N-400, Part 9, Time Outside the US questions

[xyz12345 260]

Hello,

 

Hoping I can do early filing of N-400 based on 5-yr residency in a couple of months. Your help is therefore much appreciated. Sorry if these questions have been asked already.

 

 

1) If I do early filing, should I use the Date of Signature (Part 13) as the starting date? Same thing for residential (Part 5) and employment (Part 8) histories?

 

2) How do I account for this 90 days or so then? Do I put ‘N/A’ on the “Date You Left the United States” and my POE date on the “Date You Returned to the United States”, and just calculate the number of days outside the US based on the Date of Signature? What if I have a departure date from the US that was outside the 5 year mark (e.g., 36 days prior to)? Do I still put N/A or the actual departure date?

 

 

Thanks again for your time!

 

 

[Going through 5,671]

If I'm understanding your questions clearly...

 

The 90 day window has nothing to do with the date of the signature on your application.

The 90 day window has to do with the date your green card was issued.  So 90 days BEFORE the "anniversary date" of your green card, is the earliest you are eligible to file.

You sign your application on the date you are actually filling it out (if you fill it out today, and sign it today, and send it today, the date would reflect today's date.) .  You cannot post-date the signature weeks or months down the road and mail it next week, for example  You CAN fill out the application and then sign it and send it out later on when you are ready, of course---that's different.  

 

From USCIS's website:

 

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2006,” you meet the 5 year permanent resident requirement on “July 4, 2011.” If you have met all other eligibility requirements, you may file your completed Form N-400 90 days before “July 4, 2011.” The earliest date you may apply for naturalization would be “April 5, 2011.”

 

The calculator will help you verify that you file your Form N-400 with USCIS no more than 90 days prior to your permanent resident anniversary date. USCIS will deny your Form N-400 if you file your Form N-400 more than 90 days prior to your anniversary date. CLICK HERE to access the USCIS Early Filing Calculator.

Edited August 31, 2017 by Going through

[Going through 5,671]

12 hours ago, xyz12345 said:

1) If I do early filing, should I use the Date of Signature (Part 13) as the starting date? Same thing for residential (Part 5) and employment (Part 8) histories?

The past residence history covers the past 5 years...so you would list them up to the date your application is filled out (the Present date).

 

12 hours ago, xyz12345 said:

2) How do I account for this 90 days or so then? Do I put ‘N/A’ on the “Date You Left the United States” and my POE date on the “Date You Returned to the United States”, and just calculate the number of days outside the US based on the Date of Signature? What if I have a departure date from the US that was outside the 5 year mark (e.g., 36 days prior to)? Do I still put N/A or the actual departure date?

 You calculate the travel history based off of the last 5 years since becoming a permanent resident.  Any travel previous to the last 5 years you do not have to list.  The early 90 day window still falls within the previous 5 years.

[xyz12345 260]

1 hour ago, Going through said:

The past residence history covers the past 5 years...so you would list them up to the date your application is filled out (the Present date).

 

 You calculate the travel history based off of the last 5 years since becoming a permanent resident.  Any travel previous to the last 5 years you do not have to list.  The early 90 day window still falls within the previous 5 years.

hi, thanks for the response!

 

my 5th year GC will be on 6/29/18 so I'm planning to e file or mail my applic on 4/2/18. I also plan to use 4/2/18 as my signing date for the applic.

 

If I understand you correctly, in my case, since I'm doing early filing, my 5 years of required histories start on 4/2/13.

 

Since my applic will include days that I was still outside the US, can I just put N/A on DEPARTURE date and POE/IV date as the return date? I'm thinking of putting 88 days as time outside the US for that period.

 

I hope I'm not making it more confusing. Please bear with me!

 

 

[Going through 5,671]

26 minutes ago, xyz12345 said:

Since my applic will include days that I was still outside the US, can I just put N/A on DEPARTURE date and POE/IV date as the return date? I'm thinking of putting 88 days as time outside the US for that period.

you are only supposed to list days outside of the US since becoming a permanent resident.  Time outside of the US before becoming a gc holder do not need to be listed.

[xyz12345 260]

2 minutes ago, Going through said:

you are only supposed to list days outside of the US since becoming a permanent resident.  Time outside of the US before becoming a gc holder do not need to be listed.

ok, thanks! I'll remove that entry then!