Postmark date when filing I-751? Mail out 1-2 days before 90 days?

[johnson1 0]

My wife's 90 day window for filing the I-757 is coming up soon. Is the USCIS filing date based on when they physically receive and process the package or when it is postmarked? Mail generally takes 1-2 days for transit, so if you were to mail it on say...day 91 or day 92, they would otherwise receive it by day 90.

Edited November 18, 2019 by johnson1

[Scandi 4,168]

There's no reason to send it early, even if it's just one day. Wait until the window is actually open, it's not like they will process the case any faster just because you sent it two days prior. 

[Crazy Cat 41,981]

Agree with @Scandi.  Just wait a couple days after the 90 window opens.....I recommend USPS priority mail......

[geowrian 22,337]

Not worth risking they receive it even 1 day early and having to reject it. Wait the couple days...you're not losing out on anything.

[Pitaya 2,577]

If you want to send it in early, go ahead... If USCIS receives it early, they will reject it, and return it to you, hopefully it won't get lost in the mail.  Then when you resend it you can be relatively certain that USCIS will receive your package in the prescribed timeframe. 

[Scandi 4,168]

Should also add that if it does get rejected it'll take a month to know for certain that it was rejected, you only know once the package shows up in your mailbox. Meaning a whole month until you can resend it. A lot of time lost for nothing.

[SkruDe 311]

DO NOT send it early. Send it 2-3 days AFTER the 90 day window opens up.

[aaron2020 11,651]

DO NOT SEND IT EARLY.  

 

SEND IT 2-3 DAYS AFTER SHE CAN FILE.

 

EVEN ONE DAY EARLY IS GOING TO CAUSE PROBLEMS.

[Elethiomel 86]

I sent it the day before my window, it arrived the day after the window opened and my actual receipt date ended up being a couple of days later. I ended up panicking because people told me the postmark was what determined "filing date". 

 

I did some research in the Code of Federal Regulations and it seems like posting date doesn't matter for this purpose, it is actual date of receipt. "The date of filing is not the date of mailing, but the actual receipt of receipt at the designated 
filing location. 8 C.F.R. 103.2(a)(7)(i)." was from a USCIS Decision I found on the topic.

 

Now, that said, I had a massive anxiety it would be rejected because I mailed it early so why subject yourself to that? If I could do it again I would just mail it the day the window opened, or a couple of days later if you want to play it safe.

Edited November 18, 2019 by Elethiomel
Error

[geowrian 22,337]

21 minutes ago, Elethiomel said:

I sent it the day before my window, it arrived the day after the window opened and my actual receipt date ended up being a couple of days later. I ended up panicking because people told me the postmark was what determined "filing date". 

 

I did some research in the Code of Federal Regulations and it seems like posting date doesn't matter for this purpose, it is actual date of receipt. "The date of filing is not the date of mailing, but the actual receipt of receipt at the designated 
filing location. 8 C.F.R. 103.2(a)(7)(i)." was from a USCIS Decision I found on the topic.

 

Now, that said, I had a massive anxiety it would be rejected because I mailed it early so why subject yourself to that? If I could do it again I would just mail it the day the window opened, or a couple of days later if you want to play it safe.

Yes, the day they receive it is what matters. But as noted, no reason to tempt fate to save a day or 2 in a 1-2 year process.

[Elethiomel 86]

9 minutes ago, geowrian said:

Yes, the day they receive it is what matters. But as noted, no reason to tempt fate to save a day or 2 in a 1-2 year process.

I definitely agree. Would have saved me an anxiety attack if I just mailed it a couple of days later.

[aaron2020 11,651]

Paper filings are easy to time.

 

The problem will be electronic filings.  There was a poster who e-filed (something I forgot) when he was eligible and the computer system stamped it a few hours earlier.  He speculated it was because of time zone differences.  His e-filing was ultimately rejected.  

[Russ&Caro 1,549]

I agree with advice to not file early but I certainly understand the sentiment that every day matters in this long drawn out immigration journey. I had a co-worker who came to the USA fifteen years ago on a track scholarship, secured a work visa after college, eventually secured a green card through work, came to work for the org that I work for, waited 5 years to apply for citizenship, was approved, received an appointment for a naturalization ceremony (one month after my wife's ceremony) and then just 2 weeks before the ceremony was in a domestic violence situation with his wife. He spent time in jail, lost his job, lost his chance for naturalization. I'm not sure where he is now, what he's doing or what his immigration status is. Obviously, he has himself to blame. I tell the story only to illustrate that a few days can matter.

[HRQX 4,145]

3 hours ago, aaron2020 said:

The problem will be electronic filings.  There was a poster who e-filed (something I forgot) when he was eligible and the computer system stamped it a few hours earlier.  He speculated it was because of time zone differences.  His e-filing was ultimately rejected.  

Are you referring to @Hypnos's N-400? If so, it was ultimately approved:

@Hypnos became a USC on Valentine's Day of this year.

Edited November 18, 2019 by HRQX

[aaron2020 11,651]

4 minutes ago, HRQX said:

Are you referring to @Hypnos's N-400? If so, it was ultimately approved:

 

Cool.  Congratulations!