Goody. I-751 rejection notice

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Old Aug 25th 2007, 7:51 pm
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Default Goody. I-751 rejection notice

Due to circumstances I had to hold off mailing my I-751 until July 25th 2007 (2yr. permanent residency card expiring August 4th 2007). The package was received July 30th 2007 (the day of the fee change).

We received the package back last week, plus a seperate letter.

The seperate letter was a 'Rejection Notice', because of an incorrect filing fee (I filed it with the fee from before July 30th). Sucks, okay, but having to pay an additional $260 is really no big deal compared to other things I have been dealing with lately.

What worried me about this rejection notice was the sentence 'You must resubmit your form within the required filing period'. If they are referring to the date of expiration of my 2 yr. card, the required period had passed for 10 days counting from the postmark on the rejection notice.

Question: how much of a problem is that going to cause, if any?

I have a second, less important, question about the following: the cover letter in the big envelope which contained my returned I-751 package listed the reason for return of the I-751 as 'the form I-751 you submitted has been revised. You must submit the form I-751 with a revision date of 2/05/07'.

The form I mailed them was mailed to us by the USCIS. I compared it to the form that at that point was downloadable from USCIS.gov (specifically the dates in the lower right hand corner). They were the same (08/01/06).
The current form I-751 on the USCIS website has a revision date of 7/30/07.

So that is still a different date from the one they listed (2/05/07). I am thinking it will be okay to fill out the I-751 as downloaded from their website, as it is the most recent one, but would like some opinions about this.

Thanks all!

Elaine
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Old Aug 25th 2007, 7:57 pm
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Default Re: Goody. I-751 rejection notice

A little addition to this: I just now noticed that the cover letter and another letter in there are from the California Service Center. I filed at Nebraska (since I'm in Ohio). Is there anything I missed about this on here (haven't been around really), are all I-751's ending up in California now? Or what's going on.... lol.
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Old Aug 25th 2007, 8:05 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
I have a second, less important, question about the following: the cover letter in the big envelope which contained my returned I-751 package listed the reason for return of the I-751 as 'the form I-751 you submitted has been revised. You must submit the form I-751 with a revision date of 2/05/07'.

The form I mailed them was mailed to us by the USCIS. I compared it to the form that at that point was downloadable from USCIS.gov (specifically the dates in the lower right hand corner). They were the same (08/01/06).
The current form I-751 on the USCIS website has a revision date of 7/30/07.

So that is still a different date from the one they listed (2/05/07). I am thinking it will be okay to fill out the I-751 as downloaded from their website, as it is the most recent one, but would like some opinions about this.

Thanks all!

Elaine
Well, I am going to answer my own question. It says 'loud and clear' on the USCIS forms page: Editions other than 07/30/07 and 02/05/07 are not acceptable. So I'm good with downloading that one. I missed that when I posted my question, because I went to the page through a bookmark. Sowwie.
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Old Aug 25th 2007, 9:38 pm
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Default Re: Goody. I-751 rejection notice

I'd still appreciate some input on my main question....

What worried me about this rejection notice was the sentence 'You must resubmit your form within the required filing period'. If they are referring to the date of expiration of my 2 yr. card, the required period had passed for 10 days counting from the postmark on the rejection notice.

Question: how much of a problem is that going to cause, if any?
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Old Aug 26th 2007, 1:19 am
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
Question: how much of a problem is that going to cause, if any?
I'm guessing it's not going to be a problem at all, since you did file in the 90 days prior to expiry of your GC. BTW, I'd hang on to the envelope or any other evidence that has a postmark on it.

But you bring up an interesting point/question... if the requirement is to file the I-751 within those 90 days, does that necessarily imply that it must be a complete application or that the application must be accepted by USCIS? Which is to say, if someone accidentally filed an incomplete I-751 application that arrives at USCIS within the correct time and they send it back, has the requirement to file been fulfilled?

Ian
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Old Aug 26th 2007, 1:29 am
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
Due to circumstances I had to hold off mailing my I-751 until July 25th 2007 (2yr. permanent residency card expiring August 4th 2007). The package was received July 30th 2007 (the day of the fee change).

We received the package back last week, plus a seperate letter.

The seperate letter was a 'Rejection Notice', because of an incorrect filing fee (I filed it with the fee from before July 30th). Sucks, okay, but having to pay an additional $260 is really no big deal compared to other things I have been dealing with lately.

What worried me about this rejection notice was the sentence 'You must resubmit your form within the required filing period'. If they are referring to the date of expiration of my 2 yr. card, the required period had passed for 10 days counting from the postmark on the rejection notice.

Question: how much of a problem is that going to cause, if any?

I have a second, less important, question about the following: the cover letter in the big envelope which contained my returned I-751 package listed the reason for return of the I-751 as 'the form I-751 you submitted has been revised. You must submit the form I-751 with a revision date of 2/05/07'.

The form I mailed them was mailed to us by the USCIS. I compared it to the form that at that point was downloadable from USCIS.gov (specifically the dates in the lower right hand corner). They were the same (08/01/06).
The current form I-751 on the USCIS website has a revision date of 7/30/07.

