N-400 questions (Merged)

[Mr Trav 15]

Hello all

I've looked through the n400 instructions but am still unsure. 

 

So my wife arrived here in December 2020 from Philippines and automatically got her permanent residency based on marriage. She qualifies for the 3 years. 

 

So my questions...

We are filing now and am unsure how to answer her 5 years residency. So essentially she lived back in Philippines from say June 1 2018 to Dec 10 2020 then arrived here. Ok. So do I still put down for the 5 years "December 24th (5 years from today) 2018 to the date she left the Philippines? Or what? I'm confused. Or just do the last 3 years? Help is appreciated. 

 

Also...

I'm not counting a closed loop  cruise from Florida as our passports were not stamped. 

 

 

 

 

Edited January 2 by Crazy Cat

[Pinkrlion 2,715]

Her 3 years are from the date on her green card not when she arrived in the US. 

[JeanneAdil 6,485]

Form I-551, Permanent Resident Card (Green Card)

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/130-acceptable-documents-for-verifying-employment-authorization-and-identity/131-list-a-documents-that-establish-identity-and-employment-authorization

 

Date of the actual card u receive in the mail should have POS date and USCIS considers the I 551 stamp temporary green card 

 

Adil arrived September  5th 2015 and applied late  Late June 2018

Edited December 24, 2023 by JeanneAdil

[Mr Trav 15]

Ok so I'm a tad confused, sorry. Ok the date on her card is dec 12, 2020.we are filing now based on marriage. 

 

So under 5 years of her address history do I list going back the full 5? Or just 3? Based on 5 it shows like 2 full years in Philippines. 

 

 

Also...if I base it on 5 years...do I actually put down "dec 24 2018" as the start of her 5 years.....even though she was in Manila for a while before that?

 

I cannot find clear information anywhere. 

[Timona 4,207]

5 years...the US + Philippines part

[Mr Trav 15]

Thanks to all the help. Another question...

 

So for the first day in the USA I put down was dec 12 2020. Same date on her card and passport as she was IR1. please correct me if I'm wrong. 

 

We took one trip out of the USA to visit her family in Manila. Departed USA on 6/4/23 and landed in California on 6/26. How do we count those days? 

 

Thank you 

[Crazy Cat 41,772]

***Same case questions merged into a single thread****

Edited December 24, 2023 by Crazy Cat

[Crazy Cat 41,772]

38 minutes ago, Mr Trav said:

We took one trip out of the USA to visit her family in Manila. Departed USA on 6/4/23 and landed in California on 6/26. How do we count those days? 

My calculations say 21 since they want 24 hour days.  That means the day of departure and the day of arrival back in the US are not counted as outside the US. I think the online N-400 application counts them for you.

Chapter 4 - Physical Presence | USCIS

"USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.^[3]"

[Timona 4,207]

First day in US is the morning she actually woke up in US. Basically, if she landed here at 8am, 12pm, 9pm etc, that's not US.

 

The day before that is the Philippines part...

[Lil bear 4,181]

1 hour ago, Timona said:

First day in US is the morning she actually woke up in US. Basically, if she landed here at 8am, 12pm, 9pm etc, that's not US.

 

The day before that is the Philippines part...

Incorrect. As per the Instructions for this form and others which require declaration of “ time out of the country” , days when you spent even 1 minute inside the US are days spent in the US not outside 

 

eg arriving flight lands at 11 pm .. Dec 20.. That day is considered to have been spent in the US 

 

departing flight leaves at 1 am Dec 20.. That day is also considered spent in the US 

 

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

https://www.uscis.gov › volume-12-...

 

Chapter 4 - Physical Presence - USCIS

 

 

 

 

 

 

Edited December 24, 2023 by Lil bear

[Mr Trav 15]

Lil bear...that is my nickname for my wife lol. 

[Timona 4,207]

USCIS only counts full 24 hours. The very reason for this is because people end up in in 2 places on the same 24 hour time frame. So, since a day is 24 hours, where will you put it? In both? No. If I arrive in US at 11pm, I'll put that under the foreign country. Doing that provides a fluid continuity. 

 

I went to Mexico for less than a day. I didn't put it, per N400 instructions. 

 

For other days, eg arrived here 4pm on 12/12/12, I put that under foreign country. 12/13/12 was my start in US, just because you can't divide the 24 hour period. 

 

 

 

[Mr Trav 15]

So my wife is filling her n400 out. We are basing it on marriage. She moved to USA as permanent resident on 12/1/20. Filing now. 

 

But its asking under part 9 time outside the USA in last 5 years. 

Do we really include the time she lived in Manila before getting her spousal visa approved? We are basing 5 years from 1/1/2019.

 

Thanks 

[Crazy Cat 41,772]

***Another new topic merged***  @Mr Trav, Please keep questions concerning this case to this thread***

Edited January 2 by Crazy Cat