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Posted

Hey guys, we got an RFE from USCIS SRC saying that we filed late and must provide a reason for late filing. My conditional card expired on January 10, 2019, and they received our I-751 on November 06, 2018. 
 

We did get our NOA very late, in February 2019, but the receipt date was still correct.
 

This means we filed within the 90-day window, right? I just want to make sure I am not crazy 😕

01-16-2016: AOS package sent

01-09-2017: AOS (I-130 and I-485) granted

10-31-2018: I-751 filed

01-25-2019 NOA received (Extension letter, Biometrics waiver letter)

10-19-2019 Biometrics letter received

10-30-2019 Biometrics to be completed

Posted
On 2/1/2020 at 11:31 AM, Patsyuchok said:

Hey guys, we got an RFE from USCIS SRC saying that we filed late and must provide a reason for late filing. My conditional card expired on January 10, 2019, and they received our I-751 on November 06, 2018. 
 

We did get our NOA very late, in February 2019, but the receipt date was still correct.
 

This means we filed within the 90-day window, right? I just want to make sure I am not crazy 😕

What is the receipt date on your extension? 

You need to write a letter explaining your 90 days window and summarizing your timeline and add a copy of your expired green card + copy of your extension letter with highlighted dates.

There must be a mistake on their account. 

Posted
20 minutes ago, Malauriea said:

What is the receipt date on your extension? 

You need to write a letter explaining your 90 days window and summarizing your timeline and add a copy of your expired green card + copy of your extension letter with highlighted dates.

There must be a mistake on their account. 

Thanks for your response, @Malauriea! The extension receipt date is November 2, but the date the extension was issued was really late - in March 2019. I wonder if the officer looked at the wrong date?

 

I will send back a letter explaining that this must be a misunderstanding and enclose my expired green card, extension letter, a 120-day notice from September 2018 stating that I should submit I-751 within 90 days of January 2019, and a UPS notice showing that USCIS received my package November 2.

 

Do you think I need to consult with or add a lawyer for this? It seems like an obvious misunderstanding on the part of USCIS and should not require a lawyer, but the fact that they consider my case to be filed late stresses me out.

01-16-2016: AOS package sent

01-09-2017: AOS (I-130 and I-485) granted

10-31-2018: I-751 filed

01-25-2019 NOA received (Extension letter, Biometrics waiver letter)

10-19-2019 Biometrics letter received

10-30-2019 Biometrics to be completed

Posted
2 hours ago, Patsyuchok said:

Thanks for your response, @Malauriea! The extension receipt date is November 2, but the date the extension was issued was really late - in March 2019. I wonder if the officer looked at the wrong date?

 

I will send back a letter explaining that this must be a misunderstanding and enclose my expired green card, extension letter, a 120-day notice from September 2018 stating that I should submit I-751 within 90 days of January 2019, and a UPS notice showing that USCIS received my package November 2.

 

Do you think I need to consult with or add a lawyer for this? It seems like an obvious misunderstanding on the part of USCIS and should not require a lawyer, but the fact that they consider my case to be filed late stresses me out.

Ok so the date on your extension letter is November 2nd 2018? That's what they call "Received date" different from "Notice date".

The notice date is the date the receipt was issued. 

The received date is the date the application was received. 

Do you have them At different dates?

Posted
1 minute ago, Malauriea said:

Ok so the date on your extension letter is November 2nd 2018? That's what they call "Received date" different from "Notice date".

The notice date is the date the receipt was issued. 

The received date is the date the application was received. 

Do you have them At different dates?

Correct- on the extension letter there are two dates: the received date is November 2, 2018 and the notice date is March 8, 2019. 
 

Basically I waited about four months before I got the extension letter.

01-16-2016: AOS package sent

01-09-2017: AOS (I-130 and I-485) granted

10-31-2018: I-751 filed

01-25-2019 NOA received (Extension letter, Biometrics waiver letter)

10-19-2019 Biometrics letter received

10-30-2019 Biometrics to be completed

Posted
6 hours ago, Patsyuchok said:

Correct- on the extension letter there are two dates: the received date is November 2, 2018 and the notice date is March 8, 2019. 
 