So that is still a different date from the one they listed (2/05/07). I am thinking it will be okay to fill out the I-751 as downloaded from their website, as it is the most recent one, but would like some opinions about this.

Thanks all!

Elaine
This is really sucky, and I have seen other posts around that a similar thing happened with the form version.. did they switch it out only recently?
On the fee.. well, their own notice of the fee change said they would honor the postmark date when determining which fee should be used, but if the claim is that you also sent the wrong form version, it would be hard to fight the new fee.

They can hardly penalize you for using the form that is available from their site currently, so I wouldn't worry about that.

As for the date deadline thing, I think it is a fair gamble; I have also seen reports from others who filed much later and they have not been penalized. You might want to write an explanation, and attach a photocopy of the original submission envelope with the original postmark highlighted.

I guess you're in terra incognito--all you can do is respond as rationally as possible and hope for the best outcome. The important thing is to get something back in to them and get back 'in the system'.

Sorry you're having the extra stress
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Old Aug 26th 2007, 4:24 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by ian-mstm
I'm guessing it's not going to be a problem at all, since you did file in the 90 days prior to expiry of your GC. BTW, I'd hang on to the envelope or any other evidence that has a postmark on it.
In fact they attached the front of the envelope to the back of my stack of papers. It has 'received' stamps on it from July, 30th Nebraska and August 2nd, California (still wondering about that one). I'm copying it and re-attaching the copy.

But you bring up an interesting point/question... if the requirement is to file the I-751 within those 90 days, does that necessarily imply that it must be a complete application or that the application must be accepted by USCIS? Which is to say, if someone accidentally filed an incomplete I-751 application that arrives at USCIS within the correct time and they send it back, has the requirement to file been fulfilled?
I guess I'm about to find out... It says in the instructions though that if you are late in filing to attach an explanation of why.

Do you (anyone) think it would be wise to word the new cover letter more or less as following:
'after filing our I751 on July 25th (postmark) and your reception of said filing on July 30th (NE)/August 2nd (CA), on August 25th we received a notice of rejection (postmark August 17) and our file was returned to us (postmark August 17) due to {quote reasons from their forms}. Please find enclosed copies of the rejection notice and the cover letter from our returned file. Enclosed also please find the corrected form I-751 and corrected fee for my I-751 application. You will note our permanent resident cards expired on August 4th, but trust (or: kindly request?) that you will still consider the application in light of the above explanation of initial filing and corrected filing'.

Any good? I figured I'd put a lot of emphasis on the 'corrected filing' part.... lol.

This is our first time dealing with the USCIS. They totally live up to their reputation so far.... lol.
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Old Aug 26th 2007, 4:39 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by meauxna
This is really sucky, and I have seen other posts around that a similar thing happened with the form version.. did they switch it out only recently?
On the fee.. well, their own notice of the fee change said they would honor the postmark date when determining which fee should be used, but if the claim is that you also sent the wrong form version, it would be hard to fight the new fee.

They can hardly penalize you for using the form that is available from their site currently, so I wouldn't worry about that.

As for the date deadline thing, I think it is a fair gamble; I have also seen reports from others who filed much later and they have not been penalized. You might want to write an explanation, and attach a photocopy of the original submission envelope with the original postmark highlighted.

I guess you're in terra incognito--all you can do is respond as rationally as possible and hope for the best outcome. The important thing is to get something back in to them and get back 'in the system'.

Sorry you're having the extra stress

Hi Mo, thanks for everything.

I'm trying not to let it get to me, but of course it still isn't fun. Like I said,the USCIS is living up to their reputation.... lol.
The form I-751 I used is the one they snail-mailed to me in early June, which is (apparently) 4 months after the form with date 2/05/07 was released. I requested them snail mailed because I wanted to make sure I had the right forms. I had already printed out a filled out I-751 from their website. Both lower right hand corner dates were 08/01/06, so I went with the one I printed already.
I also went by their enclosed fee schedule. Do you happen to have a link to somewhere where it says that they would honor the postmark? The pdf with the new fee schedule makes no mention of it.

I am probably going to attach the original form they sent me (after copying it) so they can see for themselves that it was not a printed form, and also include a copy of the fee schedule I received. Unfortunately I do not have the enveope they came in anymore.
Think this is a good idea, or would it only rub them wrong? I'm not going to argue or debate it, just include as evidence (being how I feel I need all the evidence I can give them, since our cards already expired).

If my husband works nearby tomorrow I can get everything back in the mail to them tomorrow, if not, it will be Tuesday.

The good part about all of this is they attached my whole file together with the binder thingy on the top (I just put all of it -loose but in order- in an envelope, lol) and they honored my requests for using my married name in addressing me (instead of my maiden name that's on the card I have now) plus the use of the PO Box that we opened due to mail getting displaced in our neighborhood a lot lately.
So they did look at the file more than just the money order and the dates on the forms.

E
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Old Aug 26th 2007, 5:09 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
Hi Mo, thanks for everything.

