N-400 Part 7. HELP!

[BLA]

I've gained such great info from this site, I thought I'd sign up as a member to share my immigration experience with others. However, I'm stuck on something... Please help! I've had a good look around the forum and can't find the answer I'm looking for...

I'm filing my N-400 (Marriage based) and all is fine apart from Part 7.

A. How many total days did you spend outside of the United States during the past 5 years?

Well, my application is marriage based, so; I haven't been here permanently for 5 years.

I became a conditional permanent resident in Jan 2008, removed my conditions successfully, and became a permanent green card holder in Jan this year.
I have also been married for over 3 years.

However, if I answer the question truthfully, I've spent more than 6 months OUTSIDE of the USA in the last 5 years.

How do I answer this question?

I am within my 90 days to file.

Thanks so much!

[immihelp]

You answer for last 3 years.

[shopping0407]

yaaaaaah Be smart.........

[BigJoe5]

3 rules of 3 year

Naturalization based upon marriage to a U.S. citizen is found in Sec. 319(a) of the Immigration and Nationality Act (INA) [8 USC 1430(a)] allows you to naturalize after 3 years:

1.) of living in marital union with your USC spouse, provided that,

2.) your spouse was a citizen for the full three years, and

3.) you have been as a Lawful Permanent Resident (LPR) (all your Conditional time count).

BUT,

you can file 90 days ahead of completing your time as Lawful Permanent Resident THIS early filing applies only to your greencard requirement and NOT the other two. SEE 334(a) INA [8 USC 1445(a)] To play it safe, add 2 years, 9 months and 1 day to the date of your permanent residence status (it is on your card).

You still have to have lived in the current USCIS Office jurisdiction for three months upon the filing date.

Your requirements are almost all calculated from, your FILING DATE, the day that your application is date stamped received in the USCIS mailroom (unless your check bounces--don't let that happen, it can cause a nightmare by getting your case stuck in their computer system forever).

Your physical presence is the total amount of time spent in the U.S (includes, U.S territories and outlying possesions).

For the 3 year applicant, that means 18 months out of the previous 36 months calculated back from your filing date

Your continuous residence is broken by any single abscence from the United States for a total of six month up to a year. This creates a REBUTTABLE PRESUMPTION of a break in residence for naturalization puposes.

If you can prove that you did not intend to abandon your resident status in the U.S.:
---mantained residence in the U.S. (own a home, long term lease, long term rental.... NOT your cousin's basement or a Holiday Inn).
---remained with your U.S. employer (suppose you were a college professor on sebbatical or a research project or archaeological expedition and wiil be returning (and have returned) to your employment, that's OK.
---did not accept employment abroad from a foreign employer.
---your family remained in the U.S. and you returned to them.
---you get the picture.

HOWEVER, an abscence of one year or more AFFIRMATIVELY breaks residence for naturalization purposes. (There are a few rare exceptions but they apply to LPR's who are abroad on behalf of a U.S. employer, the U.S. Government or certain listed International Ogranizations, OR a religious person like a priest, minister, nun, rabbi, missionary or monk etc..)

WHEN A BREAK occurrs and cannot be rebutted or meet an exception, (be glad the Officer at the Port of Entry let you back in), the remedy is to wait 2 years and one day (for the 3 year applicant) or 4 years and one day (for the 5 year applicant) after returning to the U.S. to resume residing permanently before they may apply for naturalization.

The remedy is specifically given in connection to the one year break, but it is the ONLY remedy so it applies to both situations. That has been the case for decades.

Re-read that question, it is looking for any single long abscence of 6 months or more, NOT the total.

Good Luck, it's not as bad as you might have thought it was. Let us all know what happens.

Bye