Travel outside of the U.S.

[sashsash 208]

I moved to the U.S. on K1 visa in 2019. Then I got my conditional green card in 2019 and 10-year green card in 2022. I am applying to the citizenship online and my application is based on the 3 years rule (marriage to the U.S. Citizen).

 

After reading the search results, I still feel like I would like to clarify one question.

 

Prior moving to the U.S. in 2019 I used to travel a lot, including coming to the U.S. in 2018 on B1/B2 visa; however, after moving here in 2019 I have never traveled outside of the U.S.

 

With that being said, how should I answer the question "Have you taken a trip outside of the United States in the last 5 years?". If I only count last 3 years since become LPR, my answer should be "No", but if I answer the question the way it was stated listing last 5 years, I have to include lots of trips including to the U.S. while I visited on B1/B2 visa?

 

Thank you!

[Mike E 11,745]

Trips taken while you in the USA on a B status do not count. 

[nastra30 2,457]

5 hours ago, sashsash said:

I moved to the U.S. on K1 visa in 2019. Then I got my conditional green card in 2019 and 10-year green card in 2022. I am applying to the citizenship online and my application is based on the 3 years rule (marriage to the U.S. Citizen).

 

After reading the search results, I still feel like I would like to clarify one question.

 

Prior moving to the U.S. in 2019 I used to travel a lot, including coming to the U.S. in 2018 on B1/B2 visa; however, after moving here in 2019 I have never traveled outside of the U.S.

 

With that being said, how should I answer the question "Have you taken a trip outside of the United States in the last 5 years?". If I only count last 3 years since become LPR, my answer should be "No", but if I answer the question the way it was stated listing last 5 years, I have to include lots of trips including to the U.S. while I visited on B1/B2 visa?

 

Thank you!

Trips taken outside US as LPR. Not as a tourist on B visa.

Edited October 11, 2022 by nastra30

[FlyingGreen 14]

The information provided by the above 2 persons may or may not be correct.

 

I personally encountered similar issues during my N400 interview. To better explaining my situation, I have included my timeline below:

 

While on H1b non-immigrant visa: I travelled outside of US for a few days in October and November of 2016

GC approved on Dec 20, 2016

Oct 1, 2021: 90 days early filing for N-400 (5 years rule)

 

On my N400 form, I did NOT include my trips in Oct and Nov 2016. I only included all trips after Dec 20, 2016.

 

During the interview, the officer found out about my trips in Oct and Nov 2016. The officer made it clear that I must include all trips 5 years before the date I filed for my N400 - regardless of my immigration status at that point (so in my case, any trips between Oct 1, 2016 - Dec 20, 2016 must also be included).

 

Now, I do not know how B visa will come into play. To be safe, I would include all trips during that timeframe, then explain to the officer during your interview, and correct/amend your form if necessary.

 

I also have a friend who will likely run into similar question, he went from F visa (student) to GC via marriage, then recently applied for N400 (3 years rule), he travelled outside of US quite often within 2 years leading to his GC, while he was on F visa. I will update this post if I hear anything from him.

Edited October 13, 2022 by FlyingGreen

[Mike E 11,745]

8 hours ago, FlyingGreen said:

The information provided by the above 2 persons may or may not be correct.

I think I am correct.  There is one exception though: for people in the USA on a B status who file I-485, I would count that visit has physical presence. 

8 hours ago, FlyingGreen said:

 

I personally encountered similar issues during my N400 interview. To better explaining my situation, I have included my timeline below:

 

While on H1b non-immigrant visa:

 

H1-B is a non immigrant visa where the alien has a residence in USA. Same is true of an F-1, TN-1, and  others.  
 

A B visa is not a visa for living in the USA. 
 

8 hours ago, FlyingGreen said:

 

 .Now, I do not know how B visa will come into play. To be safe, I would include all trips during that timeframe, then explain to the officer during your interview, and correct/amend your form if necessary.

 

 

With a B visa:

 

* there is no residence in the  USA 

 

* most B visa holders spend the majority of their time outside the USA. Counting the time the alien spent outside the USA is going increase the probability of  in a calculation that results in more than 50 percent of physical presence outside the USA. 
 

Physical presence in the USA on a B visa does count toward physical presence needed to pass citizenship to children born outside the USA.