I'm trying not to let it get to me, but of course it still isn't fun. Like I said,the USCIS is living up to their reputation.... lol.
The form I-751 I used is the one they snail-mailed to me in early June, which is (apparently) 4 months after the form with date 2/05/07 was released. I requested them snail mailed because I wanted to make sure I had the right forms. I had already printed out a filled out I-751 from their website. Both lower right hand corner dates were 08/01/06, so I went with the one I printed already.
I also went by their enclosed fee schedule. Do you happen to have a link to somewhere where it says that they would honor the postmark? The pdf with the new fee schedule makes no mention of it.
Several of the Press Releases, including this one: http://www.uscis.gov/files/pressrele...der23Jul07.pdf say "Applications or petitions postmarked or otherwise filed on or after that date must include the new fee."

Here it is (bless you, aussiewench!) from the Federal Register:
"This rule is effective July 30, 2007. Applications or petitions mailed, postmarked, or otherwise filed, on or after July 30, 2007 must include the new fee."
http://a257.g.akamaitech.net/7/257/2...f/E7-10371.pdf
or http://tinyurl.com/2jbboj

I don't think you have to worry about 'rubbing them wrong'... I'm sure they don't take this as personally as we tend to. If you're going to include an explanation, may as well make it a complete one!

I like "kindly request", btw.
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Old Aug 26th 2007, 11:44 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by meauxna
I like "kindly request", btw.
How do you like the rest of the (approximate ) wording?

Thanks very much for the links. *hits print*

E
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Old Aug 27th 2007, 4:35 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
How do you like the rest of the (approximate ) wording?
Sounds great!

'after filing our I751 on July 25th (postmark) and your reception of said filing on July 30th (NE)/August 2nd (CA), on August 25th we received a notice of rejection (postmark August 17) and our file was returned to us (postmark August 17) due to {quote reasons from their forms}. Please find enclosed copies of the rejection notice and the cover letter from our returned file. Enclosed also please find the corrected form I-751 and corrected fee for my I-751 application. You will note our permanent resident cards expired on August 4th, but trust (or: kindly request?) that you will still consider the application in light of the above explanation of initial filing and corrected filing'.

.... your receipt of said filing..

...on Auguest 4 2007; we request that you still consider our application to be 'timely' in light of...



I dunno.. if I was going to mess with it that is what I would change.. watch out, I'm known to write a novel given the chance...
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Old Aug 27th 2007, 7:12 pm
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Default Re: Goody. I-751 rejection notice

*takes notes*

*prints more stuff*

LOL!

Thanks again, Mo. I wasn't sure about the receipt/reception part because reception did sound wrong (and receipt did too, lmao).

I've almost got everything assembled again. I am adding/sending:

copies of the rejection notice and cover letter of the returned package
copies of the envelopes they came in (yep)
copies of the old and new fee schedules I received from them
copy of the original I-751 I mailed
copy of the money order I sent with it
copy of the envelope I mailed the I-751 in originally (with postmark July 25th)
copy of the original cover letter I included
copy of the registered mail 'received' card
printout of the first two pages of this topic from the Federal Register
original unused I-751 with 'revised' date 08/01/06 I received from them
a new cover letter
a new (filled out of course) form I-751 (7/30/07)
a new money order
the rest of the package I mailed earlier.

I'm gonna beat them at their own game. LOL!

E
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Old Aug 27th 2007, 7:55 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by HunterGreen
LOL!

Thanks again, Mo. I wasn't sure about the receipt/reception part because reception did sound wrong (and receipt did too, lmao).
ha.. just dont' ask me to say in Dutchletalk.

Looks very comprehensive!
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Old Aug 27th 2007, 10:04 pm
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Default Re: Goody. I-751 rejection notice

Originally Posted by meauxna
ha.. just dont' ask me to say in Dutchletalk.

Looks very comprehensive!
LOL @ Dutchletalk...

Good comprehensive or bad?
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Old Aug 28th 2007, 2:01 am
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Default Re: Goody. I-751 rejection notice

yep - got it back today - it looks like we have all been trapped the same....
I originally posted my i-751 on july 24th....they claim they got it 07/30/07....they sent my application back in rejection - telling me to use the new 02/05/07 edition. with the new filing fee.
obviously we all know the correect thing would have been for the uscis to tell me to re-file using the latest edition - and because I orginally sent off my original application prior to 07/30/07 then i only need to pay the old fee.
i can only laugh really...i've gotten past feeling totally duped.....whichever top bosses at the uscis cunjered up this little scam(and they know who they are)........i will let God get his revenge - his own way....something subbtle.
maybe one day - you'll put an insurance claim in for your write off car - only to find your insurance company has found another loop hole as to why they won't pay out.....feeling gutted and 24 thousand dollars out of pocket - I hope you remember all the nice/honest people you ripped off....the strong US government backs your sort 100% - you feel 100% protected.......but God is higher - your time is comming around....time is great at getting even.
i am so mad.......i'll calm down now & leave this in the capable hands of someone higher.

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