Jump to content

10 posts in this topic

Recommended Posts

Filed: Country: Philippines
Timeline
Posted

I'm preparing my wife's citizenship application. The form seems designed for people who are applying after having been permanent residents for five years. In our case, my wife became eligible to apply after 3 years because she's married to me.

I'm not sure how to answer the following questions.

6. B. Where have you worked during the past five years?

Do we include her employers from before she first arrived in the US?

7. A. How many total days did you spend outside the United States during the past five years?

Do my wife's days outside the US before she first got here on the K1 visa count as part of the answer to this question?

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
I'm preparing my wife's citizenship application. The form seems designed for people who are applying after having been permanent residents for five years. In our case, my wife became eligible to apply after 3 years because she's married to me.

I'm not sure how to answer the following questions.

6. B. Where have you worked during the past five years?

Do we include her employers from before she first arrived in the US?

7. A. How many total days did you spend outside the United States during the past five years?

Do my wife's days outside the US before she first got here on the K1 visa count as part of the answer to this question?

6. B. Yes, all employment history inside and outside US during last 5-years.

7. A. Count every day you spent outside US during last 5-years as it is evident from your passport.

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

Posted
I'm preparing my wife's citizenship application. The form seems designed for people who are applying after having been permanent residents for five years. In our case, my wife became eligible to apply after 3 years because she's married to me.

I'm not sure how to answer the following questions.

6. B. Where have you worked during the past five years?

Do we include her employers from before she first arrived in the US?

7. A. How many total days did you spend outside the United States during the past five years?

Do my wife's days outside the US before she first got here on the K1 visa count as part of the answer to this question?

Like you said the form is designed for 5 year LPRs.

6A comes into play also.

Where you lived for the last 5 years.

I'm think I'm going to put the 2 years records where she lived and worked in the Philippines and leave a space and then put the info since arrival on those questions.

Not sure about days outside the US. I know they just want the number of days she left and returned since she arrived here in the last 3 years.

May be confusing if I put the 720 days she was out of the US before coming here.

How about crossing out the 5 years and put 3 years?? LOL! Yeah that may really open a can of worms.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Country: Philippines
Timeline
Posted

Good catch on 6A.

I have no problem including my wife's address and employment from the Philippines in my answers to 6A and 6B. 7A is the one that has me stumped. I don't want to answer it incorrectly and have the application denied.

Is there anyone who has already applied for naturalization based on marriage to a US Citizen who can share how they answered these questions?

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Filed: Citizen (pnd) Country: Australia
Timeline
Posted
Good catch on 6A.

I have no problem including my wife's address and employment from the Philippines in my answers to 6A and 6B. 7A is the one that has me stumped. I don't want to answer it incorrectly and have the application denied.

Is there anyone who has already applied for naturalization based on marriage to a US Citizen who can share how they answered these questions?

I counted all my days outside the US for the last 5 years, even though I am using the 3-year marriage requirement. This includes more than a year of days from before I came over on the K-1.

The most important one in my view is 7C, trips outside the US since becoming a permanent resident.

Filed: IR-5 Country: Philippines
Timeline
Posted

Hi about your question:

7. A. How many total days did you spend outside the United States during the past five years?

You only count the days she spent outside the US since the time she came here in the US not before she come here. Let say she came here April 1, 2006 via K-1 Visa, then from that date count the days she was outside US up to the time you going to submit your application.

I-130 Petition for alien relative (mom)

01/08/2010 - Mailed I-130 form via express mail

01/11/2010 - Received Application and signed by JPM

01/19/2010 - Received NOA1

03/10/2010 - Received approval notice via e-mail

03/15/2010 - Received NOA2 via mail

NVC

03/16/2010 - case no. assigned and registered both my mom and my e-mail addresses

03/18/2010 - Received DS-3032 form and AOS fee bill from NVC via e-mail

03/18/2010 - PAID AOS fee

03/20/2010 - e-mailed signed DS-3032 to NVC

03/23/2010 - Mailed I-864 packet via USPS

03/25/2010 - NVC received DS 3032 thru e-mail

03/26/2010 - NVC received I-864 packet

03/31/2010 - PAID IV Bill online

04/10/2010 - Received RFE, missing DS-230 and entire documents..... still waiting for my mom to send me her stuff. omg!

04/22/2010 - Mailed DS 230 packet via USPS Priority Mail.... huh! finally I received my mom's docs.

