N400 Part 7 - Filing Under 3-Year Eligibility Rule

[Loobzer]

I haven't been able to find any details for this specific question in any of the existing threads, so I hope someone here will be able to answer.

My wife is filing her N-400 this week as soon as we know how to proceed on this question. She is basing her eligibility on being an LPR for the last 3 years and being married to me, a US citizen by birth. She has been an LPR here in the US since November 20, 2005, and we are just now within the 90 day window of that date and can apply. Prior to November 20, 2005, we both lived and worked in Hong Kong which is where we met and were married in 2004.

Our problem with the N-400 is Part 7. The first two questions ask for the number of days and number of trips outside the US in the last FIVE YEARS. My wife has only been living in the US for the last 3 years however. Since she became an LPR in Nov 2005, she has only been out of the US for 40 days on 2 separate trips, which is fine. But based on the entirety of the last five years (including two years of which we resided in Hong Kong), she will have been outside of the US over 700 days!

The third part of Part 7 asks for the dates of each trip outside the US, but ONLY since she became an LPR, which is fine. This apparently is where she will demonstrate that her time outside the US has been minimal in the last 3 years.

Are the first two questions just worded poorly? For those applying based on 3 year eligibility, does the USCIS really only want to know how many days and trips she's had outside the US for the last THREE years, or do we really need to put the amount for the last FIVE years, even though only the last three years are relevant to her application?

Our current plan is to put the numbers for just the last 3 years, and include an attachment explaining more or less what I've just written above along with the actual numbers of days and trips outside the US for all five years just in case they really do want those numbers.

Any thoughts or suggestions on this dilemma would be GREATLY appreciated!

[ucheojo1]

reply

If you are working for a company (US company) or US Govt in HK, then she is eligible, but my advise is for yu to make an appointment @ the U.S. consulate in HK and speak to an Immigration Officer.

I know u will have to still detail those days she spent overseas.

And also while she was overseas, did you guys file US Taxes jointly?

It seems complicated, but you need to readthe guide on USCIS.gov and read the citizenship eligibilty to understand.

But without fail, go to the consulate (If you are still in HK) or USCIS office an
speak to an Immigration Officer. They will help you greatly.

[Loobzer]

Thanks for the suggestions. No, we are no longer in Hong Kong. We moved to the US from HK as soon as my wife got her immigrant visa. We've been living in the US (Colorado) since November 20, 2005. She will have 3 years residency here as of Nov 20 this year. In the past 3 years she has only left the country twice for a grand total of 40 days. It is the two years prior to Nov 20, 2005 that we are wondering if the N-400 requires info on.

Yes we did file US taxes for the year 2005 jointly since we were in HK for 11 months of that year.

I have read the USCIS guide to Naturalization quite thoroughly and my wife is indeed eligible to apply for naturalization at this point. We are really seeking advice as to how to fill out part 7 given our situation described above.

[ufn2738]

N400 Part 7 - Filing Under 3-Year Eligibility Rule

I'm in the same situation. My wife has been a LPR for three years and has only been in the US for about 4 years. I came across the requirement below for spouses of US Citizens for their physical presence in the US, however I'm still unclear as to what I need to put at the number of days outside the US in the past 5 years. Did you complete your wife's N-400 yet and if so what did you put as the number of days in there, and did the US-CIS accept the application? Thanks in advance for any assistance!

Be present in the U.S. for at least 30
months out of the past 5 years (or
18 months out of the past 3 years if
married to and living with a U.S.
citizen).

[ufn2738]

N400 Part 7 - Filing Under 3-Year Eligibility Rule

I'm in the same situation. My wife has been a LPR for three years and has only been in the US for about 4 years. I came across the requirement below for spouses of US Citizens for their physical presence in the US, however I'm still unclear as to what I need to put at the number of days outside the US in the past 5 years. Did you complete your wife's N-400 yet and if so what did you put as the number of days in there, and did the US-CIS accept the application? Thanks in advance for any assistance!

Be present in the U.S. for at least 30
months out of the past 5 years (or
18 months out of the past 3 years if
married to and living with a U.S.
citizen).

[Loobzer]

Hi. Yes, we did complete and submit my wife's N400 shortly after originally posting here, and it was accepted without a problem. The form is poorly worded in part 7, questions A & B. The last words of both of these questions SHOULD read something like "...during the past five years (or 3 years if filing under the 3 year rule of eligibility)".

In any case, my wife is scheduled to take her oath next week in fact, and we will finally be done. Here is what we did for the form:

For Part 7, Question A - Entered the total days spent outside the US during the past THREE years, not five. When you print this page, cross out the word "five" and write in the word "three".

For Part 7, Question B - Entered the number of trips taken outside the US during the past THREE years, not five. When you print this page, cross out the word "Five" and write in the word "three".

For Part 7, Question C - Entered all the trips taken outside the US since becoming an LPR (i.e., in the last three years, not five).

Provided you have selected option B under Part 2, USCIS understands you are applying under the 3 year rule of eligibility, and is expecting these questions to be answered on that basis. Its a shame that the form itself creates unnecessary confusion in this regard, but there you go.

Best of luck!


