Part 9 Time outside the US

[Snowy Owl 3]

Hi everybody, I have a question about Part.9 - time outside the US

I'm going to file N-400 based on marriage, so I'm not yet in US for 5 full years. Part.9 asks "How many total days you spent outside US during the last 5 years"

Should I include the days I lived outside US before I enter US? I'm really confused, as I didn't take any trips out the US since I entered. What should I write in this field?

I really appreciate any help with this question.

[Ben&Zian 4,398]

If from the time you came into the US, married, did AOS and all, if you haven't left the country period since then, then you would put N/A or Zero I would think.

 

It wants to know how many days you have spent outside the US since your AOS and becoming an LPR.

[frostiana 12]

yes, if applying by marriage, they want to know how many days outside the U.S. in the past three years since your application.  

[Snowy Owl 3]

Thank you very much!

[Sean and Kristina 24]

Okay I kinda knew about this time outside the US requirement, but didn't think much of it because citizenship is still a few years away for my husband.

Anyway, after my husband received his conditional residency we lived in Detroit for about six months and during that time we frequently crossed the Canadian border in order for my husband to transit to Buffalo, NY for work trips. Do even THOSE count? I mean it's about a 3 - 4 hour drive of transit and then you quickly re-enter the US. I have no clue how many times he must've made that trip. 

[candybabe 46]

15 hours ago, Sean and Kristina said:

Okay I kinda knew about this time outside the US requirement, but didn't think much of it because citizenship is still a few years away for my husband.

Anyway, after my husband received his conditional residency we lived in Detroit for about six months and during that time we frequently crossed the Canadian border in order for my husband to transit to Buffalo, NY for work trips. Do even THOSE count? I mean it's about a 3 - 4 hour drive of transit and then you quickly re-enter the US. I have no clue how many times he must've made that trip. 

I think if I remember correctly, the form asks for trips longer than 24 hours. You can check on the N-400 form.

Also, since you have a good chunk of time before you have to file, make sure you keep records of all trips , because years later they will not come back to memory very easily. Lessons learned the hard way.

[Sean and Kristina 24]

Definitely going to start a list now! 

 

Another question: must we include trips taken after filing for AOS? Or is it only after becoming a resident? Because we did go to Puerto Rico (which probably shouldn't matter since you don't need a passport for entry there) and Dubai on Advance Parole before his residency. 

[candybabe 46]

1 hour ago, Sean and Kristina said:

Definitely going to start a list now! 

 

Another question: must we include trips taken after filing for AOS? Or is it only after becoming a resident? Because we did go to Puerto Rico (which probably shouldn't matter since you don't need a passport for entry there) and Dubai on Advance Parole before his residency. 

When you file for Naturalization you take into consideration the date when you became a Resident -

so

3 years since the date on GC under the Resident since, AND have to be married to the US Citizen and in a bona fide marriage so sending proof of that , or

5 years since the date on  GC under the Resident since , which will qualify him based on his residency regardless of marriage status.

 

As far as trips ,

for the 3 years rule, you would be expected to list all trips taken during those 3 years of having been a resident .

Filing for AOS did not make him a resident automatically , he became one when your AOS was approved ( which could have been months later)....

So in theory , any trips after filing for AOS and before being approved would not normally qualify in your time count towards naturalization.

 

The time count starts on the day he became a resident ( date on GC).

In example :

He married you in 2013, filed for AOS.

He became a conditional resident on 3/1/2014 - that is his Resident since date on his GC.

He filed for Removal of Conditions on 3/1/2016 ( or 90 days earlier). He obtained his permanent card that shows same Resident since date as the first one.

He wants to file for citizenship at 3 years rule based on marriage to US Citizen. He is eligible 3/1/2017.

He would only need to list all travel since 3/1/2014 (last 3 years).

 

Hope this makes sense.

 

I am not an immigration lawyer / specialist.

 

 

[Sean and Kristina 24]

@candybabe Makes sense to me! Thank you very much for your insight.

[AK_2014 113]

On 4/4/2017 at 10:27 PM, Sean and Kristina said:

Anyway, after my husband received his conditional residency we lived in Detroit for about six months and during that time we frequently crossed the Canadian border in order for my husband to transit to Buffalo, NY for work trips. Do even THOSE count? I mean it's about a 3 - 4 hour drive of transit and then you quickly re-enter the US. I have no clue how many times he must've made that trip. 

My understanding is that if you are in the US for any part of a day, it counts as a day in the US. So if he just traveled through Canada for a couple of hours, it does not count as a day away.

 

See this USCIS policy manual: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html, this sentence in particular: "USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes."

[candybabe 46]

4 hours ago, AK_2014 said:

My understanding is that if you are in the US for any part of a day, it counts as a day in the US. So if he just traveled through Canada for a couple of hours, it does not count as a day away.

 

See this USCIS policy manual: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html, this sentence in particular: "USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes."

I wish I knew this when I was counting the days of the trips