Applying for N400 Based on 3 Year Marriage - Help!!!

[edpa 20]

Hello! We are applying for the N400 based on 3 year marriage (marriage anniversary date of 1/1/2016 and greencard anniversary date of 4/08/2016). We applied for i-751 and it's currently still pending.

 

Our questions are as follows

 

1) For the travel history, it says to list the past 5 years, however, prior to LPR - my husband was traveling back and forth to the US for business. Do we also need to include those 2 trips? I'm asking because then it shows that he was out of the US for almost 400 days, which is accurate, because he was out of the US for that long with a work visa. After becoming a LPR, he only was out of the US for 15 days. 

 

Do we list travel history since he became an LPR? Or just go ahead and list all 5 years?

 

2) We only have filed taxes together in 2016 and 2017, we are not going to be filing 2018 until about March, can we still just go ahead and submit what we have? 

 

Thanks for any help!

[Khallaf 650]

9 minutes ago, edpa said:

Hello! We are applying for the N400 based on 3 year marriage (marriage anniversary date of 1/1/2016 and greencard anniversary date of 4/08/2016). We applied for i-751 and it's currently still pending.

 

Our questions are as follows

 

1) For the travel history, it says to list the past 5 years, however, prior to LPR - my husband was traveling back and forth to the US for business. Do we also need to include those 2 trips? I'm asking because then it shows that he was out of the US for almost 400 days, which is accurate, because he was out of the US for that long with a work visa. After becoming a LPR, he only was out of the US for 15 days. 

 

Do we list travel history since he became an LPR? Or just go ahead and list all 5 years?

 

2) We only have filed taxes together in 2016 and 2017, we are not going to be filing 2018 until about March, can we still just go ahead and submit what we have? 

 

Thanks for any help!

so he got his first green card dated for 4/8/16 that is when his time would start to clock to be the 3 year rule and must have had the green card for 3 years if I understand, they will only look at his travel from the date he became a LPR and his first green card, with that being said it would be all travel after 4/8/16.

 

 

[USS_Voyager 1,972]

14 minutes ago, edpa said:

Hello! We are applying for the N400 based on 3 year marriage (marriage anniversary date of 1/1/2016 and greencard anniversary date of 4/08/2016). We applied for i-751 and it's currently still pending.

 

Our questions are as follows

 

1) For the travel history, it says to list the past 5 years, however, prior to LPR - my husband was traveling back and forth to the US for business. Do we also need to include those 2 trips? I'm asking because then it shows that he was out of the US for almost 400 days, which is accurate, because he was out of the US for that long with a work visa. After becoming a LPR, he only was out of the US for 15 days. 

 

Do we list travel history since he became an LPR? Or just go ahead and list all 5 years?

 

2) We only have filed taxes together in 2016 and 2017, we are not going to be filing 2018 until about March, can we still just go ahead and submit what we have? 

 

Thanks for any help!

1) Just travel history since he became LPR. They don't care what happened before that.

2) Yes, you can only submit what you have. You can bring 2018 tax at the time of the interview.

[Going through 5,671]

20 minutes ago, edpa said:

Do we list travel history since he became an LPR? Or just go ahead and list all 5 years?

Since becoming an LPR.

[Going through 5,671]

21 minutes ago, edpa said:

2) We only have filed taxes together in 2016 and 2017, we are not going to be filing 2018 until about March, can we still just go ahead and submit what we have? 

Yes.  Worst case scenario is that you get RFE'd for the 2018 taxes later on.  Most likely, you just bring them to the interview for them to added to your file.

[AMSS 22]

I have a question? The 2 years with Conditional GC its consider for Naturalization base on 3 year marriage?

 

[Going through 5,671]

2 minutes ago, AMSS said:

I have a question? The 2 years with Conditional GC its consider for Naturalization base on 3 year marriage?

 

You'd still have to file the i-751 to remove conditions on the card first (and pay that fee)---no way around that, unfortunately, before filing the N400 when eligible. 

 

(Note:  If you become eligible for the N400 while the i-751 is pending, you can file for naturalization then---you don't have to wait for the ROC to be approved first.)

[edpa 20]

1 hour ago, Going through said:

You'd still have to file the i-751 to remove conditions on the card first (and pay that fee)---no way around that, unfortunately, before filing the N400 when eligible. 

 

(Note:  If you become eligible for the N400 while the i-751 is pending, you can file for naturalization then---you don't have to wait for the ROC to be approved first.)

Agreed, this is the route we're taking since it's been over 365 days since we submitted the I-751 application. Hope so the citizenship process goes by quickly 🙏

Thanks everyone for the feedback! We'll be submitting tonight. Praying for a quick N400 journey! 

[mtempelaar 190]

They only care about since becoming an LPR. 

 

Before we applied, I asked the same question on VJ.  I was told to fill out 5 years even though he was LPR for 3 years, which showed those ridiculous 400 day lapses you speak of.  In the interview, the IO was confused and annoyed about including 5 years.   They had to redo the whole thing during my husband's interview based on 3 years since he had arrived.  It started the interview off very badly.