Postmarked BEFORE July 30th

[kaush 0]

I could not find a thread dedicated to this problem and looks like several end of July filers have been facing the same issue. Hopefully with this thread we can share advice on how to deal with it. How did you deal with it, share your progress.

Here's what I have so far:

USCIS switched to their new fee schedule effective July 30th, 2007. A memo on the USCIS website states that "Applications or petitions postmarked or otherwise filed on or after today must include the new fee."

A few petitions postmarked before this date but received by USCIS on or after July 30th have been accepted and issues NOA1s. But it seems several of us have received a Rejection Notice because proper fee ($455.00) was not attached.

If anyone has made any progress AFTER receiving the notice and have any information on how we can handle it, lets share it. Here's what I have so far from several discussion threads.

This is happening a lot. The package was suppose to be postmarked by the 30th, not received by the 30th. I do not a link on hand, but I know that it is postmarked not received. I too am waiting for a rejection from USCIS due TO THEIR MISTAKE! I can't believe this gov't agency makes so many mistakes.

You have three options.

A) Make a infopass appointment and take all the evidence that you sent it out prior to the 30th.

B) Submit the paperwork as is, with a cover sheet stating that you sent the package prior to the 30th.

C) Submit and pay the new fees.

USCIS is ridiculous that they cannot follow their own rules.

Has anyone done any of this and received a response?

Another response:

Yeah, I was reading on some other website that people in this position were considering resubmitting with the new fee but making a separate appeal to obtain a refund. There is also some mention of contacting a USCIS ombudsman. Here's the link: http://boards.immigration.com/showthread.php?t=261575

If there is a name of anyone who handled your original application perhaps it might also be an idea to submit with a coloured front paper requesting the packet is not opened in the mailroom and marked for the attention of that particular officer (coloured paper is advised apparently when resubmitting) stating that you previously submitted in July and had the application returned. This might, at least, avoid an RFE on the visitation aspect later.

I'm in agreement with you that time is of a premium here. I just wish I knew the status of my application. It has been six weeks and nothing, no return, no check cashed..nothing. These things are often completely out of our hands.

Dave did get his NOA1 - petition postmarked before july 30th

I mailed my I-129F, w/ $170 check, to the NSC (from Wash state) on Saturday 7/28/07 at approx 4 PM Via the US Postal Service, just prior to the last mail pickup.

My packet was signed for in Nebraska around noon on Monday 7/30/07.

I have my NAO1 in front of me.

As someone who always waits till the last minute to do anything. I read the notice on the USCIS site and understood that If I got it postmarked prior to 7/30 then the $170 fee would be sufficient.

I disagree with Chris's interpretation on the deadline. I would take "otherwise filed" to mean hand delivered (or placed in a drop box).

For example your 'filing deadline' for the IRS is 4/15. A postmark on 4/15 11:59 PM is considered 'filed' on that date no matter when the IRS receives it or physically handles it.

I know I am not the only on whose petition was received on or after 7/30 with the old fee accepted.

I wonder if maybe some of the people who had their petitions returned might have unwittingly missed the postmark cutoff. Placed in a drop box on Friday or Saturday that was not picked up until Monday ? Does a Fed-ex timestamp/receipt qualify as a 'postmark' ?

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds the public that its

new fee schedule is effective today, July 30, 2007. Applications or petitions postmarked or

otherwise filed on or after today must include the new fee. USCIS will reject applications or

petitions containing an incorrect fee.

P.S. The odd thing about my NOA1 is the 'RECEIVED DATE' is marked as 7/28, the day I mailed it. 'NOTICE DATE' is 8/23. I believe I saw 'Theerak' (username) experienced the same.

Good luck to those of you who are having to deal with this. If you have a postmark prior to 7/30 I would call the USCIS for an explanation.

