N-400 HELP needed - 3 yr rule

[MarineBabe 0]

Hi all,

I am ready to send out my naturalization package. Before that, I really need to get these questions clarified. I have been married since 2005 and have been PR since April 2008. In part 6 and 7, I was asked to list where I lived, worked, and traveled for the last 5 years. Should I just list the places I lived, worked, and traveled for the last 3 years? Sorry if these questions sound really stupid.

[JA Tam 7]

Just list your address for the past 3 years. If you want to be on the safe side, you can put in your address from your home country, but they will understand if you have US addresses only as far back as 3 years.

Good luck to you

[MarineBabe 0]

Thank you!

[Kathryn41 3,205]

As you are applying for citizenship on the basis of marriage to a US citizen and providing the documentation of that marriage in with the package, then wherever it says 5 just substitute 3.

Edited March 23, 2011 by Kathryn41

[Patrick808 0]

I believe this makes sense.

I believe that "Immigration" will understand

I actually did fill out our application for just three years.

But, is there any documentation that supports this thinking?

Thanks.

As you are applying for citizenship on the basis of marriage to a US citizen and providing the documentation of that marriage in with the package, then wherever it says 5 just substitute 3.

[Kathryn41 3,205]

I believe this makes sense.

I believe that "Immigration" will understand

I actually did fill out our application for just three years.

But, is there any documentation that supports this thinking?

Thanks.

The form itself is a generic one used for both spousal and non-spousal based applications for citizenship. Since there are more people applying for citizenship based upon the 5 year option, the form is provided in the 5 year format. The 'instructions' explain how someone applying through a 3 year spousal eligibility qualifies based upon 3 years as well as filling out the form for 3 years:

http://www.uscis.gov...000b92ca60aRCRD

Eligibility that again states what is required for 3 years: http://www.uscis.gov...le/chapter4.pdf

Instructions saying you are applying based on 5 years OR 3 years: http://www.uscis.gov.../n-400instr.pdf

If you are filing based upon 3 years, then the 5 years is irrelevant - the information is basically that there are two options available: the last 5 years as a permanent resident or the last 3 years as a permanent resident. It is assumed that you would then complete the form based upon the eligibility requirements. You don't cross over between a 5 year and a 3 year process.

Yes, they could make it much clearer by stating on the form or in the instructions that 'if you are applying based on 3 years, you only need to provide the last 3 years of the information requested' but since when has USCIS ever focused on common sense and clarity of information?

The experience of others can help here. I crossed out all the 5 years on the form and wrote in 3 years. It was never questioned, never raised and never challenged. I only provided evidence for the 3 years requested (actually - I provided 4 years of income tax returns and the earliest returns were given back to me at my interview) so this clearly states to me that they are only interested in 3 years of documentation when you are applying based on a spousal eligibility - and not 5 years, thus 'correcting' the form to indicate the appropriate eligibility process makes sense to me and causes less confusion. Since they didn't do it, I did .

Edited March 24, 2011 by Kathryn41