Hi,

I have tentatively filled the N-400 form. I am filing based on marriage and have not left the country since becoming an LPR. I have also read the Guide to Naturalization, the FAQs and the pinned post as diligently as possible, but it is always possible to miss something.

Common sense would suggest that all questions in the N-400 relating to 5 years (place of residence, work and tracel) should be answered as relating to 3 years in marriage-based cases, but I have not seen any totally clear statement to this anywhere, neither on the USCIS site nor here (the pinned post strongly suggests it, but does not detail it).

So is my assumption correct?

Thank you!

If the questions ask for past 5 years it is best to answer them including places of residence from before you entered the country, including jobs, ect.. If they want past 5 years history, give them past 5 years history. It is best to give more than less.

They do understand the 3 year rule for a spouse of a us citizen, but 3 years is not being asked for on the form 5 is.

My wife answered the questions as asked and included a continuation sheet to explain all the days outside of the country in the last 5 years were before she arrived. The officer interviewing her looked at her passport and could see she hadn't been outside the U.S. since she arrive. No further questions on the matter.

In that case the information in the pinned thread would seem to be inaccurate.

To quote: "(for spouses of US Citizens filing under the "3 year" exception rule, change all "5 year" notes to 3 years)"

I did not "travel" to my previous country, I simply lived there before coming here. Travel from the US would mean a trip that starts and ends in the US.

Also, the form is there to establish residency since becoming an LPR.

Well okay, I will state a zero on those questions (because I have not taken any trips outside of the US and according to the instructions, they are asking about trips ) and carefully explain the situation in the cover letter.

Thank you!



I just think they actually mean 3 years for spouses, but aren't making it clear. It would not be the first ambiguous government. After all, this is to determine if someone fills the residence requirement, which is 3 years in this situation.

Anyway, I forgot to thank you earlier, so thank you!

I base my statement on the 'use 3 years, not 5" on the statements of people who know more than I do.
My husband followed the three year example in his successful application.

Here is one thread where an immigration attorney gives his strategy:
http://britishexpats.com/forum/showthread.php?t=226560&

"My wife is currently apply for citizenship based on marriage to me, an US citizen. I would like to know what should I put down under part 7 A of the N-400 form, which asks " How many total days did you spend outside of the United States during the past 5 years?". My wife has only been in the US for the last 3 years. Do I just anwer based on the 3 years, since she was still in her country the first 2 of the 5 years."

"Hi:

What **I** do is to cross out the reference to "five" and put in "three" by hand. Never had a problem."

Makes perfect sense to me. Rete and Folinsky should know their stuff from all the other posts I have read from them (and Mr. Travel trolling as always )

I guess I will just do that also then and put a short explanation in the cover letter. If they still want information about five years, I have that, too.

Thank you very much!

Sure.
We did everything on the 3 year rule too. T'was never mentioned.

Poor MrT. He never trolled that group, despite whoever it was that hates him SO much. He had a lot of good input back in the day.

I just remember somebody with that name or similar often being quite antagonistic. Sorry if I am wrong.