N400 Part 7 - Filing Under 3-Year Eligibility Rule

[Loobzer 0]

I haven't been able to find any details for this specific question in any of the existing threads, so I hope someone here will be able to answer.

My wife is filing her N-400 this week as soon as we know how to proceed on this question. She is basing her eligibility on being an LPR for the last 3 years and being married to me, a US citizen by birth. She has been an LPR here in the US since November 20, 2005, and we are just now within the 90 day window of that date and can apply. Prior to November 20, 2005, we both lived and worked in Hong Kong which is where we met and were married in 2004.

Our problem with the N-400 is Part 7. The first two questions ask for the number of days and number of trips outside the US in the last FIVE YEARS. My wife has only been living in the US for the last 3 years however. Since she became an LPR in Nov 2005, she has only been out of the US for 40 days on 2 separate trips, which is fine. But based on the entirety of the last five years (including two years of which we resided in Hong Kong), she will have been outside of the US over 700 days!

The third part of Part 7 asks for the dates of each trip outside the US, but ONLY since she became an LPR, which is fine. This apparently is where she will demonstrate that her time outside the US has been minimal in the last 3 years.

Are the first two questions just worded poorly? For those applying based on 3 year eligibility, does the USCIS really only want to know how many days and trips she's had outside the US for the last THREE years, or do we really need to put the amount for the last FIVE years, even though only the last three years are relevant to her application?

Our current plan is to put the numbers for just the last 3 years, and include an attachment explaining more or less what I've just written above along with the actual numbers of days and trips outside the US for all five years just in case they really do want those numbers.

Any thoughts or suggestions on this dilemma would be GREATLY appreciated!

[melchet81 0]

Sorry, I'm no help at answering your question, but I am in a similar position. Was approved as Permanent Resident in November 2005 also, and am looking to Naturalize as soon as possible also... I'm also interested in this answer!

I haven't been able to find any details for this specific question in any of the existing threads, so I hope someone here will be able to answer.

My wife is filing her N-400 this week as soon as we know how to proceed on this question. She is basing her eligibility on being an LPR for the last 3 years and being married to me, a US citizen by birth. She has been an LPR here in the US since November 20, 2005, and we are just now within the 90 day window of that date and can apply. Prior to November 20, 2005, we both lived and worked in Hong Kong which is where we met and were married in 2004.

Our problem with the N-400 is Part 7. The first two questions ask for the number of days and number of trips outside the US in the last FIVE YEARS. My wife has only been living in the US for the last 3 years however. Since she became an LPR in Nov 2005, she has only been out of the US for 40 days on 2 separate trips, which is fine. But based on the entirety of the last five years (including two years of which we resided in Hong Kong), she will have been outside of the US over 700 days!

The third part of Part 7 asks for the dates of each trip outside the US, but ONLY since she became an LPR, which is fine. This apparently is where she will demonstrate that her time outside the US has been minimal in the last 3 years.

Are the first two questions just worded poorly? For those applying based on 3 year eligibility, does the USCIS really only want to know how many days and trips she's had outside the US for the last THREE years, or do we really need to put the amount for the last FIVE years, even though only the last three years are relevant to her application?

Our current plan is to put the numbers for just the last 3 years, and include an attachment explaining more or less what I've just written above along with the actual numbers of days and trips outside the US for all five years just in case they really do want those numbers.

Any thoughts or suggestions on this dilemma would be GREATLY appreciated!

Edited August 27, 2008 by melchet81

[richie894 0]

It should be three years. You only have to submit the data for the period covering your eligibility. So if you are applying for 3 years married to the same spouse - 3 years of history. If you are applying for 5 years as permenant resident then you need to note 5 years of history.

Any trips taken before living in the USA are not required.

[lucyrich 20]

The questions are poorly worded.

They're only really interested in three years, for a case where you're applying based on the three year rule.

You have two basic choices to deal with it. You can cross out the word "five" and put "three" where appropriate, and then fill in the answers for the past three years. Or you can take the questions literally, and fill in the questions for the past five years, giving the appropriate travel dates. The examiner will have to do his own arithmetic to figure out the total number of days you've been out of the country in the past three years, but those examiners are used to this poorly worded form, and they'll figure it out.

People have reported success with both strategies. We were successful by crossing out "five", writing "three", and answering for the past three years.

What you DON'T want to do is lie or mislead. Don't fill out info for the past three years unless you're making it very clear that you're only covering the past three years.

[Loobzer 0]

Thank you very much lucyrich and richie894 for the answers to this question! You've been a huge help to at least two consternated individuals. Its too bad USCIS hasn't clarified the wording on this form at this point, as it clearly causes unnecessary confusion in certain cases.