Dave

Going to throw my hat in the ring....I work as part-time event and services organiser for a law firm...now it's a scottish law firm that doesn't deal in immigration but I let one of the partners read the postmark argument. They say the wording goes along billy's description. "otherwise filed" means delivered by means other than postal service. So if they are being returned witha postmark before 30th, someone in their mailroom either has a serious grudge against immigration or they didn't get the memo!

Try this:

From the American Immigration Lawyers Association:

AILA InfoNet Doc. No. 07082862 (posted Aug. 28, 2007)

If you receive a rejected petition or application on the basis of improper fees, please do the following:

1. Verify RECEIPT and POSTMARK date.

2. If it appears to be an improvident rejection, resubmit the original application/petition to the Service Center with a brightly colored cover sheet along with proof of timely delivery/postmark stating:

ATTN: CRU SUPERVISOR - CASE IMPROPERLY REJECTED FOR FEES

Enclose a cover letter detailing what fees were enclosed and what date the case was postmarked and/or received.

There, thats something to get started with.

[kaush 0]

A similar solution:

I am new here. But slightly concerned about the dates.

My lawyer said they sent my package in on July 27th. I told them to pay the increased fee because I didnt want to risk it. They didn't and my package was returned for not having the right amount.

I dont understand how this happened for me. Has this happened for anyone else. The note said the package was received on July 30th.

If your package was postmarked prior to July 30th, then you submitted the correct amount if you used the old fees. USCIS are incorrect for having sent it back.

The AILA has suggested that you send the packet back to them with a cover letter - preferrably on a bright colored sheet of paper - explaining that you sent the packet prior to the fee increase, thus, the old fee structure should apply.

You'll also want to send proof that it was sent in prior to July 30th - either a copy of the postmark from the previous packet, or a copy of your delivery confirmation with postmark (if you used delivery confirm), etc.

And of course, be sure you enclose the checks again too.

[kaush 0]

Heres what happened when I spoke to USCIS customer service

I did finally get to speak to a human on the USCIS line.

I first told her that I had received the notice asking me to resubmit my application, told her about the postmark issue and what USCIS had on their website. Like I had expected she said she did not take care of these issues and could not help me with that. I then asked her who would be able to help me with that. She said there wasn't really anything I could do about it or appeal the rejection, or send the petition back without the new fee. Basically, they would just send it back. So I asked her what I COULD do to get me out of this. Her answer "Do what the notice says" If it asks you to resubmit with the new fee then do it.

I also asked her about my two year deadline mark. At first she said it would be fine but then I think she understood exactly what was going on and she told me that I would have to meet that requirement. "If a rejection notice is sent to you, even if it is just for the fee it is considered as never having been filed." So basically like everyone here said - start over. She said that if by applying now we do not meet the requirement for question 18 B then we should apply after we meet the requirement. But she also added that she had no way of knowing or telling me if they would make an exception for a case like this.

I said, " well what can I do to contest the postmark date memo on the USCIS website or if the issue of an RFE arises after I resubmit?"

She said "get advice from an attorney, community assistance, state bar association or get an infopass appointment."

No help. She did not seem to know or be of any help any more than all of you here. USCIS National Customer Service reps do not handle these cases and will not tell anyone any more than someone else who has memorized the book of USCIS rules. Its almost as if they have prerecorded speeches about the policies.

The first appointment I could get with an attorney is next Friday. Have send out several emails as well. I am going to try and see if I can get in touch with one sooner. Regardless of what the attorney says or can do, I have started preparing for a trip to India. If thats what its going to take now then thats what its gonna take. I did get in touch with a couple of other people who received the same rejection notice for wrong fee. They seem to have gotten nowhere yet either. Will keep you all posted.

That discussion started here.

[bakofoil 27]

I could not find a thread dedicated to this problem and looks like several end of July filers have been facing the same issue. Hopefully with this thread we can share advice on how to deal with it. How did you deal with it, share your progress.

Thanks for starting the thread kaush.

It would be good if anyone who mailed their application close to the new fee schedule (late July) could respond with dates and details of the service center involved, whether they received NOA1's, had checks cashed, had applications returned due to the fee schedule increase already or are still awaiting any kind of response. This will help those of us who have either heard nothing or had the petition returned due to 'incorrect' fee deal with any prospective appeal to USCIS.

