply waited until after we returned from our upcoming trip (when things slowed down a bit for us), paid the higher fees, and been on with it. I realize we can just refile at a later date and there should be no problem (since his 5 years will be well past by then). But being the penny pincher that I am, I am trying to find out if the $600 I have already spent is wasted and I should simply write it off or if there is anyway I can put the $600 I have already paid to use in the refile/appeal.

          Now does anyone have anything INTELLIGENT to say about that? Or should I consider it a lost cause and go on with it?

          Comment


          • #6
            The time and effort you would've spend for an appeal (which you would probably lost anyway since the evidence is clearly on USCIS favor) is better served on filing and completing a new N400 application.

            Comment


            • #7
              Thanks. That's what I was thinking, too. It would also be less pressure, if I am correct, since we could file another N-400 at any time, but an appeal would have to be done in 30 days, right? Guess I should just kiss that $600 already spent goodbye. Wow, can't say I've ever made a $600 mistake before! (I've made lots, but I don't know that any of them have ever cost that much - at least not to me anyway...maybe to my employer...lol).

              Comment


              • #8
                Like I told you... if you appeal without a lawyer, what will it cost you other than time waiting. if time is precious, then you just refile. Who knows

                Try to get no cost consult with lawyer about advise what is best course.

                Good luck

                Comment


                • #9
                  when I read this forum (they are basing the denial on this hand written signature) I called the USCIS customer service right away and ask them if they're basing the hand written signature or the postmarked date and they told that they're basing the postmarked date.

                  Comment


                  • #10
                    I just noticed that I have filed N-400 application 93-days ago myself (filed a week ago -- wasn't sure that USCIS is so strict about dates). Now, I am thinking of filing a new application while previous one is already pending. Do you know if it's okay to file a new N-400 application while one is already pending.

                    I am thinking of submitting a withdrawal letter for the old application when a file the new one (in a same package)?

                    Any help would be much appreciated in this regard. I'm aware of wasting additional $675 but I don't care at this point.

                    And, what is the process of withdrawing the old applicaiton?

                    Comment


                    • #11
                      Sorry do disagree. Filing early is a clerical mistake. As such it does not rise to the level of material misstatement and therefore cannot be a basis for denial. I have never heard of USCIS denying any benefit because of premature filing. In those cases they used to return the entire package to the applicant along with the uncashed check. Now, it appears they've cashed the check and it should be their responsibility to check it. I think it's worth appealing because clearly the mistake of cashing the check was made by the Service.

                      On the other hand the difference in cost is not that great so that may also be a consideration.

                      Comment

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