Has anyone filed at 81-90 days before the two year green card expired and been rejected for early filing

[Mike E 11,739]

In another thread I mentioned that we planned to file at exactly 90 days before my wife’s green card expires.
 

I was advised  that  we should file at 80 days before her green card as to do otherwise was a “recipe for disaster” and would risk rejection for “early filing”.  
 

I don’t understand how this could be possible except if the petition was sent from say Tokyo which probably using a same day courier service to Phoenix.  Thus it would possible for for a package sent say July 2, to arrive July 1 due to the international date line.  I’ve ridden  several flights from Tokyo and experienced arriving the day before I left.  
 

Otherwise I don’t see it.  
 

Please no examples of petitions sent at 91 days before the green card expired that were rejected.  I am aware of those cases (petitioners thought the package would not get delivered same day but it was).  
 

Thanks.  

[elmers 293]

Applications received before, sometimes on, the 90 day mark have been and will be rejected. Simple as that. So, 89 days or later, you're safe. I sent mine at 88 days, got there on 86th just to be safe.

Edited June 6, 2021 by elmers

[Crazy Cat 41,845]

There are people who send their I-751 package BEFORE the 90 day window open, in hopes that it will arrive at USCIS on exactly the 90th day before the green card expires.  I have never understood why they want to take the chance that the package just might arrive earlier than expected.  I always suggest people wait to mail the package after the window opens.  Sending it on day 80 is fine....

[Crazy Cat 41,845]

3 hours ago, Mike E said:

I don’t understand how this could be possible except if the petition was sent from say Tokyo which probably using a same day courier service to Phoenix.  Thus it would possible for for a package sent say July 2, to arrive July 1 due to the international date line.

I agree 100%.  The closest thig to this is when someone on one US coast submits an online application at exactly midnight on day #1 of eligibility.  I have seen a couple cases get rejected for early filing (N-400) due to different time zones. 

Edited June 6, 2021 by Lucky Cat

[Mike E 11,739]

2 hours ago, elmers said:

Applications received before, sometimes on, the 90 day mark have been and will be rejected. Simple as that. So, 89 days or later, you're safe. I sent mine at 88 days, got there on 86th just to be safe.

What is the legal basis for rejecting applications from hat have sent and received at the 90 day mark?

 

Are you suggesting that https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse is incorrect?

 

Can you link to such cases?

Edited June 6, 2021 by Mike E

[Letspaintcookies 2,310]

I can see applicants not counting right ending up being a day off and suddenly having a receipt stamp on day 91. I can see the receiving person counting wrong or not looking correctly and rejecting an actual fine package. With it taking about 2 months these days to actual making it to somebody receiving your package and then about 2 months again to get your stuff back to find out why it was rejected that would be around 4 months wasted even though it might not have been your fault. So waiting till day 80 puts you totally on the safe side.

[JeanneAdil 6,498]

the one mistake i saw a person do was assume 30 days in a month

and they assumed 30 days from june 5th to july 5th and 30 from july to august 

the card expired September 5th so filing June 5th was 2 days too early

both July and August have 31 days

 

you actually need a calendar and count backwards the 90 days 

Edited June 6, 2021 by JeanneAdil

[Diane and Chris 651]

12 hours ago, Mike E said:

In another thread I mentioned that we planned to file at exactly 90 days before my wife’s green card expires.
 

I was advised  that  we should file at 80 days before her green card as to do otherwise was a “recipe for disaster” and would risk rejection for “early filing”.  
 

I don’t understand how this could be possible except if the petition was sent from say Tokyo which probably using a same day courier service to Phoenix.  Thus it would possible for for a package sent say July 2, to arrive July 1 due to the international date line.  I’ve ridden  several flights from Tokyo and experienced arriving the day before I left.  
 

Otherwise I don’t see it.  
 

Please no examples of petitions sent at 91 days before the green card expired that were rejected.  I am aware of those cases (petitioners thought the package would not get delivered same day but it was).  
 

Thanks.  

Why not wait a day or two?  Not going to make much difference, if any. 

[Mike E 11,739]

4 hours ago, Letspaintcookies said:

I can see applicants not counting right ending up being a day off and suddenly having a receipt stamp on day 91. I can see the receiving person counting wrong or not looking correctly and rejecting an actual fine package.

Can you see these problems using 

https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse ?

 

 

38 minutes ago, Diane and Chris said:

Why not wait a day or two?  Not going to make much difference, if any. 

Why wait a day or two?

3 hours ago, JeanneAdil said:

the one mistake i saw a person do was assume 30 days in a month

and they assumed 30 days from june 5th to july 5th and 30 from july to august 

the card expired September 5th so filing June 5th was 2 days too early

both July and August have 31 days

 

you actually need a calendar and count backwards the 90 days 

Or you could use https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

[Dashinka 24,493]

8 hours ago, Mike E said:

What is the legal basis for rejecting applications from hat have sent and received at the 90 day mark?

 

Are you suggesting that https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse is incorrect?

 

Can you link to such cases?

I am not aware of any legal basis for an application received exactly 90 days prior to the expiration date being rejected.  As others have mentioned, the issues are with people not counting properly, or trying to estimate the delivery time.  If you are certain your calculation is correct, I don’t see you having any issues in sending it exactly 90 days ahead.

[mindthegap 2,590]

I suspect many USCIS employees would struggle to count beyond the number 10 without removing their socks, so reading a date may be difficult for some.

I’ve also been on the receiving end of multiple breaches of USCIS policy and flat out lies, so putting faith on something being accepted on that exact date of eligibility has some risk attached.  

 

For the sake of risk and ballache of it being rejected and re-sending, it’s worth  an additional 24-48hr wait. 

[Letspaintcookies 2,310]

This forum has seen the weirdest things happen with USCIS and immigration in general that's why many advise to give it a couple days and don't rush it. If you want to file exactly on day 90 that's totally up to you. Go for it.

[valentinasc 330]

I sent my petition exactly when my 90 days opened up, only because I am stationed overseas and mail gets about 2 weeks to send/receive; but if I was in the US I would have probably waited a few days to send it

[Lemonslice 4,838]

8 hours ago, Mike E said:

Can you see these problems using 

https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse ?

 

 

Why wait a day or two?

Or you could use https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

If you plan to send it 90 days before and do not want to wait, then don't. If the person opening your package at the other end is not as good as you are using that calculator, then they'll send it back to you... You'll get it back a few weeks later, and can resend it to them around 60 days before expiration.  Doesn't really matter, there's no prize for filling early - the extension letter can be forwarded by mail/courier, unlike the Advance Parole.

[Mike E 11,739]

3 hours ago, Lemonslice said:

If you plan to send it 90 days before and do not want to wait, then don't. If the person opening your package at the other end is not as good as you are using that calculator, then they'll send it back to you...

 

Per my question in my OP, do you know of any case where this happened?

 

 

3 hours ago, Lemonslice said:

 

 

You'll get it back a few weeks later,

these days more like several months 

 

3 hours ago, Lemonslice said:

 

 

and can resend it to them around 60 days before expiration.  Doesn't really matter, there's no prize for filling early - the extension

 

well the prize for sending it “early” (aka as soon a legally allowed) is potentially earlier processing, and if USPS is having delivery problems, less chance of it arriving late.  
 

All of which is interesting.  No one seems to be able to answer the question and instead fall back to fear, uncertainty, and doubt.