Naturalization Form N-400

C

Courage Amega

New Member
Hi guys, hoping someone can really help me out here with this. So I have not left the US since my arrival in January 2016. Trying to fill the paper for form N-400 and the part 9 ask to list the number of days I have stayed outside of the US for 5 years. Since we are September 2019, does that mean I have to list the 2 years and 3 months that I wasn’t residing in the US as the days that I was out of the US? It also asks how many trips I have taken out of the US in the past 5 years, again only allowed in 2016?
 
Hi guys, hoping someone can really help me out here with this. So I have not left the US since my arrival in January 2016. Trying to fill the paper for form N-400 and the part 9 ask to list the number of days I have stayed outside of the US for 5 years. Since we are September 2019, does that mean I have to list the 2 years and 3 months that I wasn’t residing in the US as the days that I was out of the US? It also asks how many trips I have taken out of the US in the past 5 years, again only allowed in 2016?
 
Courage Amega said:
Hi guys, hoping someone can really help me out here with this. So I have not left the US since my arrival in January 2016. Trying to fill the paper for form N-400 and the part 9 ask to list the number of days I have stayed outside of the US for 5 years. Since we are September 2019, does that mean I have to list the 2 years and 3 months that I wasn’t residing in the US as the days that I was out of the US? It also asks how many trips I have taken out of the US in the past 5 years, again only allowed in 2016?
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Yup you'd have to list that .
My question is ,did you have a re entry permit ? For the 2+ years you were outside the US.
If not I wouldn't file for a n400 IO could see fit to put you in removal proceedings as it appears you abandoned you PR status by staying out for 2+years .
 
Courage Amega said:
Hi guys, hoping someone can really help me out here with this. So I have not left the US since my arrival in January 2016. Trying to fill the paper for form N-400 and the part 9 ask to list the number of days I have stayed outside of the US for 5 years. Since we are September 2019, does that mean I have to list the 2 years and 3 months that I wasn’t residing in the US as the days that I was out of the US? It also asks how many trips I have taken out of the US in the past 5 years, again only allowed in 2016?
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Can you clarify, are you filing on the 3-year rule based on marriage to a USC?
 
Based on post history, OP entered the US on a non-immigrant visa (was it a B2?) and married a USC immediately following US admission. That roughly calculates to filing n400 on the 3-yr rule.
 
Thanks guys and yes, it was a B2 visa with multiple entry. And I did not over stay or violate my stay since my entry. My status is legal, got visitors visa, came in and did my paper work for the temporal 2 year residence and just got my 10 year residency. Just wanted the clarification of if I needed to list the 2 years outside when I wasn’t in the US as part of the 5 years the form N-400 is requesting.
 
Courage Amega said:
Yes filing on the 3-year rule based on marriage to a USC
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Then you can ignore the part of the 5 years that pertains to the period before you received your green card. (You are calculating the 3 years from green card issue date and not from when you entered on your B visa, I presume?)

Courage Amega said:
Thanks guys and yes, it was a B2 visa with multiple entry. And I did not over stay or violate my stay since my entry. My status is legal, got visitors visa, came in and did my paper work for the temporal 2 year residence and just got my 10 year residency. Just wanted the clarification of if I needed to list the 2 years outside when I wasn’t in the US as part of the 5 years the form N-400 is requesting.
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Well that's a questionable statement as you clearly entered on a non-immigrant visa with immigrant intent if you married almost immediately, however lucky you, spouses of USC get forgiven intent; just pity your fellow countrymen who are more likely to be denied B visas the more people do what you did. That's another conversation of course.
 
I was listening to a recent community call recording by the immigration lawyer who hosts this website. He was very emphatic in stating that no one, repeat no one, should enter the US on a B2 visa with intent to apply for a green card. Applicants should always apply for an immigrant visa in their home country. Makes it that much harder for future B2 applicants who really just want to visit the US and then return home.

Wonder what is OP's home country.

Anyone going the 3-yr marriage to a USC route shouldn't have to fill in 5 years' worth if they chose the appropriate option at the form beginning.
 
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