When is form considered filed?

[maplestar 2]

Does anybody know when USCIS considers the I-751 as filed? Is it when postmarked? When it arrives at the USCIS office?

My two years expires 12/11/11 which is a Sunday. Does that mean it needs to be received by Friday to be filed on time?

This week will be a scramble!

[Inky 1,110]

It is considered filed when they get it.

Not when you mail it.

[mr and mrs 187]

it needs to be received and processed by USCIS on or before the expiry of your conditional green card.

received and processed means it has both arrived at the service center (CSC or VSC) and your filing has been processed (NOA1 generated). it is NOT the postmarked date.

if it were me, i would send overnight asap. monday would be ideal, though so woulda any day in the past 85 days or so.

dont rush the package too much. carefully look at what you are submitting. make sure you submit more than enough proof of a bona fide marriage. taxes are very important, as is all evidence of financial co-mingling since AOS. send an organized, complete package.

having said that, if you feel like you cant make the deadline, be sure to include a letter of explanation as to why you failed to file within the 90 window. they will send it back if it is late and without an explanation.

good luck! (youll be fine.)

[AmberOctober 25]

IMHO, just mail what you have right now, wait no more. They will send you an RFE but at least your docs will be considered accepted before the deadline. By the time an RFE arrives you will have everything else ready.

Edited December 4, 2011 by AmberOctober

[mr and mrs 187]

what you dont want is a returned package, so no matter how complete the evidence that you send is, be sure to include a letter of explanation addressing the lateness of your petition to remove conditions. a late petition without the letter may be returned to you by USCIS.

so, yes, send it quickly, but not without the letter.

[Drogs 24]

I filed mine towards the end of my 90 day window, i enclosed a letter just to let them know why it was done that way.

[maplestar 2]

Sent via Express Mail, guaranteed to arrive by tomorrow afternoon.

[JeremyR 8]

IMHO, just mail what you have right now, wait no more. They will send you an RFE but at least your docs will be considered accepted before the deadline. By the time an RFE arrives you will have everything else ready.

This isn't necessarily true. I took a similar (but not as urgent) chance and filed slightly down on evidence in order to be sure that I had enough time to get my NOA1 and renew my DL before it expired on the same day as the GC. I figured we probably had enough documentation and that if they wanted more they would probably just RFE us, right? Wrong We were interviewed last week, after more than 9 months and two service requests' worth of waiting (VSC filer ). The adjudicator told us that the reason we were being interviewed was insufficient supporting evidence. Quite frankly, we sent more than I see on the lists of a lot of people in this section but that's beside the point, I suppose...