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Filed: Citizen (apr) Country: Australia
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Posted

We started the online form and hit a snag. The question is "Have you taken a trip outside of the United States in the last 5 years?"   My husband has not taken a trip, but he lived outside the United States until he came here in 2019.  Should he answer "yes" and include the amount of days in the past five years he wasn't here? It wasn't a trip, so we're confused!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Another question: I'm retired. Under "where is spouse currently employed" , we typed in "Retired" and didn't check "unemployed". Does that seem right, or should we check unemployed?

Country: Thailand
Timeline
Posted (edited)

Wow.. this is fast. Not sure if I will get the combo interview date soon or just a tease but here it goes. I send N-400 on Sep 1, 2022. My I-751 has some activities.

 

September 9, 2022 Case Was Transferred And A New Office Has Jurisdiction

 

September 7, 2022 Your Form I-751, Petition to Remove Conditions on Residence, was transferred to another office for processing.

 

July 9, 2021 We received your Form I-751, Petition to Remove Conditions on Residence.

Edited by HatoKo
Filed: Citizen (apr) Country: India
Timeline
Posted (edited)

Can I ask how much additional evidence everyone is submitting?

 

I have bank statements since we got married in mid-2018, and I can get some joint insurance, leases and our state IDs with the same address.

 

Are people sending in essentially the same amount of evidence as they did for I-751 or a little less? Wondering if I can get away without scanning boarding passes, vet bills, costco membership and gathering photos...

 

@Joyoussinger - I put in five years of travel history even though I'm applying under the three year rule. I was on a student visa for a few years before getting married, so my case is different, but I don't think it hurts to include the time pre-entry. Strange to add birth - US entry as a 'trip' though!

Edited by AffableAndy
Posted
20 minutes ago, AffableAndy said:

Can I ask how much additional evidence everyone is submitting?

 

I have bank statements since we got married in mid-2018, and I can get some joint insurance, leases and our state IDs with the same address.

 

Are people sending in essentially the same amount of evidence as they did for I-751 or a little less? Wondering if I can get away without scanning boarding passes, vet bills, costco membership and gathering photos...

 

@Joyoussinger - I put in five years of travel history even though I'm applying under the three year rule. I was on a student visa for a few years before getting married, so my case is different, but I don't think it hurts to include the time pre-entry. Strange to add birth - US entry as a 'trip' though!

Not sure what others are doing. I would recommend submitting as much evidence as possible, especially under 3 year rule. You don't want an RFE.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
7 minutes ago, OldUser said:

Not sure what others are doing. I would recommend submitting as much evidence as possible, especially under 3 year rule. You don't want an RFE.

What I'm worried about, and I know it's silly, is that they'll see 518 days, forget we're filing under the 3year rule,  and consider him ineligible. I'm sure I'm overthinking it. Thank you for your advice.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
33 minutes ago, AffableAndy said:

Can I ask how much additional evidence everyone is submitting?

 

I have bank statements since we got married in mid-2018, and I can get some joint insurance, leases and our state IDs with the same address.

 

Are people sending in essentially the same amount of evidence as they did for I-751 or a little less? Wondering if I can get away without scanning boarding passes, vet bills, costco membership and gathering photos...

 

@Joyoussinger - I put in five years of travel history even though I'm applying under the three year rule. I was on a student visa for a few years before getting married, so my case is different, but I don't think it hurts to include the time pre-entry. Strange to add birth - US entry as a 'trip' though!

Birth - US entry is what it would amount to. Lol! Thank for your input!

Posted (edited)
2 hours ago, Joyoussinger said:

We started the online form and hit a snag. The question is "Have you taken a trip outside of the United States in the last 5 years?"   My husband has not taken a trip, but he lived outside the United States until he came here in 2019.  Should he answer "yes" and include the amount of days in the past five years he wasn't here? It wasn't a trip, so we're confused!

Hi Joy,

 

My wife listed only 4 years of travel as it relates to this question.  This is because she moved to US in late 2018 and there is no reason to list trips while she was not living in this country.

Edited by SoCal2021
Posted
13 minutes ago, Joyoussinger said:

What I'm worried about, and I know it's silly, is that they'll see 518 days, forget we're filing under the 3year rule,  and consider him ineligible. I'm sure I'm overthinking it. Thank you for your advice.

I'm not 100% sure how the days are calculated, but from what I understand LPR needs to be present in the US 18 months (around 548 days) out of 36 (3 years) to be eligible? Maybe someone can clarify.

Posted

@Joyoussinger Found it:

 

"The spouse must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.[9] Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization"

 

From: 

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#:~:text=D.&text=The spouse must have been physically present in the United,date of filing the application.

 

So if you haven't submitted the form yet, you may want to wait at least until LPR lived in the US for 548 days. And better it would be around 560+ to avoid any issues with how the days are calculated, how computer systems timestamp the application.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
2 hours ago, OldUser said:

@Joyoussinger Found it:

 

"The spouse must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.[9] Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization"

 

From: 

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#:~:tqueext=D.&text=The spouse must have been physically present in the United,date of filing the application.

 

So if you haven't submitted the form yet, you may want to wait at least until LPR lived in the US for 548 days. And better it would be around 560+ to avoid any issues with how the days are calculated, how computer systems timestamp the application.

We're fine as far as the amount of days he's been here. He's been here more than three years, and almost three as an LPR. We've followed the rules about that. I was just worried about the perception if we include the days before he came here. The problem is with the wording of the question. we did our best with it and did include them.

Edited by Joyoussinger
Filed: Citizen (apr) Country: Australia
Timeline
Posted
2 hours ago, SoCal2021 said:

Hi Joy,

 

My wife listed only 4 years of travel as it relates to this question.  This is because she moved to US in late 2018 and there is no reason to list trips while she was not living in this country.

This is what we were going to do. I'm not sure it's right because of the way the question is worded. I have seen the paper form and it's worded differently enough to cause great confusion for us. 

Posted
7 minutes ago, Joyoussinger said:

This is what we were going to do. I'm not sure it's right because of the way the question is worded. I have seen the paper form and it's worded differently enough to cause great confusion for us. 

Is your husband applying under 3 year rule?  I read somewhere on VJ that when applying under 3 year rule, every question that asks you for 5 years, only answer it for 3 years. Not sure if that is correct but if it is, then your husband may be OK since he moved here in 2019. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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