Timeline:
2008.08.29 - Submitted N-400 Application
2008.09.02 - N-400 application received by USCIS
2008.09.06 - Received N-400 application receipt from USCIS
2008.09.12 - Application returned for incorrect date on newest green card
2008.09.16 - InfoPass appointment in Denver at 12:45
2008.09.17 - Re-Submitted N-400 application with additional documentation explaining green card date is wrong (including copies of old & new green cards and receipts showing original entry date to US)
2008.10.01 - Receipt and Transfer Notice sent out (based on date stamp)
2008.10.06 - Fingerprint Notification sent out (based on date stamp)
2008.10.07 - Received Receipt and Transfer Notice
2008.10.08 - Received Fingerprint Notification
2008.10.25 - Fingerprints taken in Aurora office on Colfax, FP notification stamped.
2008.11.24 - Request for Initial Interview Notice sent out (based on date stamp)
2008.11.26 - Request for Initial Interview Notice received
2009.01.05 - Initial Interview, Passed test "with flying colors"
2009.01.29 - N-445 Notice of Naturalization Oath Ceremony sent out (based on date stamp)
2009.01.30 - Received N-445, Notice of Naturalization Oath Ceremony
2009.02.18 - Oath Ceremony
2009.02.19 - Passport Application submitted

[vaneluma_07]

Mgs

I'm hoping that someone can help me figure this out. I'm in a similar situation. My wife has been a LPR for over 19 years and when she first became an LPR we lived in Mexico for several years. We've lived in the USA now for over 11 years and she qualifies for the 3 yr. married to me a US Citizen from birth. My question is, do we need to fill out Part 7C. since she became an LPR, we travel to Mexico constantly and many times spend the weekends there with family or even a week but we have never kept track of our visits. How should we fill this section out? Thank you in advanced for any and all responses.

[nwctzn]

I'm hoping that someone can help me figure this out. I'm in a similar situation. My wife has been a LPR for over 19 years and when she first became an LPR we lived in Mexico for several years. We've lived in the USA now for over 11 years and she qualifies for the 3 yr. married to me a US Citizen from birth. My question is, do we need to fill out Part 7C. since she became an LPR, we travel to Mexico constantly and many times spend the weekends there with family or even a week but we have never kept track of our visits. How should we fill this section out? Thank you in advanced for any and all responses.

From what I understand from the responses here is that you need to fill out part 7C and include the trips only for the last 3 years and not all trips since she became an LPR. Check the entry/exit stamps in her passport to find the dates and if you cannot locate all stamps make your best guess. USCIS just wants to make sure that she did not take a single trip lasting longer than 6 months and that she was in the US for at least half of the last 3 years. If you are still not certain how to fill this out or would like to double-check I think it is OK to schedule an Infopass appointment with your local USCIS office and ask an agent in person.

One additional note: It looks like your wife is also eligible under the 5-year rule and I read that some people prefer to apply under that basis since it typically requires less documents and the interview is typically smoother than the interviews for marriage-based applications. I would do some research on this and then decide whether to apply on the 5-year LPR rule, or 3-year marriage rule.

[vaneluma_07]

Thank you so much for the response, this gives me other options and takes some stress off my shoulders. I didn't want to fill this part out incorrectly and have it be the cause of a denial.

[marcnadal]

Naturalization N400 part 7 (3 or 5 years )

Hi. Yes, we did complete and submit my wife's N400 shortly after originally posting here, and it was accepted without a problem. The form is poorly worded in part 7, questions A & B. The last words of both of these questions SHOULD read something like "...during the past five years (or 3 years if filing under the 3 year rule of eligibility)".

In any case, my wife is scheduled to take her oath next week in fact, and we will finally be done. Here is what we did for the form:

For Part 7, Question A - Entered the total days spent outside the US during the past THREE years, not five. When you print this page, cross out the word "five" and write in the word "three".

For Part 7, Question B - Entered the number of trips taken outside the US during the past THREE years, not five. When you print this page, cross out the word "Five" and write in the word "three".

For Part 7, Question C - Entered all the trips taken outside the US since becoming an LPR (i.e., in the last three years, not five).

Provided you have selected option B under Part 2, USCIS understands you are applying under the 3 year rule of eligibility, and is expecting these questions to be answered on that basis. Its a shame that the form itself creates unnecessary confusion in this regard, but there you go.

Best of luck!


Timeline:
2008.08.29 - Submitted N-400 Application
2008.09.02 - N-400 application received by USCIS
2008.09.06 - Received N-400 application receipt from USCIS
2008.09.12 - Application returned for incorrect date on newest green card
2008.09.16 - InfoPass appointment in Denver at 12:45
2008.09.17 - Re-Submitted N-400 application with additional documentation explaining green card date is wrong (including copies of old & new green cards and receipts showing original entry date to US)
2008.10.01 - Receipt and Transfer Notice sent out (based on date stamp)
2008.10.06 - Fingerprint Notification sent out (based on date stamp)
2008.10.07 - Received Receipt and Transfer Notice
2008.10.08 - Received Fingerprint Notification
2008.10.25 - Fingerprints taken in Aurora office on Colfax, FP notification stamped.
2008.11.24 - Request for Initial Interview Notice sent out (based on date stamp)
2008.11.26 - Request for Initial Interview Notice received
2009.01.05 - Initial Interview, Passed test "with flying colors"
2009.01.29 - N-445 Notice of Naturalization Oath Ceremony sent out (based on date stamp)
2009.01.30 - Received N-445, Notice of Naturalization Oath Ceremony
2009.02.18 - Oath Ceremony
2009.02.19 - Passport Application submitted

All the best and congrats to you

My status is that i got my GC from my marriage to a USC for more than 8 years. My LPR status started on July 2009, since then i had two trips for more than six months( in addition to other 4 trips that were less than 6 months) i re-entered after the second long trip on 04-26-12 and i did not disrupt my residence( my physical presence is ok ), so as married to. a USC do you guys think that
1 - i can apply benefiting from the rule 2years + 1 day ( which will be on 04-27-14 )
2- And in N400 part 7, will it be ok to list my trips outside the US for the last 3 years ( although i had been a GC holder for 4 and a half year )
3 - i know that i disrupted the continuous residence for two times, in case i can not present evidences and justifications for my long absences, will the IO make an issue and insist on that or as i only delayed my application will be enough.
Thanks for all