Need help with N-400 application Part 7 - Time outside the US

[taja 0]

Hi,

I am filling out my N-400 application based on being married and having my green card for 3 years. Part 7 asks about the number of trips and days spent outside the US in the last 5 years. My issues with this question is that prior to July 2004 I was living in the US on a student visa, then I returned to my home country for almost a year, and was back to the US with a fiance visa in june of 2005. Do I put that as time outside of the US even though this was all on non-immigrant visa?

If you were in a similar situation, please share about how you filled out your form.

Thanks!

[YuAndDan 153]

You only need to count the time in the past 3 years, you are filing the N-400 based LPR status married to a US citizen.

[Mononoke28 135]

Right. Anything prior to the day you were approved for your Permanent Residency doesn't county towards US citizenship. So start counting from the moment your conditional green card was approved.

Diana

[taja 0]

I figured that was the case, but I am still a bit uneasy about it. I just wish they had it in writing somewhere. I called USCIS to confirm, but they said they couldn't answer this question and I would have to consult an attorney. It's ridiculous for them not to answer this question.

[cookiee 0]

You only need to count the time in the past 3 years

Edited March 6, 2009 by cookiee

[NickD 203]

I figured that was the case, but I am still a bit uneasy about it. I just wish they had it in writing somewhere. I called USCIS to confirm, but they said they couldn't answer this question and I would have to consult an attorney. It's ridiculous for them not to answer this question.

Form is all backward, first question is how many days were you out of the country in the last five years, I put that number in literally as that question was asked. Wife's IO said they didn't want that, what they wanted was the total of days listed when you tabulated your trips out of the country since becoming a lawful permanent resident. Wife could only reply, they could have asked that, but no problem, her IO changed it to the total number of days she was out of the country for longer than 24 hours each trip as listed in that table.

I don't know what to recommend, should you answer that question literally or what you think your IO may request. At the advice of my attorney, he said to answer it literally, it's up to them to change the form, not us.

Then the second question I had is five years back from which date? The day her three years runs out? He said you can't go from the future as we sent our application in about 89 days before hand. He said for us to use the date my wife signed the application, so we used that day.

Anyway, my wife was not penalized for that, he also told us to included all of those communistic organizations my wife was a member of, like the United Way, American Red Cross, Heart organization, and several others of that nature.

While some have reported crossing out the 5 and writing the 3 without problems, that is not correct either, it's the time you actually became a LPR that can be two years nine months and a couple of days. I would still answer the questions the way the form asks, it is not ethical to change the form. It's up to the USCIS to ask precisely what they want.

[talkingape74 0]

I figured that was the case, but I am still a bit uneasy about it. I just wish they had it in writing somewhere. I called USCIS to confirm, but they said they couldn't answer this question and I would have to consult an attorney. It's ridiculous for them not to answer this question.

Form is all backward, first question is how many days were you out of the country in the last five years, I put that number in literally as that question was asked. Wife's IO said they didn't want that, what they wanted was the total of days listed when you tabulated your trips out of the country since becoming a lawful permanent resident. Wife could only reply, they could have asked that, but no problem, her IO changed it to the total number of days she was out of the country for longer than 24 hours each trip as listed in that table.

I don't know what to recommend, should you answer that question literally or what you think your IO may request. At the advice of my attorney, he said to answer it literally, it's up to them to change the form, not us.

Then the second question I had is five years back from which date? The day her three years runs out? He said you can't go from the future as we sent our application in about 89 days before hand. He said for us to use the date my wife signed the application, so we used that day.

Anyway, my wife was not penalized for that, he also told us to included all of those communistic organizations my wife was a member of, like the United Way, American Red Cross, Heart organization, and several others of that nature.

While some have reported crossing out the 5 and writing the 3 without problems, that is not correct either, it's the time you actually became a LPR that can be two years nine months and a couple of days. I would still answer the questions the way the form asks, it is not ethical to change the form. It's up to the USCIS to ask precisely what they want.

The only worry I have is if I do answer it literally, they might get confused and reject the application and then cause further delay. But if I do not answer it literally, it might also cause delay. But you answered it literally and your application wasn't rejected? You just had to correct it at the interview?