DanielJ

Hi Everyone


My wife is currently apply for citizenship based on marriage to me, an US citizen. I would like to know what should I put down under part 7 A of the N-400 form, which asks " How many total days did you spend outside of the United States during the past 5 years?". My wife has only been in the US for the last 3 years. Do I just anwer based on the 3 years, since she was still in her country the first 2 of the 5 years.


thanks in advance for your help.


Dan

3/01 - Conditional Resident
4/03 - Conditions removed, without interview

DanielJ

Hi again,

I would also like to know for part 7 B, as well.


Thanks again,



Dan
3/01 - Conditional resident
4/04 - Conditions removed, without interview

Rete

The N-400 is used for both residents applying who are eligible under the three year rule for marriage-based and the five year rule for all other applicants.

Give the time outside of the US during the three years since she is eligible under the three year rule.

Don't understand your questioning 7B. It is a simple question. Again base it on the three years which is the relevant timeframe for her eligibility.

for example she was out of the country for 48 days during the three years and that total was done in 6 trips of over 24 hours.

A. 48

B. 6

Rete

DanielJ

Thank you, Rete


Dan

Mrtravelkay

Rete wrote:

    > The N-400 is used for both residents applying who are eligible under the
    > three year rule for marriage-based and the five year rule for all other
    > applicants.
    >
    > Give the time outside of the US during the three years
    > since she is eligible under the three year rule.
    >

Are you saying not to give the information as asked for in the question?
I am sure the USCIS knows that people are elgible after 3 years, but yet
the question still asks about the previous 5 years. I would guess that
if they didn't want to know this, they would change the form.

Rete

Yes, I am. I am going by our personal naturalization processing and success experience. My husband only used the years since he was a permanent resident. He did not include the two years we spent waiting on the adjustment of status.

The years spent waiting for residency are not used in the calculation of time spent out of the country as per the instruction sheet.

As your wife has recently applied I am sure you realize that. Or then again, perhaps you don't as wife entered the US as a resident from Russia and did not have to contend with time in the US as a non-resident.

And I would guess that you are wrong since it is form fits all.

Mrtravelkay

Rete wrote:

    > Originally posted by Mrtravelkay
    >
    >>Are you saying not to
    >
    > give the information as asked for in the question?
    >
    >>I am sure the USCIS
    >
    > knows that people are elgible after 3 years, but yet
    >
    >>the question
    >
    > still asks about the previous 5 years. I would guess that
    >
    >>if they
    >
    > didn't want to know this, they would change the form.
    >
    >
    > Yes, I
    > am. I am going by our personal naturalization processing and success
    > experience. My husband only used the years since he was a permanent
    > resident. He did not include the two years we spent waiting on the
    > adjustment of status.

Success doesn't necessarily mean everything was done correctly, as
failure doesn't mean anything was done incorrectly.

    >
    > The years spent waiting for residency are not
    > used in the calculation of time spent out of the country as per the
    > instruction sheet.

Yes, but you assume that USCIS only wants the information for that
reason. After all, you tell them the dates you have been out of the
country for the 5 years, and they would clearly know which ones were
doing the 3 year period of PR status.

    >
    > As your wife has recently applied I am sure you
    > realize that. Or then again, perhaps you don't as wife entered the US
    > as a resident from Russia and did not have to contend with time in the
    > US as a non-resident.
    >
    > And I would guess that you are wrong since it is
    > form fits all.
    >

On her form, she put all of the time in the last 5 years as that it what
it said.

I know it is one form for both 3 or 5 years, but I would assume USCIS
knows that and still wants the 5 year history.
    >

Rete

And to the validity of my post, here is an excerpt from the Immigration Column in the New York Daily News written by Allen Wernick, who is an immigration attorney. Mr. Wernick is also heading the weeklong Naturalization/Immigration Hotline in conjunction with CUNY. They are receiving 22,000 calls per day countrywide from people with questions not only on naturalization but all aspects of immigration.

The URL for the pasted text is:

http://www.nydailynews.com/04-22-200...p-161153c.html

the excerpt is:

Travel rules

How will travel affect my right to naturalize?

A. To naturalize, you must have spent half the five or three years of continuous residence physically present in the U.S. Trips abroad of less than six months are rarely a problem, provided that half the total time prior to your filing were spent in the U.S.

If you travel abroad for more than six months, the USCIS may make you prove that the U.S. remained your primary place of residence.

++++++++++++++++++++++++++++++++++++++++++


Rete

Folinskyinla

Hi:

What **I** do is to cross out the reference to "five" and put in "three" by hand. Never had a problem.

Mrtravelkay

Rete wrote:

    >
    > And to the validity of my
    > post, here is an excerpt from the Immigration Column in the New York
    > Daily News written by Allen Wernick, who is an immigration attorney.
    > Mr. Wernick is also heading the weeklong Naturalization/Immigration
    > Hotline in conjunction with CUNY. They are receiving 22,000 calls per
    > day countrywide from people with questions not only on naturalization
    > but all aspects of immigration.
    >
    > The URL for the pasted text is:
    >
    > ]http://www.nydailynews.com/04-22-
    > 2004/city_life/advice/story/186043p-161153c.html[/url]
    >
    > the excerpt is:
    >
    >
    > Travel rules
    >
    > How will travel affect my right to naturalize?
    >
    > A. To
    > naturalize, you must have spent half the five or three years of
    > continuous residence physically present in the U.S. Trips abroad of less
    > than six months are rarely a problem, provided that half the total time
    > prior to your filing were spent in the U.S.
    >
    > If you travel abroad for
    > more than six months, the USCIS may make you prove that the U.S.
    > remained your primary place of residence.
    >

I don't see how that adds validity. I never said you needed to be in the
US for half of the 5 year period. I only said the question on the N-400
stated this. Please show me where I have ever indicated that you need to
be in the US for 1/2 of a 5 year period if filing in 3 years? In the
mean time, you are still posting that people can file N-400 90 days
short of the 3 year period, even if they entered on an immigration visa
and where not living with their spouse prior to entry.

Rete

You didn't say you have to be here for 1/2 of five years but you DID SAY:

Give them all your travel dates for the full five years even if you are naturalization under the three year rule.
+++++++++++++++++++++++++
From your post:

Are you saying not to give the information as asked for in the question?
I am sure the USCIS knows that people are elgible after 3 years, but yet
the question still asks about the previous 5 years. I would guess that
if they didn't want to know this, they would change the form.

AND AGAIN

On her form, she put all of the time in the last 5 years as that it what
it said.

I know it is one form for both 3 or 5 years, but I would assume USCIS
knows that and still wants the 5 year history.


+++++++++++++++++++++


Do you have a problem with seeing which end is up from the position your head is currently in?


Rete

Mrtravelkay

Rete wrote:

    > You didn't say you have to be here for 1/2 of five years but you DID
    > SAY:
    >
    > Give them all your travel dates for the full five years even if
    > you are naturalization under the three year rule.
    >

Yes, I did say to answer the question as asked. I have never indicated
that USCIS required you to spend 1/2 of the previous 5 years if
qualifying under the 3 year rule, AND have previously indicated, on
muliple occassions have indicated the 18 month requirement.