I-751 Application Returned for Incorrect Payee information

[divasheart 0]

Hi. I am new to this board. I need some help. I am freaking out.

I filled out and sent in the I-751 with a ton of documentation showing our marriage is legit. I also included the payment for 545.00. My husbands permanant resident card expires on Jun. 12, 2009. I sent in the I-751 via over night mail on 3/9/2009. They stamped received it on March 11, 2009. They (INS) typed up the "Notice of Action" to us on March 19, 2009. I got it along with everything I sent (including the check) back in the mail today.

The Notice of Action states: "We are returning your I-751 joint petition and any relating fees as your I-751 joint petition WAS received prior to the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanant residence."

Then on the bottom it states the following:

NOTE: Since the reorganization of the INS into three new agencies under the Department of Homeland Security, there has been confusion regarding who remittances should be made payable to. UNLESS SPECIFIED ABOVE, your application is NOT being rejected for incorrect payee information, however to ensure proper processing of future applications, please make check payable and/or money orders payable to "Department of Homeland Security" or "U.S. Citizenship and Immigration Services."

You will be notified separately bout any other applications or petitions you filed. Save this notice. Please enclose a copy of it if you write us about this case, or if you file another application based on this decision.

It is March 28th!! I wrote the check EXACTLY how it said to write it in the instructions for the I-751. EXACTLY!!!!!! The instructions said to make it payable to "U.S. Department of Homeland Security". That is jus what I did!! "They even stamped the back of the check for deposit only. What the heck! I am freaking out now. Are we ok or are we in huge trouble???? Can anyone help me? Has anyone had this happen???? I am terrified. I was just laid off, we already are having trouble because of that, now I am terrified that we are in trouble with this.

Thanks.

[-B&T- 1]

Hi. I am new to this board. I need some help. I am freaking out.

I filled out and sent in the I-751 with a ton of documentation showing our marriage is legit. I also included the payment for 545.00. My husbands permanant resident card expires on Jun. 12, 2009. I sent in the I-751 via over night mail on 3/9/2009. They stamped received it on March 11, 2009. They (INS) typed up the "Notice of Action" to us on March 19, 2009. I got it along with everything I sent (including the check) back in the mail today.

The Notice of Action states: "We are returning your I-751 joint petition and any relating fees as your I-751 joint petition WAS received prior to the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanant residence."

Then on the bottom it states the following:

NOTE: Since the reorganization of the INS into three new agencies under the Department of Homeland Security, there has been confusion regarding who remittances should be made payable to. UNLESS SPECIFIED ABOVE, your application is NOT being rejected for incorrect payee information, however to ensure proper processing of future applications, please make check payable and/or money orders payable to "Department of Homeland Security" or "U.S. Citizenship and Immigration Services."

You will be notified separately bout any other applications or petitions you filed. Save this notice. Please enclose a copy of it if you write us about this case, or if you file another application based on this decision.

It is March 28th!! I wrote the check EXACTLY how it said to write it in the instructions for the I-751. EXACTLY!!!!!! The instructions said to make it payable to "U.S. Department of Homeland Security". That is jus what I did!! "They even stamped the back of the check for deposit only. What the heck! I am freaking out now. Are we ok or are we in huge trouble???? Can anyone help me? Has anyone had this happen???? I am terrified. I was just laid off, we already are having trouble because of that, now I am terrified that we are in trouble with this.

Thanks.

You filed a little early that is why they returned your package.

[pnrmbr975 1]

You're the second person I've seen lately who posted about the I-751 package being returned because of filing early. See this thread:

link 1

Someone correct me if my calculations are wrong, but your husband's 90-day window opens on March 14, 2009, which also falls on a Saturday. It is best to mail it on that day or March 16, a Monday to be on the safe side. The official date of the submission of the application is the day USCIS receives your mailed package.

Per USCIS website, I-751 instructions

"When Should I File Form I-751:

Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires." Apparently, receipt of the application even a day, or two early by the USCIS will get your application returned to you to meet this requirement. And they are making no exceptions. Follow the instructions to a tee next time.

Edited March 28, 2009 by pnrmbr975

[pnrmbr975 1]

I meant to add that you would have to resubmit your husband's I-751, and include the NOA they issued, make sure you have a copy for your record. The good thing is they did not cash in your check. I hope things will go smoothly from there. Good luck.

Edited March 28, 2009 by pnrmbr975

[Kathryn41 3,205]

Yes, they were making it clear that they did not return your package because the cheque was incorrectly addressed - you did address it correctly - but it sounds like they are getting a lot of mis-written cheques lately so are sending that notification with any mail they are sending out or sending back. Since you wrote the cheque correctly, the notice doesn't refer to you so you can relax.

The reason they sent your package back is that you mailed it too early. They cannot accept it earlier than 90 days before your green card expires. If they receive it 91 days early they will send it back to you. If they receive it 89 days early they will keep it.

So you just need to send it back to them now that you are safely within the 90 day window. No need to worry - you'll be fine. Good luck.

[John24689 0]

Please go to My Assistant above and fill in your Timeline so it will help us answer questions. Thanks and good luck on your re-submission.

