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N-400 Question - Part 7 A.

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I know this is stupid and I'm probably overthinking this, but I have a question about Part 7 A.

It reads as so:

Part 7. Time Outside the United States

(Including Trips to Canada, Mexico and the Caribbean Islands)

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

The reason I am confused is because I am filing from being married to the same US Citizen for 3 years (came here with a K1 visa). Therefore I lived in my home country for 2 years (or thereabouts) before I came over here and married my husband and filed for adjustment of status. How many days do I include? The 2 years plus any trips taken? Or just the trips taken (I have been over to visit my family once since coming over) to other countries?

What have you guys put down? Thanks in advance for any help!

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Filed: Citizen (apr) Country: Colombia
Timeline
I know this is stupid and I'm probably overthinking this, but I have a question about Part 7 A.

It reads as so:

Part 7. Time Outside the United States

(Including Trips to Canada, Mexico and the Caribbean Islands)

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

The reason I am confused is because I am filing from being married to the same US Citizen for 3 years (came here with a K1 visa). Therefore I lived in my home country for 2 years (or thereabouts) before I came over here and married my husband and filed for adjustment of status. How many days do I include? The 2 years plus any trips taken? Or just the trips taken (I have been over to visit my family once since coming over) to other countries?

What have you guys put down? Thanks in advance for any help!

"A. How many total days did you spend outside of the United States during the past five years? [ ] days"

Can answer it literally like we did or whatever your IO at the interview may think you should type in. Ours just wanted the sum of the days in that tabulation of all the trips you have taken outside of the USA since becoming a LPR. That tabulation is clear on that point, the trips you took out of the country since becoming a LPR.

In our case, we had taken just two trips, one for 11 days, the second for 10 days, easy math, a total of 21 days, but the days she was out of the country in the last five years was over 400. So we put in the over 400 days, because that is what that question asked and is what our attorney advised to put in. But her IO told her she wanted that 21 number in there, and asked my wife why she didn't put that number in there. Wife just replied, because that is what they asked. That was the end of that.

Surprised with the new head of the agency, that wasn't corrected yet. Some suggest hand crossing out the five and making that a three, a legal question arises about changing the form. Could just leave it blank and attach an addendum explaining 413 days out of the country in the last five years, but the total days out of the country since becoming a LPR is 21 or whatever days.

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I even called USCIS about this question, and of course they were of no help. It's very confusing though, when you are applying because of the 3 year rule. We just entered "0" because my husband hasn't been out of the country at all during his time as a LPR, and ignored the 365 x 2 days that he lived in Rwanda during the two years before that. We just submitted though, so I can't say if this approach worked or not. I just wanted to agree that this question is very very confusing!

Met in Rwanda December 2003

Married in Rwanda March 2006

Came to US with conditional Greencard July 2006

And then we became three, J born September 2006

Removal of Conditions

Applied: June 09, 2008

Approved: June 01, 2009 (after a transfer to CSC, service request, RFE and N-400 application)

Greencard arrived: July 15, 2009 (finally!)

Naturalization

Applied (TSC): May 20, 2009

NOA: June 01, 2009

Biometrics: June 20, 2009

Interview Letter: August 7, 2009

Interview: September 10, 2009

Oath: September 28, 2009

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We did as others here have suggested and crossed out the word "five" and replaced it with "three" since it just didn't make sense to use 5 years when my husband was not even living in the U.S. 5 years ago.

Still waiting to receive an interview appointment so can't be sure this approach won't cause any issues, but we've seen many other posters here who did the same and didn't encounter any problems.

JOURNEY HIGHLIGHTS

04/23/05: Sent fiance petition (I-129F) to VSC

10/26/05: K-1 visa in hand

02/17/06: Flight to U.S. - POE Anchorage

03/01/06: We got married!!

03/04/06: Applied for Adjustment of Status

07/31/06: Received 2-Year Green Card in the mail

04/08/08: Sent application for Removal of Conditions to VSC

03/20/09: Received 10-year Green Card in the mail

04/11/09: Mailed N-400 application to Lewisville, TX Lockbox

08/18/09: Citizenship interview in Garden City, NY

08/27/09: Sworn in as a U.S. Citizen in Brooklyn Court House

08/29/09: Applied for U.S. Passport (routine service)

09/25/09: Received U.S. Passport in the mail

* Our Journey is Complete ! *

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Filed: Citizen (apr) Country: Colombia
Timeline
We did as others here have suggested and crossed out the word "five" and replaced it with "three" since it just didn't make sense to use 5 years when my husband was not even living in the U.S. 5 years ago.

Still waiting to receive an interview appointment so can't be sure this approach won't cause any issues, but we've seen many other posters here who did the same and didn't encounter any problems.

I did this and have also told others to do it - I crossed out the five and wrote three - There was never any question about this in my wife's interview. Her oath is on June 10th. If you do not cross out five and or do describe the 5 years then make sure to explain that you are using the three years rule and the first two years were out of the country. 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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Thanks guys! I really appreciate your replies. Those were the two choices we were discussing. I think I will cross out the five and write in three as others have done. At least that way it makes sense and I won't feel like I'm lying. It really REALLY does need to be re-phrased for those of us that can apply at the three year mark.

Thanks again for your advice!

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