Residence and Time Outside the U.S.

[j_k 0]

Hi VJers, I have a question on filing online under the 5-year rule NOT through marriage, and filing early under the 90-day early filing provision, particularly for n400 Part 5. Information About Your Residence and Part 9. Time Outside the United States. Hypothetically, 

 

LPR Date: 1/1/2014 (i.e. 5-year would be 1/1/2019)

Date eligible to file n400: 10/3/2018

Living abroad from 1/1/2013 to 12/31/2013 (Prior to LPR)

Online, the applicant needs to fill out residence history AND travel history for the last 5 years prior to filing n400 (per n400 instruction) i.e. from 10/3/2013 to 10/3/2018 in this case. The question is: Should the applicant (a) List 1/1/2013 to 12/31/2013 for both parts OR (b) List 10/3/2013 to 12/31/2013 for both OR (c) List nothing prior to 1/1/2014? 

 

This question is not asking for eligibility but rather technicality/formality. Thank you, VJers.

[aleful 1,905]

 

hi

 

the dates are since you've been a LPR, not before, they want to know if you qualify for citizenship based on physical presence in the country

 

all the trips taken, where and for how long, over a 24 hour period each time, within the 5 years

 

so, C is the answer, nothing prior to 2014

 

 

 

[j_k 0]

Thanks for chiming in @aleful

Could more people who has gone through the process weigh in? To me, most people should have run into this problem regardless of filing online or paper, but I only managed to find one thread talking about it and it seems that the interpretation can vary quite a lot.

 

[aleful 1,905]

hi

 

not really prior life to being a resident is irrelevant, immigration doesn't care about your life prior to being a LPR, it has no bearing in qualifying for citizenship.

 

time spent out of the country has to do with physical presence, if you have lived long enough in the country to qualify for citizenship