Help with calculating number of days based on 3 year eligibility (N400 Part 7A)

[thebighash 4]

I will file based on the 3 year eligibility (married to a USC). My anniversary is February 2014, so I should be eligible to apply in November 2013. I have 3 questions:

1. When I count the number of days spent outside the US (Part 7A), I believe that I should consider only the last 3 years (not 5 as it says), right?

2. If I apply in November 2013, should I count the number of days spent outside the US from November 2010 till November 2013 (based on submission date), or from February 2011 till February 2014 (based on anniversary date)?

3. I am planning to travel during next year, so I might decide to file N400 after I return from my trip, say August 2014. In this case should I count the number of days spent outside the US during the 3 years prior to my application date, i.e. from August 2011 till August 2014? Or from February 2011 till August 2014?

Thanks!

[kryskou 1]

I will file based on the 3 year eligibility (married to a USC). My anniversary is February 2014, so I should be eligible to apply in November 2013. I have 3 questions:

1. When I count the number of days spent outside the US (Part 7A), I believe that I should consider only the last 3 years (not 5 as it says), right?

2. If I apply in November 2013, should I count the number of days spent outside the US from November 2010 till November 2013 (based on submission date), or from February 2011 till February 2014 (based on anniversary date)?

3. I am planning to travel during next year, so I might decide to file N400 after I return from my trip, say August 2014. In this case should I count the number of days spent outside the US during the 3 years prior to my application date, i.e. from August 2011 till August 2014? Or from February 2011 till August 2014?

Thanks!

hi Thebighash

I cannot help u with your question but I can give you the website to calculate your eligible filing date http://www.uscis.gov/early-filing-calculator

[NigeriaorBust 4,087]

Also there is usually a requirement that you be residing in the district you file from for 90 days prior , travel could disrupt that.

[thebighash 4]

Thanks kryskou & NigeriaorBust

I knew about those... I hope someone will be able to answer my questions

[NigeriaorBust 4,087]

Your travel reporting requirement is since you got your green card or 5 years which ever is less. So if you aplly because of the 3 year rule it is since you got GC to date of filing. If you have had green card for 20 years it is the last 5 that count .

[thebighash 4]

Your travel reporting requirement is since you got your green card or 5 years which ever is less. So if you aplly because of the 3 year rule it is since you got GC to date of filing. If you have had green card for 20 years it is the last 5 that count .

so for Question #2, if I file in November (90 days before 3 years), I have to report travel since obtaining GC (Feb 2011) till filing date (Nov 2013)?

[Mrs O. 29]

Yes, to question #2

[thebighash 4]

Thanks Mrs. O.

I've spent so much outside the U.S. since obtaining my GC. I did my calc and it apparently I have not accumulated 18 months of presence in the U.S. since obtaining my GC. So I have to move to my next option, which is also related to Question #3.

I am planning to travel in July 2014, so after I come back I have to wait 90 days to be eligible to file N400. My plan is therefore to file by end of October 2014. In this case as I understand I would count the number of days spent outside the US since obtaining my GC, i.e. from Feb 2011 till Oct 2014. I'm still considered to be filing under the 3 year eligibility, right?

[thebighash 4]

any help with the below will be highly apprciated!

So I have to move to my next option, which is also related to Question #3.

I am planning to travel in July 2014, so after I come back I have to wait 90 days to be eligible to file N400. My plan is therefore to file by end of October 2014. In this case as I understand I would count the number of days spent outside the US since obtaining my GC, i.e. from Feb 2011 till Oct 2014. I'm still considered to be filing under the 3 year eligibility, right?

Edited November 8, 2013 by thebighash