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latteberry

Is it "out of the country" if we hadn't moved here yet?

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Filed: Country: England
Timeline

I'm sure this has been answered elsewhere, but I couldn't find it.

On the n-400 it asks how many days my husband was out of the country in the last 5 years. Well, we didn't move here until August 2008. So, he meets the 3-year residency requirement but there is a big chunk of the "5 years" that he wasn't in the country because we were still living abroad. Once he got here, however, he never left.

How do we answer that question? Do we actually count the days from exactly 5 years ago until the date of immigration or do we say Zero?

Thanks.

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Filed: Citizen (apr) Country: India
Timeline

If you husband is applying for naturalization based on marriage, then you need to mention only past 3 years. The 5-year rule does not apply to him.

09/1991 - Came to the US on F1

06/2002 - Became a Permanent Resident

Naturalization Journey

10/12/11: Sent N-400 to Dallas lockbox via USPS certified mail

10/18/11: Delivery confirmed

10/21/11: Check cashed

10/25/11: Got NOA by mail. Priority date 10/18

10/28/11: FP notice received by mail

11/18/11: FP done per schedule

01/03/12: Yellow letter received (dated 12/12/11)

01/06/12: Status changed to Testing and Interview (inline for scheduling)

01/18/12: Status changed to Interview Scheduled

01/21/12: IL Received

02/23/12: Interview: approved. Oath: completed

Phew, what a journey! I am a US Citizen.

02/27/12: Applied for U.S. Passport & Passport card

03/26/12: Received passport

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Filed: IR-2 Country: Bulgaria
Timeline

Right - when applying for the N-400 based on the three-year marriage+residency requirement, just replace "3 years" everywhere that you see "5 years" on the application.

We had the same situation - living abroad until my husband used his CR-1 visa in October 2008. So yeah, we would have had something like 600+ days "out of the country" if we included pre- October 2008....

So - now that I said to replace 5 years with 3 years everywhere, I realized that we DIDN'T do that for Section 6 - addresses & employment. We included 5 years (and actually more like 40 years since my husband only lived in one place since birth until he moved to the U.S.!) Don't know if that is going to prove to be any kind of problem for his application - he isn't approved YET (always something to worry about!) You might consider being more consistent than we were and only including 3 years' worth of addresses and employment info...or who knows, hopefully it's not a big deal that we included extra.

Edited by SerenityNOW

[i am the USC and the wife/stepmother]
The prelude - 2007
November 22 - Married in Bulgaria.
CR-1 - 2008
January 7 I-130 sent - APPROVED in 106 days.
Interview - APPROVED 175 days from NOA-1 date
ROC - 2010-2011
October 5 - I-751 sent APPROVED 111 days from NOA-1 date, no interview.
NATURALIZATION - 2012
APPROVED 79 days.
May 9 - Oath ceremony - in Oakland, CA.

*************Didn't have enough of the immigration process yet!! Starting again with 16-year-old (step)son****************
IR-2 - 2012-2013
---USCIS---
Nov 15 - I-130 sent. NOA-1 received from MSC.
Jan 22 - APPROVED 65 days from NOA-1. Never transferred to field office.
---NVC---
Feb 4 - received @ NVC
Feb 26 - Got NVC Case # and Invoice ID #
----------------------------------slowing down the process a little... stepson can't come till nearly July-----------------------------
March 19 - Sent e-mail Choice of Agent, without scan of DS-3032. Paid AOS fee ($88).
April 1 - Choice of Agent information accepted (10th "working day" to accept).
April 3 - IV invoice appeared. Paid IV fee ($230).
April 11 - Sent IV package and AOS package TOGETHER. Confirmed delivery April 15.

April 26 - Case Complete (10th working day)

May 14 - Interview date assigned (12th working day)

June 5 - Interview in Sofia - VISA GRANTED!!!

June 16 - POE @ SFO. No problems. He's a citizen now!

Oct 4 - US Passport received. (SS card received some time in the summer; had to go to SSA office to obtain)

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