[divasheart 0]

Thank you all for the quick replys. I was told by my attorney that we needed to send it quickly. I don't remember her telling me not to send it before the 90 days. She handled our entire case up to this point, so I relied on her ALOT. We had a messy case in the beginning. Thak god she was there to get us through it.

Anyway, apparently the check being written to "U.S. Department of Homeland Security" is incorrect anyway. They spelled that out for me. I understood that the I-751 had to be filed BEFORE the 90 day window of his permanant card expiring. Guess I understood that wrong.

I just went back and re-read the I-751 instructions....this is what it says:

When should I file:

"Filing jointly. If you are filing this petition jointly with your spouse, you must file it DURING the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires."

Man, I read that wrong!

Well, at least I am prepared early. I just about killed myself trying to get everything gathered. Thank god for this forum and nice people like you all!!! I would have spent all weekend worrying about this and beating myself up. This whole process has been so hard on my husband and I. I love him so much. He is my best friend. I just hope that we can get through this ok. I will send in my I-751 again on Monday.

[Dakine 26]

Yes, they were making it clear that they did not return your package because the cheque was incorrectly addressed - you did address it correctly - but it sounds like they are getting a lot of mis-written cheques lately so are sending that notification with any mail they are sending out or sending back. Since you wrote the cheque correctly, the notice doesn't refer to you so you can relax.

The reason they sent your package back is that you mailed it too early. They cannot accept it earlier than 90 days before your green card expires. If they receive it 91 days early they will send it back to you. If they receive it 89 days early they will keep it.

So you just need to send it back to them now that you are safely within the 90 day window. No need to worry - you'll be fine. Good luck.

If they receive it ONE day late they "may" deport you unless you have a good reason for being late.

[PrinceandPrincess 0]

Yes, they were making it clear that they did not return your package because the cheque was incorrectly addressed - you did address it correctly - but it sounds like they are getting a lot of mis-written cheques lately so are sending that notification with any mail they are sending out or sending back. Since you wrote the cheque correctly, the notice doesn't refer to you so you can relax.

The reason they sent your package back is that you mailed it too early. They cannot accept it earlier than 90 days before your green card expires. If they receive it 91 days early they will send it back to you. If they receive it 89 days early they will keep it.

So you just need to send it back to them now that you are safely within the 90 day window. No need to worry - you'll be fine. Good luck.

If they receive it ONE day late they "may" deport you unless you have a good reason for being late.

[Kathryn41 3,205]

Yes, they were making it clear that they did not return your package because the cheque was incorrectly addressed - you did address it correctly - but it sounds like they are getting a lot of mis-written cheques lately so are sending that notification with any mail they are sending out or sending back. Since you wrote the cheque correctly, the notice doesn't refer to you so you can relax.

The reason they sent your package back is that you mailed it too early. They cannot accept it earlier than 90 days before your green card expires. If they receive it 91 days early they will send it back to you. If they receive it 89 days early they will keep it.

So you just need to send it back to them now that you are safely within the 90 day window. No need to worry - you'll be fine. Good luck.

If they receive it ONE day late they "may" deport you unless you have a good reason for being late.

Actually, according to the Adjudicator's Manual they seem to allow a 30 day grace period. If you submit the application late you are allowed to explain (better have a good explanation, though) and it is up to the adjudicator whether or not to accept your application. If you are one day late and it is postmarked prior to the expiry of the window they seem to accept the package according to the experiences of others on this site. There have also been a few who were several days late and didn't send in an explanation and their applications were accepted. True, they have the right to refuse a late application but it appears, based on experience, that one day late isn't going to end up with you getting deported.

Haole, the process is intimidating enough without going out on a limb to make it even more nerve-wracking. The post was about mailing early, not late.

Edited March 28, 2009 by Kathryn41

[poochie 0]

You just need to re-submit, don't worry about it. Good luck, divasheart! Here's hoping for a speedy approval.

[mobama94 0]

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Edited April 4, 2009 by mobama94

[poochie 0]

Anyway, apparently the check being written to "U.S. Department of Homeland Security" is incorrect anyway . They spelled that out for me. I understood that the I-751 had to be filed BEFORE the 90 day window of his permanant card expiring. Guess I understood that wrong.

Do you live in Guam, US Virgin Islands or outside the US? From the I-751 instructions, it clearly states that U.S. Department of Homeland Security is correct. Who told you that it was incorrect? Not unless revisions were made recently that I am not aware of.

But from the I-751 instructions,

"1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

2. Make the check or money order payable to U.S. Department of Homeland Security, unless:

A. If you live in Guam, make it payable to Treasurer, Guam.

B. If you live in the U.S. Virgin Islands, make it payable to Commissioner of Finance of the Virgin Islands.

C. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.

NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""

Edited April 4, 2009 by poochie

[divasheart 0]

This is taken from the form Immigration sent me. They have changed who the check is made out to. They have NOT updated their form. This is exactly what the notice from Immigration says:

NOTE: Since the reorganization of the INS into three new agencies under the Department of Homeland Security, there has been confusion regarding who remittances should be made payable to. UNLESS SPECIFIED ABOVE, your application is NOT being rejected for incorrect payee information, however to ensure proper processing of future applications, please make check payable and/or money orders payable to "Department of Homeland Security" or "U.S. Citizenship and Immigration Services."

Thanks.

[-B&T- 1]

Thanks for the update.