3yr vs. 5y time frame in regards to employment, addresses, etc.?

[TasksGirl 0]

If your N-400 application is based on marriage to a U.S. citizen - should you use the 3yr instead of 5yr timeframe when filling out employment, time out of country, addresses, etc.? Even though the form asks for 5yr? The checklist for N-400 on VisaJourney says that you only need 3 yr tax transcript instead of 5yr so wondering if it applies to the other things like employment as well. I'm thinking it makes more sense to cross out the 5 and put 3 wherever it's applicable.. and only put jobs, addresses, etc. for only the 3 year time period since the Permanent Residency was granted. Because this is all they care about when naturalizing. Or is my logic flawed? What did the rest of you do?

Oh I should explain that the reason my husband has any information in the U.S. prior to the 3 years is because he was here illegally and we did the I-601 waiver. But he has been an LPR for almost 3 years.

Thanks! :-)

[TasksGirl 0]

Anyone?

[Kathryn41 3,205]

If your husband is filing for citizenship based upon eligibility through marriage to a US citizen (you), then he only needs to send in information related to the last 3 years. The form is multi-purpose and since the majority of citizenship applicants are applying based on 5 years as a permanent resident, the form is set up for that. The instructions clearly state, however, that if you are applying based upon marriage, you only need to submit 3 years worth of evidence and not 5.

When I applied I actually included 4 years of tax transcripts since I filed just after we filed our taxes and I received the most recent return right before I sent in the application so didn't bother to remove the earliest transcripts. At my interview, the interviewer actually handed me back the oldest transcripts and only kept 3 years worth.

So, your husband is only eligible right now to file under the 3 year category (hasn't been a PR for 5 years) so he will be completing the form based upon 3 years eligibility - and only needs to include 3 years wherever it says 5.I actually did cross out 5 and write in 3 where ever it said it just to ensure there was no confusion .

Edited June 18, 2011 by Kathryn41

[~PalmTreeGurl~ 154]

Again this is very good information. That was a question I was thinking about as well.

[TasksGirl 0]

Thank you!! That was very helpful.

[NickD 202]

This same question or poll, comes up quite frequently.

"How many total days did you spend outside of the United States during the past five years?" For us it was 404 days, so that is what we put down, such is the opinion of the American Board of Immigration Attorneys, they did manage to get rid of Emilo, a Cuban refugee that was put in charge of the USCIS, but Bush, because he helped him win the election, but perhaps not the best at changing a form in comprehensionable English.

My thoughts on this subject is to leave it blank and let your IO decide what to write in. Three acting directors of the USCIS since Emilio have failed to correct this messed up N-400 form. My honest immigration attorney didn't mind, without a messed up form, he wouldn't have a job. It was his opinion that changing the form is grounds for rejecting your application, while many have reported here doing so, haven't heard of any rejections due to that. Also welcome to the land of legal opinions, like 5 to 4 extremely important laws enacted in this country by opinions of the Supreme Court. Just opinions, not true hard facts. What you do write down in that little box is left up to the opinion of your IO, not even a board that you should actually see when applying for citizenship. Just one very biased person. In just about any other governmental agency you may have to deal with, deal with a board, not a single individual. Always an odd number, so if you can please the majority, you are in, always one stubborn hard head to deal with.

But at least the table underneath lets you write down all of your trips outside of the USA greater than 24 hours since becoming a LPR, but no space for a total number of days outside of the country. And that is what they want to know, even though they don't know how to ask that simple question.

No such question is asked for your residence nor employment history, just places and dates for the last five years. But you already did this for the G-325a! We just copied and pasted that unto the N-400 and updated it. That was no problem for us.

Easy way to work around this question is just to wait those five years. In my opinion, the entire jest of obtaining US citizenship, is not whether you will be a good citizen, but all of your personal involvement with your marriage. For my wife, that was about 99% of her interview, barely a minute was spend on that civics and English test. And we didn't really gain much in that three year, besides compiling a huge pile of marriage evidence. Still have to deal with her corrupt countries to maintain her foreign passport so she can visit her mom.

[Caroline and Phil 14]

I answered exactly as the form asked. How many days out of the country I counted 5 years. I don't think it would be right to change the form (in my opinion). On the other hand my friend based these questions on 3 years and had no problem whatsoever. Maybe it depends on the IO how whether he accepts the change or not. So to me, answering as it is makes more sense (although at the same time it doesn't lol).

