Question about N-400 (how to count number of days if I've been a resident for more than 3 years?)

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Pilar86

New Member
I could not apply for naturalization before because during my first year or so, I was outside the US for a long period of time (for a lot longer than 6 months but less than a year) so that is why I waited so that I would not have trips 6 months or longer in the past 3 years. If I apply on the basis of marriage to a USC for 3 years but I've been a permanent resident for over 4 years, do I have to include 4 years of travels outside the US on form N-400 or only the last 3 years? It is pretty confusing because it only talks about the 5-year requirement.

It could actually cause a problem because during my 4 years of permanent residency, I was outside the US for 19 months (this is cumulative only). I know the requirement is to spend at least 18 months in the US as a spouse of a citizen and I have much more than that already (29 months). I was outside the US for only 4 months in the past 3 years but before that, I was outside for 15 months (not continuously). How do I explain this on the N-400 at the list of trips? Do I have to list only the last 3 years? Since listing my first year would distort the number of days and trips, I would assume, they only want to see the last 3 years. Is this what they expect?
 
The N-400 asks for travel dates since becoming a LPR. However, your statutory period is last 3 years if you are applying on basis of 3 years of marriage to a USC, and therefore your continuous residency and physical presence is calculated during the last 3 years only.
 
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For part 7, don't list or count any trips that occurred before you became a PR. For part 7A and B, since you are applying with the 3-year rule, count the trips and days based on the last 3 years, not 5 years.
 
Number of days outside the USA

Hello Fellows.

I have more than 30 months of physical presence since becoming LPR but if I count from last 5 years then number of days outside the USA add up to 960. I am working for an American Company on approved N-470 and REP. How this will affect my application. Thank you for your help
 
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Sargodhian,
If you don't mind, can you please tell us in detail regarding applying for N470..What all documents did you have to provide? Was it very cumbersome for your American employer or was it straight forward? Also how long did it take for you to get the N470 approved?
Lastly, are you allowed to be in US for 3-4 months even while on N470? Your answers will help our situation. Please clarify..
Thank you!
 
JGD_USA,

My employer has a branch office that in Dubai that is supporting trade between USA and Middle East region. Before applying you need to make sure that you have uninterrupted one year of presence in the USA. As a proof my employer provided their tax documents and some financial details. It took more than 6 months to get the approval. I also applied re-entry permit which allows me to stay outside the USA for 2 years, however, I can come anytime as long as REP is valid. Let me know if you need any further information and good luck with your application.
 
sargodhian said:
JGD_USA,

My employer has a branch office that in Dubai that is supporting trade between USA and Middle East region. Before applying you need to make sure that you have uninterrupted one year of presence in the USA. As a proof my employer provided their tax documents and some financial details. It took more than 6 months to get the approval. I also applied re-entry permit which allows me to stay outside the USA for 2 years, however, I can come anytime as long as REP is valid. Let me know if you need any further information and good luck with your application.
Click to expand...
Thank you Sargodhian for your reply. :)..
I will have one year uninterrupted stay..But I had some questions..
1. My US employer privately owns my company (having 100+ employees in US), they do not have any branch office in my home country. They are planning to start distribution of their product in my home country (now can that be constituted as fostering trade?? they will still not open any new branch in my home country), but I will be working more on the software side (work from home)..IS that a problem?
2. Like I said earlier, the company that I will be working for is privately owned by my employer alone. It is not a "public" company. I presume my employer may not be interested in sharing his tax papers/financial details (like you said was shared in your case)..My question is, will everyone filing for N470 required to present these documents? MY immediate boss might be ready to give a letter and such though.. Also, if N470 is denied, is it like a black mark and can it hinder the citizenship process later??
3. Did you provide the company's tax documents and such, while filing your N470 itself, as proof? Or did USCIS ask you to provide more documents for proof and then you gave it?
4. Did you use a lawyer while filing for 470 or did you do it by yourself?
5. If you are continuing working for the same company, then can you renew your reentry permit for say 2 more years? In other words, is there any limit on the number of years you can stay out of US using N470?
Appreciate your response in this..thanks..:)
 
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JGD_USA,

I suggest you contact an immigration attorney. I am just like you. So cannot say what will happen in case it's denied. I file N-470 on my own and provided all the relevant documents. You can renew your reentry permit but will have to go back to USA for biometric.

Good Luck
 
Sargodhian,
Thanks a lot. Yep, I think we will have to check with a lawyer..But just one clarification - did you send the tax statements and financial details initially when you filed the N470? Did USCIS ask for any more details/documents later in the form of an RFE? Just curious to know your experience..

JackOLantern,
Thanks as always for the clarification..
 
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