Jump to content
Sign in to follow this  
Scott & Lai

Time Outside the US

4 posts in this topic

Recommended Posts

Question for those who have filed their N-400:

Part 7: Time outside the United States, Question A, asks how many total days you spent outside the U.S. during the past 5 years. Since Lai arrived in September of 2004, one of those 5 years was spent in Hong Kong. Should I:

A: Assume the people at USCIS are capapble of figuring out that the five years on the form doesn't apply to Lai, considering she only needs to have been here three years for citizenship due to marriage.

B: Assume the people at USCIS are idiots B) and include the year spent in Hong Kong.

??


Scott - So. California, Lai - Hong Kong

3dflagsdotcom_usa_2fagm.gif3dflagsdotcom_chchk_2fagm.gif

Our timeline:

http://www.visajourney.com/forums/index.php?showuser=1032

Our Photos

http://www.amazon.ofoto.com/I.jsp?c=7mj8fg...=0&y=x7fhak

http://www.amazon.ofoto.com/BrowsePhotos.j...z8zadq&Ux=1

Optimist: "The glass is half full."

Pessimist: "The glass is half empty."

Scott: "I didn't order this!!!"

"Where you go I will go, and where you stay I will stay. Your people will be my people and your God my God." - Ruth 1:16

"Losing faith in Humanity, one person at a time."

"Do not put your trust in princes, in mortal men, who cannot save." - Ps 146:3

cool.gif

IMG_6283c.jpg

Vicky >^..^< She came, she loved, and was loved. 1989-07/07/2007

Share this post


Link to post
Share on other sites
Question for those who have filed their N-400:

Part 7: Time outside the United States, Question A, asks how many total days you spent outside the U.S. during the past 5 years. Since Lai arrived in September of 2004, one of those 5 years was spent in Hong Kong. Should I:

A: Assume the people at USCIS are capapble of figuring out that the five years on the form doesn't apply to Lai, considering she only needs to have been here three years for citizenship due to marriage.

B: Assume the people at USCIS are idiots B) and include the year spent in Hong Kong.

??

I answered that question exactly the way it was asked, but wife's interviewer said it should have been answered as the number of days she was out of the country as a permanent resident. Wife simply responded, then why didn't they ask that question that way? Her interview scratched out the 400 days we put in and wrote in exactly the days she was out of the country as a LPR. Ddin't respond to her question, and went on to the next part.

According to her interviewer, she should have added the number of days under the listed trips outside and wrote that sum in that box, but the question doesn't ask that. Still feel it's improper to change the question on the form, some have crossed out the five and made it a three, question should read, how many days were you out of the country since becoming a lawful permanent resident? If that is the answer they want.

Share this post


Link to post
Share on other sites

Yes it's since being a Permenant Resident. If she was out a year while she was a PR then there are serious issues, if it was before her PR (but say 4 years ago) she's fine...


I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

Share this post


Link to post
Share on other sites

Yep, you'll be ok either assuming the USCIS folks are competent or assuming they're idiots, as long as you don't lie or mislead.

A few years ago, a couple of attorneys recommended that you scratch out the "five" and write "three", and then answer the question based on three years. That's what we did, and had no problems.

If you take it literally and answer for five years, it won't be a problem, except they'll have to use the dates of travel you give and calculate a new answer based on three years. When you're applying based on 3 years married to a US Citizen, the legal requirement concerns three years, so one way or another, the officer will have to determine how many days you've been out of the US within the past three years.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×