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pasquale1977

filing n400 under section 319b

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Filed: Lift. Cond. (pnd) Country: Italy
Timeline

I became a lawful conditional permanent resident of the United States on 21 Dec 2011. My wife is stationed in Germany. She is a DoD civilian on government orders until June of 2014. Because of that it seems that I qualify to file n-400 under section 319(b). As i am doing so I came across part 7 of the form. It asks how many days I spent outside of the USA in the past 5 years. I am an Italian citizen and in the past 5 years I did take some trips to the States. Should I just answer that question by assuming that there 1825 days in 5 years minus the day I spent visiting the States would give me the days spent outside of the USA? for part7c, we went back to the Germany on Jan 07th 2012 on my wife orders,so what to answer?

thank you

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Filed: Timeline

I became a lawful conditional permanent resident of the United States on 21 Dec 2011. My wife is stationed in Germany. She is a DoD civilian on government orders until June of 2014. Because of that it seems that I qualify to file n-400 under section 319(b). As i am doing so I came across part 7 of the form. It asks how many days I spent outside of the USA in the past 5 years. I am an Italian citizen and in the past 5 years I did take some trips to the States. Should I just answer that question by assuming that there 1825 days in 5 years minus the day I spent visiting the States would give me the days spent outside of the USA? for part7c, we went back to the Germany on Jan 07th 2012 on my wife orders,so what to answer?

thank you

I think you still have to fill out part 7, even though the physical presence and continuous residence requirements are disregarded for people who qualify under section 319(b). So, just answer the questions as instructed. Your plan for counting the number of days sounds fine. On part 7©, you will have to include the time since you left the U.S. as a trip to the U.S.

You should also make sure that you say you are eligible under section 319(b) in Part 1 and make sure you file the application at the right lockbox as specified in the instructions for people who qualify under section 319(b). Also, follow the instructions on this factsheet: http://www.state.gov/documents/organization/79520.pdf

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  • 4 months later...
Filed: Lift. Cond. (pnd) Country: Italy
Timeline

I think you still have to fill out part 7, even though the physical presence and continuous residence requirements are disregarded for people who qualify under section 319(b). So, just answer the questions as instructed. Your plan for counting the number of days sounds fine. On part 7©, you will have to include the time since you left the U.S. as a trip to the U.S.

You should also make sure that you say you are eligible under section 319(b) in Part 1 and make sure you file the application at the right lockbox as specified in the instructions for people who qualify under section 319(b). Also, follow the instructions on this factsheet: http://www.state.gov/documents/organization/79520.pdf

I did file my naturalization petition under section 319B in May of 2012 and send it all to the Vermont Center and asked to have my interview at the Fairfax Virginia Immigration Office. I did answer part 7 as instructed. I was interviewed on 24th Sept 2012 and I took the Oath the same day at 2pm. I am now a citizen of the United States of America; I did everything by myself from my green card which I got on December 2011 to the Citizenship. Thanks to anyone in this forum for the advice

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