The 3-year rule

[Sofitalian 134]

Hi everyone,

 

For the 3-year rule "the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years":

- Does it allow if I (LPR) travel outside the country but my spouse (US citizen) doesn't come with me during those short vacations? We're talking about 1-2 weeks each time.

- For the supporting evidence, e.g. Joint bank account - does it need to be from day 1 of the 3-year period? We only changed our bank accounts to joint accounts maybe a year after I got my GC and moved to US. But we have filed tax jointly ever since I had my GC.

 

[Mike E 11,739]

4 minutes ago, mave said:

 ":

- Does it allow if I (LPR) travel outside the country but my spouse (US citizen) doesn't come with me during those short vacations? We're talking about 1-2 weeks each time.

1. How many of these vacations in the 3 year union?

 

 2. Who are you traveling with on these vacations?

4 minutes ago, mave said:

- For the supporting evidence, e.g. Joint bank account - does it need to be from day 1 of the 3-year period? We only changed our bank accounts to joint accounts maybe a year after I got my GC and moved to US. But we have filed tax jointly ever since I had my GC.

 

This will depend on the ISO adjudicating your case.  Each case is examined for looking at the total evidence. Some cases can be weaker in one area and stronger in another and still get approved 

[Sofitalian 134]

Just now, Mike E said:

1. How many of these vacations in the 3 year union?

I haven't met the 3 years yet so this question is for my planning. So far I had 2 vacations.

 

Just now, Mike E said:

 2. Who are you traveling with on these vacations?

This will depend on the ISO adjudicating your case.  Each case is examined for looking at the total evidence. Some cases can be weaker in one area and stronger in another and still get approved 

I travelled by myself to visit my family in Canada.

[Mike E 11,739]

5 minutes ago, mave said:

I haven't met the 3 years yet so this question is for my planning. So far I had 2 vacations.

Your timeline says  I-130 was filed in 2018. So 2-4 weeks of separation from your spouse over 4 years or more is not likely to cause a denial.  

5 minutes ago, mave said:

 

I travelled by myself to visit my family in Canada.

Good.  
 

I don’t see any problems if the current pattern is maintained 

[Sofitalian 134]

1 minute ago, Mike E said:

Your timeline says  I-130 was filed in 2018. So 2-4 weeks of separation from your spouse over 4 years or more is not likely to cause a denial.  

Good.  
 

I don’t see any problems if the current pattern is maintained 

Thanks @Mike E Actually we've been married and lived outside US for some years. Then my USC spouse moved back to US while I was waiting for the IR-1 visa. So we didn't live together for a few years back (I did visit with him). But if I start to plan on filing N-400 using the 3-year rule (I got my GC in Oct 2020 and have lived in the US with my spouse ever since, except for the short vacations I mentioned above). If I file in Oct 2023, between now and then, I may still go to visit my family outside US (1-2 weeks). 

[Dashinka 24,488]

1 hour ago, mave said:

Thanks @Mike E Actually we've been married and lived outside US for some years. Then my USC spouse moved back to US while I was waiting for the IR-1 visa. So we didn't live together for a few years back (I did visit with him). But if I start to plan on filing N-400 using the 3-year rule (I got my GC in Oct 2020 and have lived in the US with my spouse ever since, except for the short vacations I mentioned above). If I file in Oct 2023, between now and then, I may still go to visit my family outside US (1-2 weeks). 

You should be fine.  My wife made two trips to go back and visit her family every year after she got her GC (one by herself, and one where I joined her), and she had no issues.

 

Good Luck!

[Lil bear 4,189]

2 hours ago, mave said:

Thanks @Mike E Actually we've been married and lived outside US for some years. Then my USC spouse moved back to US while I was waiting for the IR-1 visa. So we didn't live together for a few years back (I did visit with him). But if I start to plan on filing N-400 using the 3-year rule (I got my GC in Oct 2020 and have lived in the US with my spouse ever since, except for the short vacations I mentioned above). If I file in Oct 2023, between now and then, I may still go to visit my family outside US (1-2 weeks). 

The requirements are easy to work through 

1.Inside the US for at least 18 months of the 3 yr period

2.No trip more than 180 days

3. Maintained residency as an LPR 

 

1 and 2 are easy counting. 3 is more subjective sometimes but the circumstances as you described di not appear to raise any red flags 

 

I naturalized under the 5 yr rule.. I had around 13 trips out of the country.. most visiting my elderly parents in Australia but several vacations elsewhere.. .. and there was no question whatsoever re maintaining residency. My trips were between 1 week and 7 weeks long and there were 5 in one 12 month period due to my parents declining health.  You will be fine. Keep visiting. 😁

 

 

[Sofitalian 134]

Thanks for sharing your experiences. That's good to hear. Since there's only 11 more months to go, I'm leaning towards filing under the 3 yr rule.

[Sofitalian 134]

Hi VJ members,

 

To file based on the 3-year marriage rule, should I only list the past 3 years' info for:

- address

- work history

- travel outside US

 

My USC husband and I have been married for much longer than 3 years, but he's been back to US before I became a LPR. I had trips to US visiting him if I list out the travels outside US in the past 5 years (which also means that those trips would be more than 6 months "travel outside US").

 

I have no issues putting the addresses and work history for the past 5 years (including those before I became LPR), but if I file electronically and only list travels in the past 3 years, will that be the way to go? 

 

Anyone who has the latest experience like this? Thanks.

[Chancy 6,241]

7 minutes ago, mave said:

To file based on the 3-year marriage rule, should I only list the past 3 years' info for:

- address

- work history

- travel outside US

 

If you have less than 5 years as LPR, provide the info from the "Resident Since" date on your green card.  Any address/work/travel history before that date is irrelevant for naturalization.

 

[Sofitalian 134]

3 hours ago, Chancy said:

 

If you have less than 5 years as LPR, provide the info from the "Resident Since" date on your green card.  Any address/work/travel history before that date is irrelevant for naturalization.

 

Thanks for your advice. 

 

Another question - I'm planning to file at the end of July (about a week after my window opens). If I travel outside US in early July for about a week, it won't jeopardize my residential status in this State, right? I've been living in the same address and same State since I became a LPR.

[Mike E 11,739]

20 minutes ago, mave said:

 If I travel outside US in early July for about a week, it won't jeopardize my residential status in this State, right?

One week will not jeopardize your 3 month residency requirement. 7 weeks will.

[Sofitalian 134]

Tnanks @Mike E for your response.