[NickD 202]

I answered exactly as the form asked. How many days out of the country I counted 5 years. I don't think it would be right to change the form (in my opinion). On the other hand my friend based these questions on 3 years and had no problem whatsoever. Maybe it depends on the IO how whether he accepts the change or not. So to me, answering as it is makes more sense (although at the same time it doesn't lol).

After some serious thought on this subject, just did a hundred mile drive with nothing else to do. Since they are asking a five year question on a three year application, N/A seems to be the most appropriate answer. Not much different than putting down an N/A for the name of your previous spouse if you were never married before.

[TasksGirl 0]

Now I am even more confused! Anymore thoughts everyone??

[Caroline and Phil 14]

Now I am even more confused! Anymore thoughts everyone??

I answered as it was (5 years) and if they question me on interview I will just say that I was not sure if I could change the question on the form so I answered it as it was. So I don't think there's a right answer for this, just different opinions.

[NickD 202]

Best guess are imposed limits on the number of days you were out of the country since becoming a LPR. But you can only count those days backwards from the date of your application. And if applying 90 days early, actually only going back two years, and about nine months. You will be asked again how many days you were out of country between the time you sent in your application and interview, and again the time between your interview and oath ceremony. These are full 24 hour days, under 24 hours don't count.

We took the question literally and listed the days my wife was out of the country before coming here and adding that to the days she was out of the country between receiving her green card and the the date we put on the application going back a full five years, plus adding leap year days from the date we put on her application. No problems.

Others have crossed out the 5 and wrote in a 3, but that isn't accurate either if applying in two years and three months. And claimed to have no problems. The actual number they would plug in that blank would be the total number of days outside of the country as listed in the table below that. That is really the number they want to know, and can do that without crossing out that five or not.

Or just leave it blank and discuss this with your IO. Or if in no rush, just wait the five years that would also save you a ton of work compiling marriage evidence.

Its your choice.

[TasksGirl 0]

I think I may include a note instead of actually crossing out the number on the forms.. because some have said that can be bad..

Still not sure!! Sounds like people have been successful either way. Odd that they won't just make a correction to the form or 2 separate forms..

I asked a lawyer and they said you still need the information for 5 years because some of that information may be relevant to determining good moral character.. however I thought the statutory period for good moral character when applying through marriage was 3 years.

Thanks everyone!

[NickD 202]

I think I may include a note instead of actually crossing out the number on the forms.. because some have said that can be bad..

Still not sure!! Sounds like people have been successful either way. Odd that they won't just make a correction to the form or 2 separate forms..

I asked a lawyer and they said you still need the information for 5 years because some of that information may be relevant to determining good moral character.. however I thought the statutory period for good moral character when applying through marriage was 3 years.

Thanks everyone!

In the last 25 years, my wife had just two different jobs and two different addresses, so in effect, we went back 25 years on these issues. Her change of employment and address occured within that five year time frame. Others that had many different jobs and addresses that come here, really should have kept records.

Since she became a LPR and we applied for US citizenship 90 days before her 3rd green card anniversary, we made only two, two week yearly trips, so she could visit her family. We postponed our 3rd trip until after she received her citizenship. So filling out that section was real easy for us. But she did have to renew her foreign passport for those two trips, so had to bring in both her expired and new foreign passport. But for others that live across the street from Canada or are a world wide traveling salesperson, they have to keep a long list of records or have a photographic memory. What can you say to people like that, that don't keep records? Should have read the N-400 requirements on the day they received their green card, not three or five years afterwards.

But the USCIS does not tell you that.

[Caroline and Phil 14]

Best guess are imposed limits on the number of days you were out of the country since becoming a LPR. But you can only count those days backwards from the date of your application. And if applying 90 days early, actually only going back two years, and about nine months. You will be asked again how many days you were out of country between the time you sent in your application and interview, and again the time between your interview and oath ceremony. These are full 24 hour days, under 24 hours don't count.

We took the question literally and listed the days my wife was out of the country before coming here and adding that to the days she was out of the country between receiving her green card and the the date we put on the application going back a full five years, plus adding leap year days from the date we put on her application. No problems.

Others have crossed out the 5 and wrote in a 3, but that isn't accurate either if applying in two years and three months. And claimed to have no problems. The actual number they would plug in that blank would be the total number of days outside of the country as listed in the table below that. That is really the number they want to know, and can do that without crossing out that five or not.

Or just leave it blank and discuss this with your IO. Or if in no rush, just wait the five years that would also save you a ton of work compiling marriage evidence.

Its your choice.

So they ask us again on the interview and before oath ceremony? Glad to know this. I will remind myself to do the math on the day before going to the interview.