04/26/2010 - NVC received DS 230 packet

05/07/2010 - Sign-in FAILED....great!

05/10/2010 - Talked to the NVC operator and said "CASE COMPLETED" on 05/10/2010

05/13/2010 - Received Interview Appt. on 06/02/2010 via e-mail

05/17/2010 - Medical Exam

06/02/2010 - Interview Appointment PASSED

06/23/2010 - Returned her passport to Singapore Embassy for issuance of visa

06/30/2010 - Visa Received... Yehey!!

09/16/2010 - Arrived in Hawaii

10/02/2010 - Received Welcome Notice

10/12/2010 - Applied for SS #

10/13/2010 - Received 10 years permanent card

10/18/2010 - Received ss card

Filed: Citizen (apr) Country: Germany
Timeline
Posted

The intent of the form is to collect information about you since you became a permanent resident in order to determine if you meet the requirements for filing the N-400. Therefore only count the days outside the country since you became a permanent resident.

Filed: Country: Philippines
Timeline
Posted

Thanks for the responses. What did you put down for 6A and 6B? Just the addresses and employers since arriving in the US?

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Filed: IR-5 Country: Philippines
Timeline
Posted

6A & B. Where have you lived during the last 5 years.......

Ans.: from 2004 to the current year should be included that means your previous address/employment should be included before moving to US

I-130 Petition for alien relative (mom)

01/08/2010 - Mailed I-130 form via express mail

01/11/2010 - Received Application and signed by JPM

01/19/2010 - Received NOA1

03/10/2010 - Received approval notice via e-mail

03/15/2010 - Received NOA2 via mail

NVC

03/16/2010 - case no. assigned and registered both my mom and my e-mail addresses

03/18/2010 - Received DS-3032 form and AOS fee bill from NVC via e-mail

03/18/2010 - PAID AOS fee

03/20/2010 - e-mailed signed DS-3032 to NVC

03/23/2010 - Mailed I-864 packet via USPS

03/25/2010 - NVC received DS 3032 thru e-mail

03/26/2010 - NVC received I-864 packet

03/31/2010 - PAID IV Bill online

04/10/2010 - Received RFE, missing DS-230 and entire documents..... still waiting for my mom to send me her stuff. omg!

04/22/2010 - Mailed DS 230 packet via USPS Priority Mail.... huh! finally I received my mom's docs.

04/26/2010 - NVC received DS 230 packet

05/07/2010 - Sign-in FAILED....great!

05/10/2010 - Talked to the NVC operator and said "CASE COMPLETED" on 05/10/2010

05/13/2010 - Received Interview Appt. on 06/02/2010 via e-mail

05/17/2010 - Medical Exam

06/02/2010 - Interview Appointment PASSED

06/23/2010 - Returned her passport to Singapore Embassy for issuance of visa

06/30/2010 - Visa Received... Yehey!!

09/16/2010 - Arrived in Hawaii

10/02/2010 - Received Welcome Notice

10/12/2010 - Applied for SS #

10/13/2010 - Received 10 years permanent card

10/18/2010 - Received ss card

Posted

Actually, the requirement in the law that prompted those questions is the physical presence requirement. And, for a person applying based on three years being married to and living with a USC spouse, the physical presence requirement concerns the three years before filing the application, not the preceeding five years, and not the time since becoming a permanent resident.

How do you reconcile the fact that the law asks about the previous three years while the form very clearly asks about the previous five years?

On our application, we crossed out the word "five" and wrote "three", and answered the question for three years. A few immigration attorneys here and on other boards had suggested doing that, and it worked for us. The interviewer liked that approach. I know it seems crazy, and I wouldn't normally advise re-wording the questions on your own initiative. But it will work in this case.

Others have reported taking the questions literally at face value, and answering the questions for the past five years. That works, too, and it certainly won't result in a denial. But at the interview, the officer will have to look through reported travel dates and do the math to figure out the proper answer concerning the past three years. But hey, it's not your fault that you answered exactly the question they asked. If the interviewer complains about it (they normally won't), you can very politely suggest that they work with their supervisors to get the form changed so that it directly asks the question they need to get the answer to.

As long as you don't lie or mislead, and you make it clear what you're answering, you'll do OK. Don't write an answer for the previous three years unless you're making it clear that your answer only concerns the previous three years.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...