[NickandChristine 0]

I don't know if this helps. But I send my 129F application on July 28th to the Nebraska Service Center. It was received on the 30th. I never even questioned a problem with it before reading this thread. Well, our cash was cashed and we received our NOA1 from the California Service Center 8-27-07.

I hope we won't get rejected now. I hope everything will work out for you!!!

Christine

Edited September 15, 2007 by NickandChristine

[bakofoil 27]

I don't know if this helps. But I send my 129F application on July 28th to the Nebraska Service Center. It was received on the 30th. I never even questioned a problem with it before reading this thread. Well, our cash was cashed and we received our NOA1 from the California Service Center 8-27-07.

I hope we won't get rejected now. I hope everything will work out for you!!!

Christine

This does help. A lot. It means that they are not dealing with applications consistently and gives hope for those wanting to appeal. It helps to know that people working on a similar timeframe are being processed correctly according to the USCIS notes on the fee schedule deadline.

As for your application being rejected; you met the conditions (postmarked application before 30th July) so there is nothing to worry about. Your application was dealt with properly.

Congratulations on being in the system!

[Arrta 1]

More fuel to the fire....

July 27, 2007 - I-129F and supporting documentation mailed to VSC using Priority Mail with tracking and delivery notificaiton(hardcopy not just online).

July 28, 2007 - Received by VSC, according to USPS Online Tracking

July 30, 2007 - Date on the stamp from the VSC on the hardcopy return receipt

August 8, 2007 - NOA1

Good luck to those who try to fight the fees...

Edited September 16, 2007 by Arrta

[kaush 0]

I don't know if this helps. But I send my 129F application on July 28th to the Nebraska Service Center. It was received on the 30th. I never even questioned a problem with it before reading this thread. Well, our cash was cashed and we received our NOA1 from the California Service Center 8-27-07.

I hope we won't get rejected now. I hope everything will work out for you!!!

Christine

This does help. A lot. It means that they are not dealing with applications consistently and gives hope for those wanting to appeal. It helps to know that people working on a similar timeframe are being processed correctly according to the USCIS notes on the fee schedule deadline.

As for your application being rejected; you met the conditions (postmarked application before 30th July) so there is nothing to worry about. Your application was dealt with properly.

Congratulations on being in the system!

Exactly! It means that they are not consistent an we stand a fighting chance!!

Congrats Arrta and Christine!

Edited September 16, 2007 by kaush

[kaush 0]

Here's my next step. As suggested by several VJ members, I called my congressman's office on Friday morning. The lady on the phone sounded very interested and listened to the whole situation and agreed that USCIS should honor the postmark. I faxed them a letter outlining the problems and copies of the rejection notice and postmarked envelope. She called me back and said that all she needed to see was the postmark and will get on it right away. She expected about 7-10 days before she thought USCIS would get back to them. They sounded like they would get right on it an be able to help, so I am keeping my fingers crossed.

Luckily that afternoon, one of my patients said that he too had gotten in touch with our congressman about a citizenship issue with USCIS earlier this year and was able to get fast help with it, so I am hopeful as well. I can now breathe for the next week or so. Will keep everyone updated.

[StillThePrettiest 3]

oh, good on you for taking action... and that sounds VERY promising; I'm so glad for you

here's to a swift and positive resolution *clink*

[kaush 0]

*clink* to you as well stilltheprettiest!

Babblesgirl - you might want to try getting in touch with your congressman as well. The guy I talked to on Friday said he had a similar problem. USCIS wasn't responding to his phone calls and his application seemed to be lost with no news from USCIS and no action or "touches". Might be worth a shot??

[bakofoil 27]

*clink* to you as well stilltheprettiest!

Babblesgirl - you might want to try getting in touch with your congressman as well. The guy I talked to on Friday said he had a similar problem. USCIS wasn't responding to his phone calls and his application seemed to be lost with no news from USCIS and no action or "touches". Might be worth a shot??

