N-400 Part 7. Time outside USA

[Martin 0]

Hi all,

Finally I will apply to the USA Naturalization based on a 3 years marriage with a US. Citizen. Looking into the N-400 form, I found the part 7 is asking me the time I have been outside the USA in the last 5 years ! ... well, I have been living in USA for 4 years now. In 2006 I was still living in my country of birth.

Does any one of you have had the same problem ? ... Is this really a problem ?

Regards,

[v333k 59]

Hi Martin,

Forget about the 5 and just answer the question as if it is 3 years. The are interested in your travel while a LPR so it will not apply in your case.

HTH

[Saylin 1,605]

Oh, that's good to hear. I'm going to be in the same situation when I apply in a few years as well and was wondering the same thing.

Edited October 5, 2010 by Saylin

[NickD 203]

That question is working out fine for my step daughter turning 18 before her mom could apply, she has been a LPR for five years. But her mom was out of the country for some odd 409 days when she applied with the three year marriage. Our attorney recommended since they are literally phasing that question that way, to answer it literally that way. So that is what we did. No one can argue that.

His law firm has been after the USCIS for quite awhile to change that question to how many days have you been out of the country since becoming a lawful permanent resident. That is exactly what they want to know in the following table where you have to list all your trips outside of the USA for greater than 24 hours since becoming a lawful permanent resident. And that question should follow that table rather than precede it. USCIS has updated that form many times, but has never corrected it, its up them to correct it.

[warlord 73]

Yeah the N-400 was kind of designed for the 5 year thing, and surprised they haven't changed it. I was here about 7 years before I got married. So when I got to the N-400 a few years later, I listed all 5 years. The IO looked at the dates and started crossing out the ones that were before 3 years saying because it's marriage based those trips are not considered.

So even if you've lived here on another status for 5 years, you still would only need to put down the past 3 years for marriage based ones...

[Saddle Bronc 124]

Yeah the N-400 was kind of designed for the 5 year thing, and surprised they haven't changed it. I was here about 7 years before I got married. So when I got to the N-400 a few years later, I listed all 5 years. The IO looked at the dates and started crossing out the ones that were before 3 years saying because it's marriage based those trips are not considered.

So even if you've lived here on another status for 5 years, you still would only need to put down the past 3 years for marriage based ones...

Not really surprising when one sees the instructions for various forms (example, those for the plain-jane I-129--not the I-129F--still contain about "TC")

[Martin 0]

Great ! .. Thanks to everybody