N-400 Questions: 3 years Vs 5, List of Evidences to Send

[qoqisha 1]

Hey folks,

I am working on filling out the naturalization form, eligible via the 3 year rule, and had a couple of questions.

Basic background: came to the US on an F-1 in 2002, H-1B status from 2008 through 2011, married to USC in 2010, AoS in 2011, LPR as of September 2011.

1) 3 year vs 5 year: On sections that relate to residence history, employment history, trips outside the US; should I try and cover 5 years or the 3 years since I became a LPR?

I know this question has been asked multiple times and I have read a lot of posts on this issue, but it seems like the questions were being asked by people who came to the US within the last 3 years prior to filing the N-400 and are wondering if they should also include information covering periods prior to their arrival to the US. I could not find a case where a poster was initially located in the US prior to becoming an LPR in regards to this issue and my apologies for asking a question that has been asked multiple times, just wanted to get your input as it relates to my situation.

I am inclined towards answering these questions based on a 3 year calculation and crossing out the 5/five and writing 3/three...or should I just go ahead and do it based on the last 5 years, even though I have not been a LPR 2 of those 5?

2) Evidence to include with application: I applied for ROC in July 2013 to VSC, case got transferred to CSC and I did not hear anything about my case for the next 8 months, then received one of those generic RFEs. I responded to the RFE and have not heard anything back since (almost a month now). I have read about other people's experiences who have successfully gone through the naturalization process while their I-751 was still pending and have decided to go ahead and file for naturalization since it has now been a full year of ROC process. I have posted in the July 2013 ROC filers thread regarding my initial evidence and RFE response.

My response to the RFE included several hundred pages of bank statement copies spanning the years. Should the evidence I send with the N-400 be limited or should I send everything in again?

Sorry for the long-winded post, I do appreciate all your suggestions

Edited July 21, 2014 by qoqisha

[Dave&Roza 748]

Hey folks,

I am working on filling out the naturalization form, eligible via the 3 year rule, and had a couple of questions.

Basic background: came to the US on an F-1 in 2002, H-1B status from 2008 through 2011, married to USC in 2010, AoS in 2011, LPR as of September 2011.

1) 3 year vs 5 year: On sections that relate to residence history, employment history, trips outside the US; should I try and cover 5 years or the 3 years since I became a LPR?

I know this question has been asked multiple times and I have read a lot of posts on this issue, but it seems like the questions were being asked by people who came to the US within the last 3 years prior to filing the N-400 and are wondering if they should also include information covering periods prior to their arrival to the US. I could not find a case where a poster was initially located in the US prior to becoming an LPR in regards to this issue and my apologies for asking a question that has been asked multiple times, just wanted to get your input as it relates to my situation.

I am inclined towards answering these questions based on a 3 year calculation and crossing out the 5/five and writing 3/three...or should I just go ahead and do it based on the last 5 years, even though I have not been a LPR 2 of those 5?

2) Evidence to include with application: I applied for ROC in July 2013 to VSC, case got transferred to CSC and I did not hear anything about my case for the next 8 months, then received one of those generic RFEs. I responded to the RFE and have not heard anything back since (almost a month now). I have read about other people's experiences who have successfully gone through the naturalization process while their I-751 was still pending and have decided to go ahead and file for naturalization since it has now been a full year of ROC process. I have posted in the July 2013 ROC filers thread regarding my initial evidence and RFE response.

My response to the RFE included several hundred pages of bank statement copies spanning the years. Should the evidence I send with the N-400 be limited or should I send everything in again?

Sorry for the long-winded post, I do appreciate all your suggestions

If you plan to file for Naturalization in 2014, you have only been a LPR for 3 years. For the 3 year rule, you will need to provide more relationship evidence as well as meeting the residency and physical presence requirements. For the 5 years rule as a LPR, you just need to show you have been a LPR for the last 5 years and meet all the residency and physical presence requirements. Since you have been a LPR for only 3 years you need to show that you meet the requirements for being a LPR for 3 years.

You complete the form using three years for the LPR part, but where it asks for employment and residence history for the last 5 years you put down that information and I would only put down time outside the US for the last three years as that is what counts for your situation. I would send in all evidence you already sent. You may want to give every quarter for statements that span the time period from marriage to the current date. They will want to see that your relationship is bona fide as that is the basis for your naturalization.

Good luck,

Dave

[qoqisha 1]

Thank you for the reply Dave. Wouldn't the 'inconsistency' in listing past 5 years of residence and employment history but limiting physical presence history to 3 years create problems?

[Dave&Roza 748]

Thank you for the reply Dave. Wouldn't the 'inconsistency' in listing past 5 years of residence and employment history but limiting physical presence history to 3 years create problems?

No because those questions specifically ask for places lived for the last 5 years and employment for the last 5 years. For my wife that is in Kazakhstan for 2 of those years--it just happens she lived and worked at the same place for 10 years do it is easy to complete that part. The important part is 3 years married to a USC, 3 years as a LPR the USC has been a citizen for at least 3 years, you have spent more time in the US than out for the last 3 years and no trip lasted longer than 6 months. Then you need to provide relationship evidence covering the entire marriage.

Dave

[dkny2422 0]

On 7/21/2014 at 4:06 PM, qoqisha said:

Hey folks,

I am working on filling out the naturalization form, eligible via the 3 year rule, and had a couple of questions.

Basic background: came to the US on an F-1 in 2002, H-1B status from 2008 through 2011, married to USC in 2010, AoS in 2011, LPR as of September 2011.

1) 3 year vs 5 year: On sections that relate to residence history, employment history, trips outside the US; should I try and cover 5 years or the 3 years since I became a LPR?

I know this question has been asked multiple times and I have read a lot of posts on this issue, but it seems like the questions were being asked by people who came to the US within the last 3 years prior to filing the N-400 and are wondering if they should also include information covering periods prior to their arrival to the US. I could not find a case where a poster was initially located in the US prior to becoming an LPR in regards to this issue and my apologies for asking a question that has been asked multiple times, just wanted to get your input as it relates to my situation.

I am inclined towards answering these questions based on a 3 year calculation and crossing out the 5/five and writing 3/three...or should I just go ahead and do it based on the last 5 years, even though I have not been a LPR 2 of those 5?

2) Evidence to include with application: I applied for ROC in July 2013 to VSC, case got transferred to CSC and I did not hear anything about my case for the next 8 months, then received one of those generic RFEs. I responded to the RFE and have not heard anything back since (almost a month now). I have read about other people's experiences who have successfully gone through the naturalization process while their I-751 was still pending and have decided to go ahead and file for naturalization since it has now been a full year of ROC process. I have posted in the July 2013 ROC filers thread regarding my initial evidence and RFE response.

My response to the RFE included several hundred pages of bank statement copies spanning the years. Should the evidence I send with the N-400 be limited or should I send everything in again?

Sorry for the long-winded post, I do appreciate all your suggestions

Hello qoqisha, I know its been 3 years since you posted this question, but I am wondering what you ended up doing for your application, since I am in almost similar situation. When you filed based on 3 year rule, did you put more than 3 years (including H1B and LPR) or just the 3 years as LPR?

 

Thanks in advance!

[Ontarkie 13,898]

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