N400 form question

[Alice 0]

I am filling N400 form based on INS 319(b).

And I am very frustrated with the form N400 PART 6.

How to answer on these questions ?

Where have you lived for last five years ?

And trips outside USA for last five years ?

How I should count these trips as I am a Permanent resident less than 5 years . Or I should count trips only since I became a GC holder ?

And one more question regarding tax documents .

US CIS site says : Tax returns OR IRS tax receipts > I am completely confused .

I have tax returnes in my computer , and I can just print it out and send ? Should it be enough or I still need to request from IRS tax return transcripts ?

Please help !!!!

[v333k 59]

Yes - all the references to 5 years apply to you based on 3 years (or since you became a LPR). Bad documentation.

Yes - you can send in copies of your tax returns - that's what we did and that's what many people did... just make sure you sign them after you print them.

[Alice 0]

THANK YOU !!

[Penguin_ie 5,986]

I crossed out the 5 and wrote in 3.

I called for the tax transcripts- they are free, so I figured it might be better as the staff will be familiar with what they look like.

[Jessica24 3]

I would suggest that you get the transcripts from the IRS and submit them, instead of taking print outs form your computer. I think that is what is expected from the applicants.

[NickD 202]

I am filling N400 form based on INS 319(b).

And I am very frustrated with the form N400 PART 6.

How to answer on these questions ?

Where have you lived for last five years ?

And trips outside USA for last five years ?

How I should count these trips as I am a Permanent resident less than 5 years . Or I should count trips only since I became a GC holder ?

And one more question regarding tax documents .

US CIS site says : Tax returns OR IRS tax receipts > I am completely confused .

I have tax returnes in my computer , and I can just print it out and send ? Should it be enough or I still need to request from IRS tax return transcripts ?

Please help !!!!

You must be referring to INA 319(B)

"INA 319(b) Expedited Naturalization If you are married to a US citizen working for certain organizations overseas, you may be able to naturalize without having resided at all in the United States. This is sometimes called “expedited” naturalization and is authorized under section 319(b) of the Immigration and Nationality Act.

The purpose of INA section 319(b) is to allow people to reside abroad with their USC spouses. Without the law, legal permanent residents might abandon their permanent residence by spending too much time out of the country, or their USC spouses might be deterred from working overseas in the US interest.

319(b) Requirements

To qualify:

1. You must be a legal permanent resident married to a US citizen.

2. Your spouse must work for one of the following organizations:

• the United States Government
• an American institution of research recognized by the Attorney General
• an American firm or corporation engaged in foreign trade or commerce, or a subsidiary thereof
• a public international organization, such as the United Nations or subsidiary body

or, must work as

• a minister or missionary of a religious denomination having a bona fide organization in the United States

3. Your spouse must be “regularly stationed” abroad. USCIS has interpreted that to mean that your spouse will be working abroad for at least a year from the time of your interview.

4. After your spouse’s overseas employment ends, you must intend to take up residence in United States."

That in terms of Part 6 is not much different than living here and applying for the three year marriage privilege. What's different is the residency requirement that is an exception for living outside of the USA if all the conditions are met in the INA 319(b) where in effect that time spent out of the USA is the same as living here if all of the requirements are met.

If applying 90 days early and since you only have been a LPR resident for approximately 2 years and 9 months, that is as far back as you can go. In our case for addresses, life lived at the same address in her country for 21 years and another 3 years here. So for us to go back 5 years, had to put down both addresses, but in effect it went back 24 years. For my wife was the same with employment, only two jobs. But if you frequently changed your residence and employment, may need a separate sheet of paper, good records, or a darn good memory.

Trips outside of the USA lasting over 24 hours is clear enough, since becoming a LPR, but if applying 90 days ahead, can only go back from the date of your application that would be 2 years and 9 months. For that top question, how many days out of the USA for the last five years, was informed not to change that question. I feel the best answer to this question is an N/A for marriage. Even the most dense IO can figure this out. Technically, crossing out that 5 and writing in a 3 is not accurate if applying in 2 years and 9 months. Your days under the INA 319(b) should not be counted. Using the days between dates calculator, we just answered the question verbatim, wife's IO didn't like it, but every IO is different, but couldn't argue it, because that is what that question asked.

Tax transcripts are a blessing and greatly reduces your evidence load as typically even eight pages of tax return is reduced to one thin sheet. With our I-751, we got by with me just overlaying our tax returns on a copying machine showing the IRS label with both our names on it. But wife's IO was a b!tch on this subject, wanted our full returns, feel what we earned is none of her business, but wanted that certificate as well.

Since I have seen the old INS citizen form, have to say that Emilio, a Cuban refugee that helped Bush get elected, did a beautiful job of butchering up the new N-400. But he was forced to resign. Since then, the USCIS has had only two new acting directors that haven't taken the effort to correct this form. So you are not the only one confused

[Alice 0]

To NickD.

Thank you very much for your help! Yes , I am filling based of 319(b) INA section.

My husband is already at his new overseas assignment for more than 2 years . Looks like you've been on that road before . Is it a long process ? I am in US now, starting this process and once it's done will be gone to his location .

I would like to know your opinion , what do you thinkl would be better ? To file documents as per our address in USA and get interview at our local ( nearest is Dallas office ) and not to ask specifically for any other US CIS office? As I understood 319(b) are not very common cases, and some local US CIS offices have never seen it before . After I read through forum , lots of people asked for Fairfax office for naturalisation , or it doesn't matter where to get interview if i meet all criterias?

I still kind of frustrated with 3 or 5 years addreses . I have a GC less than 3 years, do I still need to fill in forms for the period since I become a permanent resident or for 3 years or for 5 years ?