I-485 Question 51

[Skyman 323]

Hi, 

The eligibility questions are pretty straightforward (no, no, no, no.....) until we get to question 51 and the questions are about me.  And because of my military service I have to honestly answer yes to most of the subparts. Hell, that's part of the job.

I know they probably don't care about US military service but the question doesn't exclude it so I feel that to be honest I would have to answer yes and then explain it in part 14. I imagine they wouldn't care if I answered no.  

 

Anyone else run into this dilemma? 

[Thrillhouse 193]

I've got Canadian military experience, both Regular force and Reserve, so I had to answer the questions relating to military service and weapons training as "Yes". As long as you add the corresponding details in Part 14, you'll be fine. I included all appropriate dates and copies of both my military records and certificates of service, and have never had a issue. The officer in my AOS interview just re-confirmed my answers (along with re-confirming a bunch of other questions), and I was approved an hour later!

[SteveInBostonI130 3,459]

I am assuming you served in the US armed forces?  Questions 51a-51f have no bearing on US military service.  If it did, then everyone in the US would have to answer Yes to 51.d and 51.e.

 

 

[Letspaintcookies 2,310]

37 minutes ago, SteveInBostonI130 said:

I am assuming you served in the US armed forces?  Questions 51a-51f have no bearing on US military service.  If it did, then everyone in the US would have to answer Yes to 51.d and 51.e.

 

 

Second this. I just did my interview and asked if those question includes our own military and my IO at the interview said no it's only foreign military that they're interested in with this questions.

 

I had answered no not even thinking that this could include the US military even though my husband is active duty but wasn't too sure anymore by the time of my interview that's why I asked to correct it if needed.

Edited February 23, 2021 by Letspaintcookies

[Skyman 323]

2 hours ago, Thrillhouse said:

I've got Canadian military experience, both Regular force and Reserve, so I had to answer the questions relating to military service and weapons training as "Yes". As long as you add the corresponding details in Part 14, you'll be fine. I included all appropriate dates and copies of both my military records and certificates of service, and have never had a issue. The officer in my AOS interview just re-confirmed my answers (along with re-confirming a bunch of other questions), and I was approved an hour later!

Thanks, that's a relief. 

2 hours ago, SteveInBostonI130 said:

I am assuming you served in the US armed forces?  Questions 51a-51f have no bearing on US military service.  If it did, then everyone in the US would have to answer Yes to 51.d and 51.e.

 

 

But there's nowhere US military service is excluded.  I know what they are really asking but that's not how it reads and English is their first language so they don't have that as an excuse. Actually, for me I would have to answer all parts yes except the one on recruiting because I never was involved in that unless you consider walking around in public in a sharp uniform recruiting which some do.

2 hours ago, Letspaintcookies said:

Second this. I just did my interview and asked if those question includes our own military and my IO at the interview said no it's only foreign military that they're interested in with this questions.

Well, they really need to fix the questions then or put something in the instructions. I guess you could go either way and be ok. As long as you explain. 

[Letspaintcookies 2,310]

8 hours ago, Skyman said:

Well, they really need to fix the questions then or put something in the instructions. I guess you could go either way and be ok. As long as you explain. 

She agreed that the question is confusing.

[SteveInBostonI130 3,459]

10 hours ago, Skyman said:

But there's nowhere US military service is excluded.  I know what they are really asking but that's not how it reads and English is their first language so they don't have that as an excuse. Actually, for me I would have to answer all parts yes except the one on recruiting because I never was involved in that unless you consider walking around in public in a sharp uniform recruiting which some do.

 

It is your choice to answer as you see fit.  I don't think form I-485 or USCIS in general is a place to pick bones about wording.  It would not affect them nor would they care, and it only complicates your immigration case.  If being right on this minor and ultimately inconsequential issue means more to you then simplifying your spouse's immigration, then go for it.

[Skyman 323]

13 hours ago, SteveInBostonI130 said:

 

It is your choice to answer as you see fit.  I don't think form I-485 or USCIS in general is a place to pick bones about wording.  It would not affect them nor would they care, and it only complicates your immigration case.  If being right on this minor and ultimately inconsequential issue means more to you then simplifying your spouse's immigration, then go for it.

Yes but on the other side of the coin you could go to the interview and could say that you answered no to ever having military training yet you're retired military.  Please explain. 

 

At least answering yes and explaining it  you are showing that you read and considered all the questions rather than just checking off no for everything without even looking. 

 

If I were an interviewer I would ask those with any military service who answered no to explain their answers.

[SteveInBostonI130 3,459]

As I said, answer as you see fit.  I have one favor to ask:  please post any follow ups regarding this.  It would be beneficial to us all to see how USCIS handles your responses for these questions.

[Skyman 323]

On 2/24/2021 at 11:26 AM, SteveInBostonI130 said:

As I said, answer as you see fit.  I have one favor to ask:  please post any follow ups regarding this.  It would be beneficial to us all to see how USCIS handles your responses for these questions.

Okay, so here it is...  The interviewer thought I had answered incorrectly but I explained and he said something like, that doesn't apply to US military. I said that the instructions need to reflect that. He changed my answers but didn't try to make me resign and then he approved her. Waiting for the next go round with the N-400.