Submitted form I-751 23 days earlier than 90 days window

[Koko bongo 2]

Please, advice, i submitted my Form I-751(Petition to Remove Conditions on Residence) 23 days earlier from the 90 days window. Note that they (USCIS) had already sent me 2 communications after they received my application. first was the receipt notice extending my resident status for another 18 months from the expiration date and the 2nd notice confirming that they have my biometrics already and that will be used so i wont be needing to go for another. This was good news to me not until today when i received another mail (Decision) from UCIS stating that i applied earlier than the 90 days window. Hence, i'll have to put in a new application with fees again. Please, can i appeal this if so how. thanks. 

[HRQX 4,145]

15 minutes ago, Koko bongo said:

Please, can i appeal this

If you were still married at the time of filing, then no. In that case, the decision is proper per 8 CFR § 216.4.

Edited November 22, 2020 by HRQX

[aaron2020 11,651]

Sorry, USCIS made the proper decision.

 

You can not appeal since you made the mistake of applying early.  USCIS did not make a mistake that you can appeal.

 

You paid for processing the I-751.  USCIS processed the I-751 and determined that you filed early.

 

All you can do is file again and follow the instructions exactly.  

Edited November 22, 2020 by aaron2020

[milimelo 4,481]

Appeal what? The decision is correct as you didn’t follow the instructions and filed early. They processed your case. 
 

Next time file on time and follow all instructions. 

[Dashinka 24,508]

Are you still within the 90 day window?

[Koko bongo 2]

1 hour ago, Dashinka said:

Are you still within the 90 day window?

Yes, the temporary GC expires Jan 10, 2021. I applied earlier due to pressure caused by covid 19

[Crazy Cat 41,885]

2 minutes ago, Koko bongo said:

Yes, the temporary GC expires Jan 10, 2021. I applied earlier due to pressure caused by covid 19

I agree with the others.  USCIS made the proper decision.  You filed too early.  There is nothing to appeal.

[Dashinka 24,508]

1 hour ago, Koko bongo said:

Yes, the temporary GC expires Jan 10, 2021. I applied earlier due to pressure caused by covid 19

Then I would suggest getting the new application filed as soon as possible so you don’t have to explain late filing.

 

Good Luck!

[Crazy Cat 41,885]

2 hours ago, Koko bongo said:

I applied earlier due to pressure caused by covid 19

I don't understand this.  

[Imani 105]

5 minutes ago, Lucky Cat said:

I don't understand this.  

neither do i...

 

[dwheels76 5,468]

3 hours ago, Koko bongo said:

Yes, the temporary GC expires Jan 10, 2021. I applied earlier due to pressure caused by covid 19

That was not a reason. Only divorce is accepted to file before the 90 days. You have nothing to appeal. It's unfortunate though. I guess you can appeal them making you pay again because truly the petition should have been rejected and just sent back to you. But they took it processed it then caught their mistake. So really it was both your mistakes you did file early but they made the mistake to not reject but process and take your money. An expensive $680 lesson.

 

You can try going through the Ombudsman office and see if they ca help if you truly trying to fight the money. It will take a long time and I doubt you would get any positive resolution.

 

You were eligible to file 10/12/2020. When did you actually file?

[Ontarkie 14,226]

~~Moved to ROC, form AOS FAmily - as this is a ROC step not AOS.~~

[Koko bongo 2]

2 minutes ago, dwheels76 said:

That was not a reason. Only divorce is accepted to file before the 90 days. You have nothing to appeal. It's unfortunate though. I guess you can appeal them making you pay again because truly the petition should have been rejected and just sent back to you. But they took it processed it then caught their mistake. So really it was both your mistakes you did file early but they made the mistake to not reject but process and take your money. An expensive $680 lesson.

 

You can try going through the Ombudsman office and see if they ca help if you truly trying to fight the money. It will take a long time and I doubt you would get any positive resolution.

 

You were eligible to file 10/12/2020. When did you actually file?

I filed Sept. 17 i.e. 23 days earlier than the 90 days window. 

[Cyberfx1024 7,980]

8 hours ago, Koko bongo said:

I filed Sept. 17 i.e. 23 days earlier than the 90 days window. 

Then you just need to refile again with the new fees. You lost the previous money because you decided to file way to early. 

Edited November 23, 2020 by Cyberfx1024