Yeah I think it might be worth a shot. Your news is very encouraging. I didn't want to say anything before you had come to a decision on what route you were going to take on this but I am so glad that you didn't resubmit with the new fee.

I believe that we are all thorough and abide by strict instructions when we fill out these forms, usually to avoid the prospect of RFE's and the time delay that will ensue, but by the same token, we have to fight any inconsistency in their handling of our cases.

I feel the same way as you, that this is not about money...obviously, we both chose to submit close to the fee schedule increase deadline and I will admit that the fee increase was a factor for my fiance and I in terms of getting our act together and submitting the petition at the time we did. But knowing that both of our applications were submitted within the rules laid out by USCIS I really feel that we have much more to lose by resubmitting. Hopefully, if your case gets resolved as it should, your NOA1 should state the correct receipt date and your application will be queued with the rest of the July filers.

I am not dreading having to pay more, I want to be with my fiance whatever the cost, but I am dreading being put behind 3 months on an already lengthy process.

Good luck and thank you for being patient and disputing this decision. Your actions and the information you can provide as a result will be of benefit to many of us.

[kaush 0]

*clink* to you as well stilltheprettiest!

Babblesgirl - you might want to try getting in touch with your congressman as well. The guy I talked to on Friday said he had a similar problem. USCIS wasn't responding to his phone calls and his application seemed to be lost with no news from USCIS and no action or "touches". Might be worth a shot??

Yeah I think it might be worth a shot. Your news is very encouraging. I didn't want to say anything before you had come to a decision on what route you were going to take on this but I am so glad that you didn't resubmit with the new fee.

I believe that we are all thorough and abide by strict instructions when we fill out these forms, usually to avoid the prospect of RFE's and the time delay that will ensue, but by the same token, we have to fight any inconsistency in their handling of our cases.

I feel the same way as you, that this is not about money...obviously, we both chose to submit close to the fee schedule increase deadline and I will admit that the fee increase was a factor for my fiance and I in terms of getting our act together and submitting the petition at the time we did. But knowing that both of our applications were submitted within the rules laid out by USCIS I really feel that we have much more to lose by resubmitting. Hopefully, if your case gets resolved as it should, your NOA1 should state the correct receipt date and your application will be queued with the rest of the July filers.

I am not dreading having to pay more, I want to be with my fiance whatever the cost, but I am dreading being put behind 3 months on an already lengthy process.

Good luck and thank you for being patient and disputing this decision. Your actions and the information you can provide as a result will be of benefit to many of us.

Agreed to everything you said! Baaaah I just wish the process was much easier than this. But I guess we gotta do what we gotta to be with our fiances much speed and smoothness to you and everyone else waiting in the process. It feels like eternity - waiting

[bakofoil 27]

It feels like eternity - waiting

I have *just* noticed you have been with your fiance since 2000. I do hope you hear something soon (((hugs))).

[kaush 0]

So I started a new thread about petitions postmarked before july 30th and finally heard some good news from my congressman's office. They left a message today telling me they had good news for me

Then I received an email from my congressman's office:

I received a reply from the Vermont Service Center.

Here is what they told me to pass along to you.

Send your petition and payment (with old fee prices) back to them. Along with it, send the proof of the post mark date from the original package. In a cover note or something of that sort, put in big letters.

ATTENTION: CRU

PLEASE DO NOT REJECT SEE PREVIOUS POSTMARK PROOF INCLUDED

I would also highlight it as well.

I hope this is helpful and that things work out.

In her voice message the lady asked me to call her back so that she could pass along the name of the person she talked to and just discuss everything in detail. Unfortunately, I heard the voicemail after business hours and she was gone. But this is GOOOOOOOOOOOOODDDDDDDDDDD news!!!! I am so excited now and hopeful that things will go well from here on. Thanks so much everyone for your help> hope this info helps others in the same situation - will keep everyone updated.