Request for Evidence - Notice we filed late but did not file late

[apricot123 0]

We received a request for additional evidence stating that we filed 366 days late requesting an explanation with evidence as to why. My husband's green card expired 1/2020 and we filed

I-751  1/2019 and received uscis notice of receipt. It was obviously within 90 days as advised on the uscis website. 

 

Has anyone else had this happen? 

[mushroomspore 3,044]

39 minutes ago, apricot123 said:

We received a request for additional evidence stating that we filed 366 days late requesting an explanation with evidence as to why. My husband's green card expired 1/2020 and we filed

I-751  1/2019 and received uscis notice of receipt. It was obviously within 90 days as advised on the uscis website. 

 

Has anyone else had this happen? 

Wow, never heard of them sending this kind of RFE but I'd respond to it like a normal RFE with:

 

1. Letter of explanation

2. Photocopy of I-751 receipt notice with a big Post-in with big arrows pointing to the letter's date

3. Photocopy of your husband's green card

 

By the way, do you mean you filed I-751 on 11/2019 (Nov 2019) instead of 1/2019 (Jan 2019)?

Edited November 18, 2020 by mushroomspore

[Ayrton 965]

1 hour ago, apricot123 said:

We received a request for additional evidence stating that we filed 366 days late requesting an explanation with evidence as to why. My husband's green card expired 1/2020 and we filed

I-751  1/2019 and received uscis notice of receipt. It was obviously within 90 days as advised on the uscis website. 

 

Has anyone else had this happen? 

I believe you mistyped the dates on your post. 

 

Are the dates on the GC correct? I've seen people receiving GC with incorrect dates, but instead of applying for I-90, they just keep the green card and don't file ROC within the correct time frame.

[HRQX 4,145]

3 minutes ago, Ayrton said:

Are the dates on the GC correct? I've seen people receiving GC with incorrect dates, but instead of applying for I-90, they just keep the green card and don't file ROC within the correct time frame.

Per OP's timeline, GC expired on January 2020 and I-751 was filed November 2019: https://www.visajourney.com/timeline/profile.php?id=231443

[millefleur 5,046]

**Moved from AOS Case Filing and Progress Reports to ROC Discussion**

[Scandi 4,166]

I too am wondering about the dates on the actual greencard. Sometimes USCIS messes up the dates, and whatever date is on the greencard is usually the same date they have in their system. If that date is wrong then the system will react to late or early filings based on that date.

[apricot123 0]

Edit: I mistyped. We filed 11/2019 (not 1/2019).

 

The green card expiration date is accurate as we had our interview January 2018 and therefore the green card expired 2 years later 1/2020 so filing on 11/2019 was within the 90 days expiration period. 

Edited November 19, 2020 by apricot123
Mistype

[StuTor 51]

17 hours ago, apricot123 said:

Edit: I mistyped. We filed 11/2019 (not 1/2019).

 

The green card expiration date is accurate as we had our interview January 2018 and therefore the green card expired 2 years later 1/2020 so filing on 11/2019 was within the 90 days expiration period. 

As someone else mentioned, I'd respond to the RFE ASAP; with a photocopy of your husband green card's highlighting the issue date, and expiration date. Additionally include a copy of the NOA, you received when you filed for ROC, highlighting the receipt date.

[Villanelle 4,122]

Do you have a copy of the 751 you sent? Please go over it line by line and check everything is correct. Just like you mistyped here you may have mistyped something on the form. Remember the forms use the US date version of month, day, year. You may have accidentally written something in the day, month, year format. 

 

That may be the error or you otherwise have an incorrect date somewhere on your petition, on your card, or in their system. The RFE says you filed 366 days late (they consider filing date the date on the NOA) so if your NOA is dated 11/29/19 it seems they believe your ROC was due 366 ago which is 11/28/2018. So according to the RFE ROC was due 11/28/2018 in which case your card should say resident since 11/28/2016 expires 11/28/2018. 

 

According to your timeline your card was issued resident since 1/25/2018, expires 1/25/2020. The earliest you could file is 10/27/2019 and you filed 11/29/2019 and have done your biometrics already in 2/2020. 

 

It seems possible that the "1" was entered as "11" or vice versa. When you write your response to the RFE it may be a good idea to list out the dates using words like Jan or Nov rather then 1 or 11 so the error is more visible. 

 

As others have stated the only thing you can do is respond and explain the dates are correct. Check your card and your petition though to make sure there was no errors. Was the RFE asking for anything else besides the explanation of late filing? It could be they generated the RFE by mistake as well since the RFE system is nothing more then them selecting auto generated things from a list. They may have intended to send you an RFe for something else and picked late filing instead of something else. 

 

Make sure to send your response with a tracking number and use the cover sheet they gave you to submit it back with. Keep an eye on your online status. Often it will update as RFE response received- they then have about 60 days in which to process your response. Sometimes it also shows they processed your response. You may not get any online updates about it and thats fine too. The online system is a courtesy and is not always accurate. If for some reason they reject your RFE and deny you, you will want to get your congressman involved to help you sort things out. 

[apricot123 0]

Thanks for your response. We scanned the form thoroughly and noticed one error. Green card expiration was requested in mm/dd/yyyy format and my husband entered 01/25/20 rather than 01/25/2020. It still doesn't really make sense that it would be 366 days late though. Not sure. We responded with the RFE sheet and a copy of the receipt of notice from uscis and copy of green card highlighting expiration date. 

[HRQX 4,145]

1 minute ago, apricot123 said:

We responded with the RFE sheet and a copy of the receipt of notice from uscis and copy of green card highlighting expiration date. 

I recommend to also contact Ombudsman online: "I have received action or decision that involves clear errors of fact or misapplication of law by USCIS." https://www.dhs.gov/topic/cis-ombudsman/forms/7001 For example, I contacted them about 4 weeks ago on Oct. 25 because USCIS made a clear error on a case I filed and USCIS reversed the initial denial on Nov. 3:

So less than 2 weeks.

[mushroomspore 3,044]

On 11/21/2020 at 4:30 PM, apricot123 said:

Thanks for your response. We scanned the form thoroughly and noticed one error. Green card expiration was requested in mm/dd/yyyy format and my husband entered 01/25/20 rather than 01/25/2020. It still doesn't really make sense that it would be 366 days late though. Not sure. We responded with the RFE sheet and a copy of the receipt of notice from uscis and copy of green card highlighting expiration date. 

Hmm, that minor error still doesn't seem like a big enough reason to send you a notice that you guys filed late. Nonetheless, they're kinda bad at keeping track of their own records. My original green card had the wrong "Resident Since" and "Expiry" dates. I filed an I-90 to get it corrected and was really lucky to get the new card within a month. However, a few months after that, they sent me a letter reminding me to file I-751 based on the incorrect dates. I contacted my senator's office and luckily, nothing happened. They didn't even send me a reminder letter when it actually came time for me to file I-751. Smh.