Quick question about travel dates outside the US

[Camelot13 63]

Hi all, 

 

This seems like a technicality and I think I know the answer, but if others confirm that'll make me feel better. For the citizenship by marriage on the n-400 it asks for dates of trips outside the US for the past 5 years. Since we're qualifying by marriage, my husband only needs to list trips since the date he received his first legal residency 3 years ago not anything before that since he didn't live in the US, is that correct? Thank you! 

[Shauneg 762]

Don't know if it helped or mattered but my wife put even the dates before she became a resident.  Everything was approved and nothing was asked.  Don't know if it was actually required to be that way or not.

[Going through 5,671]

26 minutes ago, Camelot13 said:

Since we're qualifying by marriage, my husband only needs to list trips since the date he received his first legal residency 3 years ago not anything before that since he didn't live in the US, is that correct?

That is correct.

[Camelot13 63]

Perfect, thanks!

[Wuozopo 4,293]

3 hours ago, Camelot13 said:

Since we're qualifying by marriage, my husband only needs to list trips since the date he received his first legal residency 3 years ago not anything before that since he didn't live in the US, is that correct?

I agree. Exactly what I did. 

[NewOrleansJerry 12]

If you use the on-line N400 it requires all five years, otherwise you can't complete the section.  We are also filing under the 3-year rule.

[Camelot13 63]

I wonder why they don't have a separate application with 3 years qualification. @NewOrleansJerry what did you put down for the two years before you were a US resident? 

[NewOrleansJerry 12]

My wife was within her 2-year home residency requirement and we used her overseas address.

[r060106 109]

On August 8, 2017 at 8:38 AM, NewOrleansJerry said:

If you use the on-line N400 it requires all five years, otherwise you can't complete the section.  We are also filing under the 3-year rule.

My wife and I are really confused on this section. She is also filing under the 3 year marriage rule and had never been in the US prior to moving here to live with me. The section asks for arrival and return dates, which even if she wrote down that she was in Poland and the UK during the prior 5 years wouldn't make sense because I assume "return" means to the US. So what are we supposed to do? I've heard that some people enter only the 3 years, yet that its better safe than sorry to enter the full 5 years because you could get some officer who follows the questions to a T and says you lied. Can anyone provide any advice in this regard? Thanks 

[Wuozopo 4,293]

2 hours ago, r060106 said:

My wife and I are really confused on this section. She is also filing under the 3 year marriage rule and had never been in the US prior to moving here to live with me. The section asks for arrival and return dates, which even if she wrote down that she was in Poland and the UK during the prior 5 years wouldn't make sense because I assume "return" means to the US. So what are we supposed to do? I've heard that some people enter only the 3 years, yet that its better safe than sorry to enter the full 5 years because you could get some officer who follows the questions to a T and says you lied. Can anyone provide any advice in this regard? Thanks 

 

Do you understand the purpose of this section? You have to have a greencard for 3 years to qualify. But if you spent an excess amount of time outside the US while a permanent resident, then they subtract that time from your three years. Say she got a greencard Jan 1, 2015. At the beginning of 2018, she would be eligible for citizenship. But wait, she spent two years back in her country once she got her greencard. So they say, those two years don't count toward her three years. Subtract two years for that time away and she only has one year that counts, so will not be eligible at the beginning of 2018 after all. 

 

Give them the dates (after after receiving her permanent residency) that she was away from the US. What she did prior to having permanent  residency has nothing to do with this section or the residency rule. 

[Going through 5,671]

Simply put:

 

If you are filing under the 3-year rule...list the travel dates you were outside of the US for the previous 3 years since becoming a US resident.

If you are filing under the 5-year rule...list the travel dates you were outside of the US for the previous 5 years since becoming a US resident.

 

Some people way-overthink this section.  It's a lot easier if you remember that USCIS only cares about time outside of the US only AFTER becoming a resident.

[r060106 109]

2 hours ago, Going through said:

Simply put:

 

If you are filing under the 3-year rule...list the travel dates you were outside of the US for the previous 3 years since becoming a US resident.

If you are filing under the 5-year rule...list the travel dates you were outside of the US for the previous 5 years since becoming a US resident.

 

Some people way-overthink this section.  It's a lot easier if you remember that USCIS only cares about time outside of the US only AFTER becoming a resident.

You kind of have to overthink it with these people, as it's not unheard of it (at least from what I've read on these forums) that IOs will try to find anything to trip you up and I've read that this could be one of them because if it asks for 5 years they'll want to see five years. I've seen multiple people say this, so it's not like I just came up with this question off the top of my head and am trying to be a nuisance by asking it...

[Going through 5,671]

12 minutes ago, r060106 said:

You kind of have to overthink it with these people, as it's not unheard of it (at least from what I've read on these forums) that IOs will try to find anything to trip you up and I've read that this could be one of them because if it asks for 5 years they'll want to see five years. I've seen multiple people say this, so it's not like I just came up with this question off the top of my head and am trying to be a nuisance by asking it...

Provided you have selected option B under Part 2, USCIS understands you are applying under the 3 year rule of eligibility, and is expecting these questions to be answered on that basis. Its a shame that the form itself creates unnecessary confusion in this regard, and I agree it is poorly worded.

 

Of course,  you can include the time before she was even a US resident on the "travel date" portion if you really feel it necessary despite the advice given here---that's your choice to do so----Just keep in mind this will greatly raise the total amount of days outside of the US on the application and may further confuse whomever is adjudicating the application as it will appear right off the bat that she is ineligible based on physical presence.

Edited August 10, 2017 by Going through

[r060106 109]

45 minutes ago, Going through said:

Provided you have selected option B under Part 2, USCIS understands you are applying under the 3 year rule of eligibility, and is expecting these questions to be answered on that basis. Its a shame that the form itself creates unnecessary confusion in this regard, and I agree it is poorly worded.

 

Of course,  you can include the time before she was even a US resident on the "travel date" portion if you really feel it necessary despite the advice given here---that's your choice to do so----Just keep in mind this will greatly raise the total amount of days outside of the US on the application and may further confuse whomever is adjudicating the application as it will appear right off the bat that she is ineligible based on physical presence.

Good point. Thanks for the input. I appreciate it. 

[Wuozopo 4,293]

1 hour ago, r060106 said:

You kind of have to overthink it with these people, as it's not unheard of it (at least from what I've read on these forums) that IOs will try to find anything to trip you up and I've read that this could be one of them because if it asks for 5 years they'll want to see five years. I've seen multiple people say this, so it's not like I just came up with this question off the top of my head and am trying to be a nuisance by asking it...

 

If it makes you feel any better, use a pen to cross out 5 and write in 3 where appropriate. That is exactly what I did.

 

Also remember you will be sat across the desk from the IO who will go over your application with you, question by question. You have the opportunity to discuss or even change answers at that time.