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Filed: Timeline
Posted

Hello!

My husband will soon be filing Form N-400 (Application for Naturalization) based on marriage to a U.S. citizen and subsequently being a permanent resident for three years. I have heard conflicting opinions on how Part 6 (Information About Your Residence and Employment) and Part 7 (Time Outside the United States) should be answered. These questions ask you to cover the last five years (which is traditionally the amount of time you have to be a permanent resident to apply for citizenship.) I have heard it said that if you are applying based on the "marriage to a U.S. citizen for three years" requirement, then they want you to answer these questions only for the last three years. I have also heard it said that EVERYONE should answer these questions for the last five years. The problem with that is that one of the questions asks how many days you have spent outside of the U.S. during the last five years...and if my husband answers it to cover the last five years rather than the last three years, it will appear as though he broke the "continuous residency" requirement (since he was still living abroad for two of the five years), even though he has not left the US since becoming a permanent resident.

Does anyone have any clarity on this matter? It seems like they should change the wording on the form to distinguish between those applying based on three years of residence and those applying based on five years of residence.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Hello!

My husband will soon be filing Form N-400 (Application for Naturalization) based on marriage to a U.S. citizen and subsequently being a permanent resident for three years. I have heard conflicting opinions on how Part 6 (Information About Your Residence and Employment) and Part 7 (Time Outside the United States) should be answered. These questions ask you to cover the last five years (which is traditionally the amount of time you have to be a permanent resident to apply for citizenship.) I have heard it said that if you are applying based on the "marriage to a U.S. citizen for three years" requirement, then they want you to answer these questions only for the last three years. I have also heard it said that EVERYONE should answer these questions for the last five years. The problem with that is that one of the questions asks how many days you have spent outside of the U.S. during the last five years...and if my husband answers it to cover the last five years rather than the last three years, it will appear as though he broke the "continuous residency" requirement (since he was still living abroad for two of the five years), even though he has not left the US since becoming a permanent resident.

Does anyone have any clarity on this matter? It seems like they should change the wording on the form to distinguish between those applying based on three years of residence and those applying based on five years of residence.

In this circumstance it is the 3 years.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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