Application Rejected, Filed too early, Resident since 12/15/2010

[Waiter 2]

resident since date is 12/15/2010 on green card, valid for 10 years IR6.category.

I filed on 3 year base, married to us citizen.

application sent 10/02/2013 , received by uscis 10/02/2013.priority date 10/03/2013.

Uscis sent my application packet back with Rejection notice which states,

application for naturalization you submitted. your n 400 fees and any supporting documents are being returned to you for the following reasons.

Part 2 of the form n-400 application for naturalization , information about your eligibility , shows that you are seeking naturalization based on either,

A) section 316(a) - resided continuously in the united states for atleast 5 years after admission as a lawful permanent resident, or

b) section 319(a) - resided continuously in the united states for atleast 3 years after admission as a lawful permanent resident based on marriage to US Citizen.

Section 334 (a) of the act states, in pertinent part:

In the case of an applicant subject to our requirement of continuous residence under section (316)a or (319)a, the application for naturalization may be filed upto 90 days before the date the applicant would first otherwise meets such continuous residence requirement.

The information provided with your application indicates you have filed your application more than 90 days before meeting the continuous residence requirement for the category selected. therefore you are ineligible to file for naturalization at this time under the category selected. please resubmit your completed form n 400 with appropriate fees including all supporting evidence.

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according to my calculation applicant became eligible on september 15 2013 , eligible to file 90 days prior to 12/15/2010 resident since date.

what did i do wrong here? I sent in everything required including correct fees and all. what gives

[Umka36 781]

Have you left the US for trips of 6 months or more at a time?

[NickD 203]

09/18/2013 would have been your earliest date applying for the marriage privilege. You are past that date. Assumed you checked apply with marriage on the N-400 and not the five year thing, and met the residency requirements.

Or maybe your officer is going blind.

[Umka36 781]

Have you left the US for trips of 6 months or more at a time?

The following site is why I am asking, but if it does not pertain to you then please ignore what I wrote.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

[Waiter 2]

The following site is why I am asking, but if it does not pertain to you then please ignore what I wrote.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

The total days out of US in past 3 years only 9 days to canada. thats it.

[Waiter 2]

09/18/2013 would have been your earliest date applying for the marriage privilege. You are past that date. Assumed you checked apply with marriage on the N-400 and not the five year thing, and met the residency requirements.

Or maybe your officer is going blind.

Exactly NickD,

that person must be on drugs. now what do i do ?

[girimurthy 5]

On Part 2 of the N400 you did select the second option for Marriage right. If you did then assuming that person is on drugs just resubmit the N400 again.

[Dave&Roza 748]

Exactly NickD,

that person must be on drugs. now what do i do ?

Re-apply and hope the next person realizes that 90 days before your 3 year anniversary is September. Maybe this person was not aware of the 90 day rule and expected you to wait until December.

At least it is only the price of postage.

Dave

[Waiter 2]

Re-apply and hope the next person realizes that 90 days before your 3 year anniversary is September. Maybe this person was not aware of the 90 day rule and expected you to wait until December.

At least it is only the price of postage.

Dave

Yes, i checked 3 year boc married to us citizen.

Ok here is the question:

was this computer which rejected the case, so we can call it computer error in this case OR was it a human who calculated the dates wrong and rejected?

[Okalian 41]

Schedule an infopass and take the notice with you. Ask to speak to a supervisor (you have the right to) and present your case.

[cat21 0]

09/18/2013 would have been your earliest date applying for the marriage privilege. You are past that date. Assumed you checked apply with marriage on the N-400 and not the five year thing, and met the residency requirements.

Or maybe your officer is going blind.

Exactly NickD,

that person must be on drugs. now what do i do ?

On Part 2 of the N400 you did select the second option for Marriage right. If you did then assuming that person is on drugs just resubmit the N400 again.

im so sorry i cannot help but just wanted to comment cos it makes me laugh specialy these 2 conversation,, lol .. well im not taking drugs.. it's just funny how you guys talk about that officer,.. maybe going blind,,, maybe on drugs... and assuming that he is on drugs.. instead of maybe he was just sleepy and tired lol .. sorry but it was funny i mean your conversation.

well anyways i hope somebody here can help you with your case

Edited October 11, 2013 by cat21

[NickD 203]

USCIS is very date specific, like with my stepson, a month older than 21, could not petition for me, or my stepdaughter, six days older than 18 so couldn't be an automatic citizen when her mom was naturalized. Any proof of excessive delays in processing was a worthless argument, was a conservative argument, 18 is 18,

In regards to filing out the form, even though your girls are female and even over 26 years of age, make sure you type in a N/A on that selective service thing.

They do say 90 days before your third green card anniversary date, but what day do you count from, the day of your anniversary or the day before? On this bases, we just used 88 days, and the day we typed on the application looking at the calendar was exactly the same date we send it off. Even though the package sat on the counter for a couple of days.

For my stepdaughter's N-400, single, female, didn't give any money to the United Way, etc., her N-400 consisted mostly of N/A's. Ha, normally have to print out those ten pages, 3 or 4 times to make sure every single line is correct.

Legally, they can keep your check and return your application with just one simple error. And doesn't seem to make any difference whether it yours or theres.

Why can't that have two N-400 forms? One for the three year the other for the five, using a common form and really twist your brain. Then they have the nerve to say, average time is six hours. After you download and read that M-476 manual, all the latest supplements, latest form, compile all that evidence they want again, more like 40 hours. In that latest supplement for evidence, use the legal term, OR, when your IO reads that as AND.

Then you are dealing with one IO that thinks, he or she is some kind of a god.

[Waiter 2]

Agree,

I mailed the application back to them today with explaination as to why I think i am eligible. and i also have oct 23rd info pass appointment, why? here's my plan.

My first application was back into my hands in one week with rejection and lets say they will receive my re sent application on tue cuz monday is holiday, and they still reject it, it should be back into my hands again by oct 21st ot 22nd, if that happens i will go to info pass with 2 rejections. and if they keep their eyes open and read correctly and do their math correctly, they will accept my application and i will cancel the info pass appointment. Now only to see what is going to happen. so far i am just wasting money on postages. One govt dept. screws up, other govt. dept makes more money, uscis ?--> usps $$$.

[Waiter 2]

im so sorry i cannot help but just wanted to comment cos it makes me laugh specialy these 2 conversation,, lol .. well im not taking drugs.. it's just funny how you guys talk about that officer,.. maybe going blind,,, maybe on drugs... and assuming that he is on drugs.. instead of maybe he was just sleepy and tired lol .. sorry but it was funny i mean your conversation.

well anyways i hope somebody here can help you with your case

cat21, lol yeah

[Waiter 2]

Alright, they received the packet today, again. lets see if they look at it closely and decide to accept the application, instead of rejecting it wrongfully once again.