Questions about filling out N-400

[LennyE 0]

Hello Everyone,

I have a few questions about the N-400 we are filling out for my wife.

part 8- G-Information about Marital History. When I got divorced from my 1st wife, she kept my last name (family name). Should I list my ex wifes maiden name or my family name that my ex wife kept after the divorce?

Part 7 A.- We are applying in the 3 year time frame because I am a US citizen and my wife has not been in the US for 5 years yet. They ask for the number of days spent outside the US within the past 5 years. Do they want me to add up all the days from 5 years ago until the first time my wife entered the US? It comes out to 405 days.

Thanks for any help you can provide.

[NickD 202]

Wondered why my ex insisted on keeping my name, she did, that is her legal name, so I put that down. It also matches her name on our divorce papers.

A lot of debate going on here about the number of days outside of the country in the last five years, ours was also something like over 400 days. That is what they asked and that is what we put down. Also the opinion of my immigration attorney, never heard an issue about crossing out that five and putting in a three, but my attorney advised against changing the form.

In the section below that, you have to list the trips outside of this country since becoming a LPR which would be three years minus up to 90 days for the residency requirements. Should drop the five year question and put a total number of days outside of the country under that. With Emilio, a Cuban refugee that helped Bush get elected really butchered up the N-400 application. With three acting directors, guess they finally have a permanent one now, never corrected that form.

[LennyE 0]

Wondered why my ex insisted on keeping my name, she did, that is her legal name, so I put that down. It also matches her name on our divorce papers.

A lot of debate going on here about the number of days outside of the country in the last five years, ours was also something like over 400 days. That is what they asked and that is what we put down. Also the opinion of my immigration attorney, never heard an issue about crossing out that five and putting in a three, but my attorney advised against changing the form.

In the section below that, you have to list the trips outside of this country since becoming a LPR which would be three years minus up to 90 days for the residency requirements. Should drop the five year question and put a total number of days outside of the country under that. With Emilio, a Cuban refugee that helped Bush get elected really butchered up the N-400 application. With three acting directors, guess they finally have a permanent one now, never corrected that form.

[LennyE 0]

Thanks NickD.

I will put down the number of days outside the US (405)for the last 5 years, which includes 385 days before she even entered the country and a single 20 day trip within the last 3 years.

Also will use the name my ex kept, you are so correct, its on the divorce papers. Thanks again, I really appreciate it.

Edited June 6, 2012 by LennyE

[Darnell 8,478]

re: the 5 year question (days outside of usa)

I suggest you rethink the calendar and the math,

and

come up with an answer reflecting the start, the day her foot first hit the ground in the USA, coming in on a K-1 or CR-1/IR-1 visa.

but even then, that's not the right date.

IIRC, it's the first date of 'status' ... lets see. pick one, depending on visa type:

1. k-1 visa holder - day 1 starts after marriage date

2. CR-1 visa holder - day 1 starts the day after POE date.

I may be wrong if K-1 visa - it may be the first day of status with a green card - so keep digging, you.

Since yer using the 3 year 'rule', don't use the 5-year math and calendar.

[NickD 202]

With that five year out of the country thing, even though about typing in a N/A in that box since applying for the three year. But regardless of what you put in, never heard about any IO making an issue out of it.