Days outside the US in last 5 years

[sparkofcreation 0]

I know this probably gets asked here a lot but I went back several pages and didn't find it, so ...

G entered the US for the first time on the VWP on 6/20/02 and left 7/4/02.

He came here for a job interview on 5/16/03 and left 5/27/03.

He entered the US on a J-1 work visa 2/4/04, has not left since, married July 2004, LPR status granted 1/13/05.

Assuming he files the N-400 on 10/22/07:

Part 7:

A Total days outside US in past 5 years = 460 [10/22/02-5/16/03 and 5/27/03-2/4/04]

B Total trips outside US in past 5 years = 2

C List all trips outside the US since LPR status was granted = "none"

Correct? I was going to put a note in section C saying "All time outside the US occurred prior to LPR status being granted on 01/13/2005."

Yes? No? Suggestions? I used 10/22/02 since it was 5 years before we'll be filing.

[YuAndDan 153]

Part 2 check box c establishes that can apply 3 years after LPR status.

Part 7 C you answer is correct "NONE" they can infer from the "NON" that no trips happened after LPR status was granted. But making a note as yo indicated will make it clearer for the adjudicator and wouldn't hurt.

[lucyrich 20]

Yep, the question is poorly worded, because it clearly says "five years". But if you're applying based on 3 years while married to a USC, you can draw a line through the "five years" and write "three years", and answer it for the three year period that applies to your situation. I tend to take questions very literally, and wouldn't normally believe you can just change the question like that, but I've heard this response from several attorneys regarding this particular issue.

If you answer for five years, but you're applying based on three years, the adjudicator will have to calculate is the total time outside the US in the past three years. In your particular situation where NONE of the trips were in the past three years, that won't be difficult, but in other people's situations, it might be less straightforward.

In any case, the adjudicator will go over the N-400 at the interview to clear up any ambiguities.

[sparkofcreation 0]

Yep, the question is poorly worded, because it clearly says "five years". But if you're applying based on 3 years while married to a USC, you can draw a line through the "five years" and write "three years", and answer it for the three year period that applies to your situation.

Any idea if this also applies to addresses/work history? That is, does he need to give his address and work history since October 2002 or October 2004?

Edited October 7, 2007 by sparkofcreation