DHS has date of entry wrong. When do I file?

[Not a Tailor 1,370]

I entered the US on June 3, 2015.  This is printed on my green card.  I am approaching removal of conditions.  DHS just sent me a letter informing me that I need to remove conditions.  They claim that my date of entry is May 7th 2015.  I was planning to file right at the end of April or possibly as early as mid April (knowing I had arrived in June) after getting my tax returns so that we'd have the cash on hand.    I don't know if I should file earlier because DHS is incorrect and I do NOT want to risk being after my 90 days under any circumstances.  I don't know if it's even worth calling them.  I'm so confused by the fact that they think I was in the US the day after my interview happened, before my visa had even been printed.  

What should I do?  Is it worth calling them to ask?

Edited January 23, 2017 by Not a Tailor

[Sukie 1,464]

So your 90-day window using June 3rd as your entry date begins on something like March 5th, right?  If you sent in your packet as of that 90-day window, you would STILL be within the 90-day window for a May 7th date.  Just get the 90-days-before-June-3rd day right, and you should be fine!

 

You said you were planning on filing mid-April or late April.  This would satisfy both days.

 

Sukie in NY

[Not a Tailor 1,370]

I'm mostly worried that late April is cutting it too close on making sure they can't claim it 'arrived late' or something.

 

[AK_2014 113]

3 hours ago, Not a Tailor said:

I'm mostly worried that late April is cutting it too close on making sure they can't claim it 'arrived late' or something.

 

Mid/late April still sounds like a solid buffer, 2-3 weeks before the (wrong) entry date anniversary. Send it with tracking and you should be fine?

[Raph3876 1]

This is a common issue - they send the reminder letter based on when your Visa was granted and not the date on the GC. If you do some research on this forum you will see that it happened to a lot of people.

 

You need to file by the date on the GC - I was in the same situation and was told to file 90 days before the GC expiration. In any cases you will be fine given tha tthe two 90 day periods overlap.

 

 

[Dualie 185]

22 hours ago, Not a Tailor said:

I entered the US on June 3, 2015.  This is printed on my green card.  I am approaching removal of conditions.  DHS just sent me a letter informing me that I need to remove conditions.  They claim that my date of entry is May 7th 2015.  I was planning to file right at the end of April or possibly as early as mid April (knowing I had arrived in June) after getting my tax returns so that we'd have the cash on hand.    I don't know if I should file earlier because DHS is incorrect and I do NOT want to risk being after my 90 days under any circumstances.  I don't know if it's even worth calling them.  I'm so confused by the fact that they think I was in the US the day after my interview happened, before my visa had even been printed.  

What should I do?  Is it worth calling them to ask?

Hi there again Not a Tailor!  My entry date was also wrong on the letter I received and I was concerned. Apparently it happens often, but it states clearly on the USCIS website that the 90 day window begins 90 days prior to the date of your green card expiry, which should be two years from the date of POE.  I decided to stick to my original plan and I filed on January 18 - exactly 90 days from my green card's expiry date. This date also fell in the window of the date in the letter I received. If you file on the date exactly 90 days from the expiry of your green card, you should be fine as that is how it is worded on the website in their instructions.

 

I don't understand why or how they can figure that we POE on the day that the visa is issued, but I do believe that it's human error as it happens a lot.  Like I said, I disregarded the letter and filed on the first day of the 90 day window. The alternative would have been to make an infopass appointment in St. Paul - 4 hours away - to be told it was probably an error. I can't afford to take a day off for nothing. You are welcome to so so however, for peace of mind. I am just stating here what I have done, and that an infopass was suggested. I am not sweating this process like the original CR1, as I am gainfully employed, pay my taxes and live within the law.  I have all the evidence needed and gave it to them, so I'll just monitor my case accordingly and not overthink things.

 

Anyway...it's nice to see a familiar name here, and I wish you luck in this leg of the journey!

[Ketsuban 1,034]

When you remove conditions, you have to send a copy of the front and back of your current Green Card. From that, they'll see when you actually entered, and they will actually have it in the system when you entered. They've been eroneously sending out letters based on visa interview dates due to a system glitch.