N-400 "5 years back" questions when filing under the 3-year rule

[jkb11 26]

It's that time again when I have to resume my dealings with the beloved USCIS! As my eligibility window opens within a couple of days, I started filling out the N-400 form, and i'm puzzled. I will be filing under the 3-year rule, yet there are a bunch of questions asking for history 5 years back. Some of these questions are asked specifically to establish my eligibility, for instance, the "Time outside the United States" section. As an example, if I were to consider the whole 5 year period, I would have to report an exorbitant amount in the "total days" field. Plus, I don't even think one could qualify any travel before my K-1 entry as "trips outside the United States".

How did you, fellow 3-year rule filers, handle these questions about residence, work, and travel outside of the u.s.?

[Penguin_ie 5,993]

What I did is cross out the 5 and write in 3, and fill it in for 3 years (well, slightly more than 3 in my case as we didn't file exactly 90 days before the 3 years).

[jkb11 26]

Did you do that for all the 5 year questions, which are of employment, foreign travel, and residence histories?

[GrappleApple 10]

Thank you for putting this question up! I'm filling mine in now and completely stumped! Especially as I know they have all of my details for before my arrival.

[jkb11 26]

No problem, I'm curious as well. On one hand, crossing things out of the form doesn't sound legitimate, but on the other hand, I think they only care about the last 3 years in our cases. Anyhow, I would love to see others chime in as well!

[akihon 129]

I filed based on 3 years as well, but filled it out to 5 years. However, I've been in the US since 2007. I didn't make any big trips or have summer vacations after Dec 2010, which is where I filled out until.

Edited April 25, 2016 by akihon

[GrappleApple 10]

OK. I still think I'm just going for the 3 years. As there's no relevance to my UK employment, housing details etc. And seeing as someone has already used that route and been approved, but each to their own!

[Penguin_ie 5,993]

yeah I did all the questions for 3 years only.

[jkb11 26]

Thanks! I think I will put this on my cover letter that I have answered all the 5-year questions as 3-year questions.

[EM_Vandaveer 2,408]

I crossed the 5 years out & answered for the last 3 years as well.

[moemac59 192]

I gave them my information from the time I entered and resided in the US. I also filed based on the 3 yr rule. I had no problems with my application.

[jkb11 26]

Thanks guys! I've done the same, as in, I crossed out "5 years" and wrote in "3 years" instead in all of the related questions.

[ryna 132]

My wife filed under the 3 year rule but had been here for 5 years, 1 month when she filed (not all 5 as an LPR b/c it took 11 months to get her GC, so like 4-1/4 years as an LPR). For the 5 year history, she started counting from the day she left Colombia and arrived in the U.S. Doing so, she may have even listed the extra month beyond the 5 years since her arrival. I doubt it'll be a big deal either way.

[LHEtoNYC 4]

Great question...my wife's eligibility is a good 3 years away (since she just got her greencard) but I'm already starting to think about the N400.

I'm surprised this topic hasn't been discussed at greater length before; I've been doing some searches but haven't yielded any results.

jkb11 - I hope you'll keep us updated on any response from USCIS when they see your form; whether there was any feedback provided in their correspondence about the cross-outs you made (from "5" to "3" years) on your form.

Cheers!

[jkb11 26]

I'll definitely let you know!