How does the USCIS count the dates outside the country?

[Nahathai_Ike 0]

Hello,

My wife plans to file the N-400 for US citizenship. My wife is a GC holder. We have been married for over seven (7) years and I am the USC for over 10 years.

Part 1 of the N-400 form, she does qualify on both cases:

1. Have been a Permanent Resident of the United States for at least 5 years AND

2. Have been a Permanent Resident of the United States for at least 3 years . In an addition, you have been married and living with the same US citizen spouse for the last 3 years , and your spouse has been a US citizen for at least 3 years at the time of filing you Form N-400.

Our situations were a little bit different because my wife had been traveling outside the countries several times due to family issues. If we use the 5-years rule, she was outside the US for approximately 2 years and 9 months. (or 33 months out of 60 months) This is more than half of the requirements allowed by the USCIS in applying for the US citizenship.

By the way as an FYI, NO TRIP was longer than six (6) months.

However, if we use the 3-years rule, the total time that she was outside the US for approximately 1 year and 5 months (or 17 months out of 36 months). This is less than half of the requirements allowed.

(During the last eight months, she has not traveled outside the US at all because the family issues had been resolved.)

Questions:

1. We would like to file the N-400, under the 3-years marriage rule. Will this be OK?

2. Can we file the N-400 under the 3-years marriage requirement because we believe that we do qualify for the total of days required by the USCIS?

3. If we use the 3-years choice, will the USCIS determine using the days outside the US during the past 3 years or the past 5 years? All questions of the N-400 form indicated the past 5 years. We are concerned because we will not be qualified regarding this matter.

We do appreciate your time and response. Thank you.

[Dave&Roza 748]

It is actually an "OR". If you are married to a USC you can file based on that marriage after 3 years as a LPR and 3 years of marriage OR you can file based on 5 years as a LPR. If you use the 3 year rule then it is based on the last 3 years, but they will want to see proof of a bona fide marriage. If you use the 5 year rule it is based on the last 5 years, but there is no requirement to show proof about the marriage. Why not just wait until the amount of time in the US exceeds the amount of time outside the US and then file--that would be about 6 months by my take. It reduces the amount of paper work you will need to come up with by a lot.

Dave

Edited February 10, 2015 by Dave&Roza

[citizenship1 1]

Waiting for oath since DEC 10thTH approval. Filed about 90 days before 5 year rule. Applicant went outside the US 5 times in last 5 year for about 90 days total & mostly to Canada.

Is this why they still don't want to finish the case? They are counting those days?

Edited February 10, 2015 by citizenship1

[Dave&Roza 748]

Waiting for oath since DEC 10thTH approval. Filed about 90 days before 5 year rule. Applicant went outside the US 5 times in last 5 year for about 90 days total & mostly to Canada.

Is this why they still don't want to finish the case? They are counting those days?

Are you still under the 5 years of being a LPR? They will not grant you citizenship until you reach the 5 years as a LPR, so if your case went quickly you will have to wait until you reach your fifth anniversary. Or it could just be the local office is slow in processing oath appointments. The time outside the US is not even close to being an issue.

Dave

Edited February 10, 2015 by Dave&Roza

[JimmyHou 610]

Waiting for oath since DEC 10thTH approval. Filed about 90 days before 5 year rule. Applicant went outside the US 5 times in last 5 year for about 90 days total & mostly to Canada.

Is this why they still don't want to finish the case? They are counting those days?

No. Those days have nothing to do with the oath. If you meet the requirements, you don't have to wait until you "make up" for days outside the US. There is no such requirement.

You are waiting for an oath either because they are still reviewing your application or because they don't have room for you at an oath ceremony yet.

[citizenship1 1]

Oath Ceremony Notice Was Mailed

We scheduled your oath ceremony for Receipt Number ************ We sent a notice with the date, time, and location of your oath ceremony to the address you gave us. Please follow the instructions in the notice. If you do not receive your notice by March 12, 2015, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

called and greeter couldn't tell me the date of ceremony and wait for tier 2 was 12 hour long. hoping to receive the letter tomorrow or the day after

Edited February 11, 2015 by citizenship1

[Buckyball 22]

Our situations were a little bit different because my wife had been traveling outside the countries several times due to family issues. If we use the 5-years rule, she was outside the US for approximately 2 years and 9 months. (or 33 months out of 60 months) This is more than half of the requirements allowed by the USCIS in applying for the US citizenship.

Don't know why people make things so complicated, just wait another therr month an you she'll have the needed 50% out of 60 month and less trouble then filing under the 3-year rule.

[Nahathai_Ike 0]

Don't know why people make things so complicated, just wait another therr month an you she'll have the needed 50% out of 60 month and less trouble then filing under the 3-year rule.

Why do you say that a 3-year rule has more troubles than a 5-year rule? Please explain. Thanks.

We have all of our documents ready. For the tax purposes, we need to send them the copy of the tax returns. Most of the joint properties and marriage license are still there.

Based on what we calculate, we can file the 3-year rule as of April 1, 2015. But we have to wait for around three and a half months, which will be around mid July to August before we hit the 5-years mark. Would it be better to wait for 3.5 months?

We do appreciate your response. Thanks.

[JimmyHou 610]

Why do you say that a 3-year rule has more troubles than a 5-year rule? Please explain. Thanks.

We have all of our documents ready. For the tax purposes, we need to send them the copy of the tax returns. Most of the joint properties and marriage license are still there.

Based on what we calculate, we can file the 3-year rule as of April 1, 2015. But we have to wait for around three and a half months, which will be around mid July to August before we hit the 5-years mark. Would it be better to wait for 3.5 months?

We do appreciate your response. Thanks.

Because you have to prove that you are in a legitimate marriage. They can ask to see tax returns, rental agreements, joint bank accounts... anything really... one applicant was recently asked if she had her husband's drivers license with her (which she didn't of course).

You don't need any of that if you're applying on your own credentials as a 5 year permanent resident.

[Nahathai_Ike 0]

Hello,

Thank you all for the comments.

Look like the 5-years might be easier. She needs to wait for a few months.

Regarding the documentation to be submitted for a 5-year rule.

Will she be required to submit all of the marriage documents, such as copy of marriage licenses or some other court paperwork?

Will these documents be enough, too many or too few?

* Copy of her GC, driver license

* Some utilities bills with her name;

* Copy of the IRS tax returns for the past 5 years;

* Beneficiary copies of the wills;

* copy of the deeds that she is a joint ownership of the house;

* copy of the joint ownership of the car;

* copy of the marriage license ??

Does she need to supply any other copies such as birth certificate, previous name change, etc?

I am curious of how much less paperwork that she needs to submit.