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Please Clarify

By Adam2371 in Removing Conditions on Residency General Discussion

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Adam2371 Newbie

Adam2371   0

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So my wife's green card expires August 13, 2020 and the UPS package was delivered on Aug 7, 2020.  Does the USCIS consider the date it was delivered or the date the package is opened/ check is cashed? What if the package is opened AFTER the card is expired? I Should have sent it earlier ugh! 

Balaji_v Explorer

Balaji_v   121

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
2 minutes ago, Adam2371 said:

So my wife's green card expires August 13, 2020 and the UPS package was delivered on Aug 7, 2020.  Does the USCIS consider the date it was delivered or the date the package is opened/ check is cashed? What if the package is opened AFTER the card is expired? I Should have sent it earlier ugh! 

I believe they would consider the date they accepted the delivery of the package.!

Removal of Conditions:

08/20/2020 (Day 0)   --- Sent the ROC package to Phoenix, Arizona lockbox through USPS
08/22/2020 (Day 2)   --- Confirmation from USPS that USCIS received the packet.

08/28/2020 (Day 😎  --- NOA1 notification through email and text for the ROC.

09/02/2020 (Day 13) --- Received I-797, 18 month extension letter with notice date as 08/27/2020. 😇

10/17/2020 (Day 58) --- Received Biometrics notification through email and text that finger prints were applied from AOS stage.😁

06/11/2021 (Day 295) --- New Card is produced :dance:

 

Naturalization & US passport:

07/26/2021 (Day 1) --- Applied the form N-400 online and got the receipt notice.

07/28/2021 (Day 3) --- Received Biometrics notification in USCIS online account that finger prints were reused.😁

12/20/2021 (Day 148) --- Received online notification that Interview is scheduled for 01/27/2022 at Detroit USCIS Field Office.:dance:

01/27/2022 (Day 186)   --- Interview was successful but not given out right approval due to A-file not being available.

04/07/2022 (Day 256) --- Received notification that I am in line for Oath ceremony and it will be scheduled :dance:

04/11/2022 (Day 260)   --- Received notification that Oath ceremony was scheduled and notice was mailed. :jest:

 04/26/2022 (Day 275) --- Oath Ceremony.:jest: Became a US Citizen and received the Certificate of Naturalization. 🥰

05/11/2022 (Day 290) -- Applied for US passport at USPS.

05/18/2022 (Day 297) -- State Department site status says my Passport application is received and in progress and was given a locator number starting with 34.🤞

 

 

Crazy Cat Grand Master

Crazy Cat   42,055

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
3 minutes ago, Adam2371 said:

So my wife's green card expires August 13, 2020 and the UPS package was delivered on Aug 7, 2020.  Does the USCIS consider the date it was delivered or the date the package is opened/ check is cashed? What if the package is opened AFTER the card is expired? I Should have sent it earlier ugh! 

Delivered.  You're fine.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

mindthegap Experienced

mindthegap   2,599

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

I would be expecting it back in the mail soon.... 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Athens Collaborator

Athens   101

Posted
Filed: K-1 Visa Country: Greece
 Timeline
Posted
24 minutes ago, Adam2371 said:

So my wife's green card expires August 13, 2020 and the UPS package was delivered on Aug 7, 2020.  Does the USCIS consider the date it was delivered or the date the package is opened/ check is cashed? What if the package is opened AFTER the card is expired? I Should have sent it earlier ugh! 

Not good to take chances but if delivered August 7, it must be assigned and processed on Monday August 10 , Tuesday 11 or Wednesday 12. You are good but for next time, don’t wait till last minute because it can be denied and returned due to some other mistake order than sending it late. Good luck 

Crazy Cat Grand Master

Crazy Cat   42,055

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 hour ago, mindthegap said:

I would be expecting it back in the mail soon.... 

The package was delivered 6 days before the Green Card expired......why would the package be rejected?  Or did I misread something?

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,055

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
4 minutes ago, Athens said:

Not good to take chances but if delivered August 7, it must be assigned and processed on Monday August 10 , Tuesday 11 or Wednesday 12. You are good but for next time, don’t wait till last minute because it can be denied and returned due to some other mistake order than sending it late. Good luck 

It only has to be delivered before card expiration......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted
1 hour ago, Adam2371 said:

Does the USCIS consider the date it was delivered

Date it was delivered per 8 CFR 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

mindthegap Experienced

mindthegap   2,599

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
8 hours ago, Lucky Cat said:

The package was delivered 6 days before the Green Card expired......why would the package be rejected?  Or did I misread something?

Sorry- brain fart. Usually it’s people posting having had it delivered before the 90 day window.

Yes of course it will be fine in this instance.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Crazy Cat Grand Master

Crazy Cat   42,055

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
4 minutes ago, mindthegap said:

Sorry- brain fart. Usually it’s people posting having had it delivered before the 90 day window.

Yes of course it will be fine in this instance.

I had to read it several times, myself.....LOL......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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

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