Basically I waited about four months before I got the extension letter.

Ok. That's Good. 

For the lawyer part, I think you should save your money for now and do a first attempt yourself by simply explaining your case "to whom it may concern" by highlighting the differentes dates and explaining the mistake on their part.

You definitely don't need a lawyer for that. You just need to demonstrate that a mistake was done and you did everything right. 

If you filed late like they said, they would not have issued you an extension at first place, but a notice of late filing since November 2018.

 

Filed: Lift. Cond. (pnd) Country: Ghana
Timeline
Posted
2 hours ago, Malauriea said:

Ok. That's Good. 

For the lawyer part, I think you should save your money for now and do a first attempt yourself by simply explaining your case "to whom it may concern" by highlighting the differentes dates and explaining the mistake on their part.

You definitely don't need a lawyer for that. You just need to demonstrate that a mistake was done and you did everything right. 

If you filed late like they said, they would not have issued you an extension at first place, but a notice of late filing since November 2018.

 

Right

Filed: Citizen (pnd) Country: Canada
Timeline
Posted
On 2/2/2020 at 5:11 PM, Patsyuchok said:

I will send back a letter explaining that this must be a misunderstanding and enclose my expired green card, extension letter, a 120-day notice from September 2018 stating that I should submit I-751 within 90 days of January 2019, and a UPS notice showing that USCIS received my package November 2.

Yes, that should be more than enough to get this corrected.  Perhaps even trying to call a Tier 2 officer before sending paperwork in?  One small note, send copies of the green card and extension letter, not the originals.

I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

Oct 21, 2016: NOA2 Notice by App (LIN)

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Jan 23, 2017: Interview...Approved!

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox 

March 3, 2020: Approved by CSC

 

N-400

Feb 2, 2020: File N-400 online

Feb 25, 2020: Biometrics

 

 

Posted

Thanks @Malauriea and @AstroCanada
 

I called USCIS contact center today and they confirmed that I filed on time. They also said to explain this in my response to the RFE (as well as send copies of the GC and extension letter).

 

I think that in addition to the evidence of timely filing, I’ll also add copies of newer evidence of our relationship and hope to avoid getting one more RFE...

01-16-2016: AOS package sent

01-09-2017: AOS (I-130 and I-485) granted

10-31-2018: I-751 filed

01-25-2019 NOA received (Extension letter, Biometrics waiver letter)

10-19-2019 Biometrics letter received

10-30-2019 Biometrics to be completed

Posted
3 hours ago, Patsyuchok said:

Thanks @Malauriea and @AstroCanada
 

I called USCIS contact center today and they confirmed that I filed on time. They also said to explain this in my response to the RFE (as well as send copies of the GC and extension letter).

 

I think that in addition to the evidence of timely filing, I’ll also add copies of newer evidence of our relationship and hope to avoid getting one more RFE...

Yes yes that definitely a really good idea, being proactive with more evidences. Just specify that in your letter so they get on board with you on the same page. 

Definitely no lawyer needed for this inconvenience. Please keep us updated and I wish you the best outcome. 

Posted

Hello Guys,

 

Still nothing here. Crickets!....:-))

LIN filer - Oct. 2018, BIO done in July 2019, Old site is showing Case Was Updated To Show Fingerprints Were Taken, USCIS account : fingerprint review completed.

 

Have a good day.

 

Brunno..:-))

Posted

Quick update on my process. I got email and text today "Your new card is processed" 

Filed: 10/31/2018 California

Biometrics re-used 3/1/2019-ish

Case Transferred to Potomac: 7/5/2019-ish

Re-do Biometrics: 1/29/2020

Card in process: 2/4/2020

 

So exactly 15 months and 4 days from filing. Good luck all! 

Posted

Hello everybody... Today I received the great news... YOUR NEW CARD IS BEING PRODUCED!!!!

Texas Service Center.

SRC199007XXXX

 

Sent.  Oct-31-2018

Application Received Nov-13-2018

Fingerprints  Oct-31-2018

Approved Feb-04-2020.

 

No Interview and no request of more evidence. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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