For anyone else reading this now or in the future, I've found additional confirmation of the answer to this question in the following places, though they are a little older:

http://britishexpats.com/forum/showthread.php?t=402185

http://britishexpats.com/forum/showthread.php?t=387327

[Zephod 0]

Hello All,

We are in the same boat -- I was wondering if Part 6 sections A and B can also be reduced to 3 years of information if filing under the 3 year exception ...

Part 6 A = "Where have you lived during the last fire years?"...

Part 6 B = "Where have you worked (or, if you were a student, which schools did you attend) during the last 5 years"

Thansk....

Zephod (Dale)

[Zephod 0]

Hello All,

I forgot to add to the qestion ---

Part 8 Section F -- My wife was married before -- Her X husband has never been outside of China and has no U.S. immigration status ... As such we are going to select "Other" -- what would be a good thing to write in the line next to other ?? "No US STATUS" or -- "ONLY CHINa" ???

Peace...

Dale

[diadromous mermaid 36]

I'd like to add that I don't believe the questions on the N-400 are poorly worded at all. The form is used for aliens that become eligible to file for naturalisation, whether married to a USC or not. The eligibility to naturalise within 3 years of receiving PR is a privilege afforded to spouses of US citizens and contingent upon USCIS determining that the alien is still in a legally-viable marriage to the sponsoring/petitioning US citizen, and that will be determined after review of the evidence that is required with the submission. It would be my recommenation to answer the questions as posed. List your travels for the 5-year period. If the questions for the form are answered completely, USCIS will be well aware of the date you received PR and well aware that your presence in the USA prior to that date was incident to the status you were offered.

The questions are poorly worded.

They're only really interested in three years, for a case where you're applying based on the three year rule.

You have two basic choices to deal with it. You can cross out the word "five" and put "three" where appropriate, and then fill in the answers for the past three years. Or you can take the questions literally, and fill in the questions for the past five years, giving the appropriate travel dates. The examiner will have to do his own arithmetic to figure out the total number of days you've been out of the country in the past three years, but those examiners are used to this poorly worded form, and they'll figure it out.

People have reported success with both strategies. We were successful by crossing out "five", writing "three", and answering for the past three years.

What you DON'T want to do is lie or mislead. Don't fill out info for the past three years unless you're making it very clear that you're only covering the past three years.

[NickD 202]

I'd like to add that I don't believe the questions on the N-400 are poorly worded at all. The form is used for aliens that become eligible to file for naturalisation, whether married to a USC or not. The eligibility to naturalise within 3 years of receiving PR is a privilege afforded to spouses of US citizens and contingent upon USCIS determining that the alien is still in a legally-viable marriage to the sponsoring/petitioning US citizen, and that will be determined after review of the evidence that is required with the submission. It would be my recommenation to answer the questions as posed. List your travels for the 5-year period. If the questions for the form are answered completely, USCIS will be well aware of the date you received PR and well aware that your presence in the USA prior to that date was incident to the status you were offered.

The questions are poorly worded.

They're only really interested in three years, for a case where you're applying based on the three year rule.

You have two basic choices to deal with it. You can cross out the word "five" and put "three" where appropriate, and then fill in the answers for the past three years. Or you can take the questions literally, and fill in the questions for the past five years, giving the appropriate travel dates. The examiner will have to do his own arithmetic to figure out the total number of days you've been out of the country in the past three years, but those examiners are used to this poorly worded form, and they'll figure it out.

People have reported success with both strategies. We were successful by crossing out "five", writing "three", and answering for the past three years.

What you DON'T want to do is lie or mislead. Don't fill out info for the past three years unless you're making it very clear that you're only covering the past three years.

The question as I recall it, was how many days were you outside of the USA for the past five years. And that is exactly what I wrote in for my wife, over 400 days, but that is not what her interviewer wanted, she wanted the total days she was out of the country since she became a permanent resident. Then she scratched out that 400 plus days and wrote in the total number of days reported in the next section. Wife simply replied in her cool professional manner, they didn't ask for the days since she became a permanent resident, but the number of days she was out of the country. My wife knows when to be quiet, interviewer changed the number and that was that.

Second question I had was from what date? The date the application was signed that I used or the date of her third year anniversary, use the date the application was signed, as you will be asked how many days you left the country since you sent in your application.

From this, I would be tempted to cross out the last five years and write in since a LPR, three years isn't correct either if you send in your application in 90 days early. Wife did bring in her old and new passports, and her interviewer checked out the dates in those as opposed to what we wrote in, all was identical.

Now if you get a different interviewer, the results would likewise be different.