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"Days out of US" Question

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Filed: K-1 Visa Country: Ireland
Timeline

My husband is about to file for citizenship :dance: based on the 3 year exception for spouses of American citizens. On the form it asks how many days you have spent outside the US in the last 5 years. I know (think) that they really mean since becoming a resident, but that isn't how it's worded. We just wanted to know how other people handled that part of the application.

We were thinking of putting the total number of days including the 1st 2 years residence in Ireland and then in the chart below writing 'N/A' for Date Left US; the date he moved for Date Entered US; leaving the check marks blank for did the trip last more than 6 months ; writing 'Still residing in Ireland' for Countries Visited

Did anyone else do that the same way? Differently? What were the results?

Any advice would be appreciated! Thanks!

Timeline:

11-15-2005: Sent in I-129F to VSC

11-21-2005: NOA1

11-29-2005: NOA2

12-05-2005: NVC recieved

12-17-2005: Packet 3 received from Dublin

1-11-2006: Sent packet 3 forms, etc. to Dublin

2-03-2006: Interview Date :)APPROVED!!!

2-05-2006: Flying to Logan Airport

2-11-2006: Wedding Date

3-14-2006: Filed AOS and EAD

3-22-2006: NOA1 (AOS and EAD)

4-07-2006: Biometrics

6-07-2006: EAD approved!!

7-24-2006: AOS Interview APPROVED!!!

7-27-2006: Received Welcome to America letter

8-03-2006: Green Card Received :)

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Remember - the form was written for people that have to wait 5 years to apply for citizenship. Married to USC lowers that to 3yr's

Your plan looks good. I am sure they can figure out when the person was eligible or not.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (pnd) Country: Ireland
Timeline

I'm sending my N-400 today and I just listed my days out of the US within the past 3 years.

Timeline

I-130

February 13, 2006: I-130 filed (US Embassy, Dublin, Ireland).

April 18, 2006: Interview date received.

May 02, 2006: Interview (US Embassy, Dublin, Ireland). Visa approved.

June 14, 2006: Moved to Charlotte, NC.

July 20, 2006: 'Welcome to the United States' letter received.

July 21, 2006: Applied for SSN.

July 29, 2006: SSN received.

September 05, 2006: 2 year Permanent Resident card received.

I-751

April 09, 2008: Mailed I-751 to TSC.

April 15, 2008: Check cashed.

April 16, 2008: Case transferred to VSC.

April 23, 2008: Biometrics appointment letter received.

May 10, 2008: Biometrics appointment.

June 28, 2008: Moved to Clearwater, FL (Filed AR-11 and I-865).

March 04,2009: 10 year Permanent Resident card production ordered.

March 13,2009: 10 year Permanent Resident card received.

N-400

April 24, 2009: Mailed N-400 to TX Lockbox.

April 30, 2009: NOA1 Notice date.

May 11, 2009: Biometrics appointment letter received.

May 16, 2009: Biometrics complete (walk-in).

June 04, 2009: Interview letter received.

July 23, 2009: Interview.

July 23, 2009: Oath. I am a US citizen!

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Filed: Country: Philippines
Timeline

We listed the total days outside US for the past five years. We then listed the trips outside US since becoming permanent resident. We then attached an explanation listing how many days in the past five years were those spent outside US prior to first arrival on K1.

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

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Filed: Citizen (apr) Country: Colombia
Timeline

Easy. I crossed out 'five' and wrote 'three' on the form and then listed the days out in the last 3 years. Good Luck

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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I've cut and pasted the following reply from my post in the sticky "general information on naturalzation" thread at the top of this forum:

I'm applying based on three years of permanent residence, but the N-400 asks in part 6 about residence and employment for the past five years, and in part 7 it asks about days and trips outside the US for the past five years. What do I do?

The law only cares about the past three years, but the form very clearly asks about five. You can take the questions literally and answer them for the past five years. You won't be denied or delayed for showing a bunch of time outside the US if you do this. People have also reported success by striking out the word "five" and writing "three", and answering the questions for the past three years. Whatever you do, don't lie or mislead. At your interview, expect the officer to go over the N-400 and get the information that they really need about the past three years, regardless of how you interpret those written questions. Note that question 7C asks about trips "since becoming a lawful permanent resident", without saying anything about any particular time period, so answer it as written.

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.

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Filed: K-1 Visa Country: Ireland
Timeline

Thanks everyone!

Timeline:

11-15-2005: Sent in I-129F to VSC

11-21-2005: NOA1

11-29-2005: NOA2

12-05-2005: NVC recieved

12-17-2005: Packet 3 received from Dublin

1-11-2006: Sent packet 3 forms, etc. to Dublin

2-03-2006: Interview Date :)APPROVED!!!

2-05-2006: Flying to Logan Airport

2-11-2006: Wedding Date

3-14-2006: Filed AOS and EAD

3-22-2006: NOA1 (AOS and EAD)

4-07-2006: Biometrics

6-07-2006: EAD approved!!

7-24-2006: AOS Interview APPROVED!!!

7-27-2006: Received Welcome to America letter

8-03-2006: Green Card Received :)

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