Part 9. Time outside the US

[h.linds 4]

Hi all,

 

After almost 3 years, I'm now struggling with the same old, same old paperwork again. :). I'm working on the Form N-400 and very confused with the ''Time outside the US'' Question (part 9). I'm married to my American husband for 10 years, became lawful permanent resident (LPR) and got my 10 year GC since mid June 2019. I will be applying under the 3-year eligibility. After becoming legal resident, we haven't travelled outside the US (mostly due to the pandemic). However,  within the last 5 years and prior to the date of becoming LPR, we made some visits to the US to visit family. Should I list all the previous trips? How they will be counted towards the continuous residence requirements?  (As I understand, technically, I haven't travelled outside the States at all during the 3 years period).

 

Thanks a lot for your helpful advice!

 

 

 

Edited March 14, 2022 by h.linds

[Timona 3,972]

Any trip more than a day is listed and the system does the count for you.

 

File N400 online. Faster, less hustle, it tells you exactly what to submit and you get receipt immediately. 

[Mike E 11,727]

Keep it simple and list everything in the last 5 years as the form says. What matters is your physical presence in the USA since you became an LPR.  If you have (366 + 365 + 365) / 2 = 548 days of physical presence in the USA in past 1096 days then you qualify. 
 

Use https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to verify your eligibility to apply 

Edited March 14, 2022 by Mike E

[Redro 4,602]

24 minutes ago, h.linds said:

Hi all,

 

After almost 3 years, I'm now struggling with the same old, same old paperwork again. :). I'm working on the Form N-400 and very confused with the ''Time outside the US'' Question (part 9). I'm married to my American husband for 10 years, became lawful permanent resident (LPR) and got my 10 year GC since mid June 2019. I will be applying under the 3-year eligibility. After becoming legal resident, we haven't travelled outside the US (mostly due to the pandemic). However,  within the last 5 years and prior to the date of becoming LPR, we made some visits to the US to visit family. Should I list all the previous trips? How they will be counted towards the continuous residence requirements?  (As I understand, technically, I haven't travelled outside the States at all during the 3 years period).

 

Thanks a lot for your helpful advice!

 

 

 

My understanding is because you are applying under the 3 year rule you don't count the trips made before you became an LPR.

 

The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance. 

 

and

18 Months of Physical Presence

The spouse must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#:~:text=3 Years of Continuous Residence,of the Oath of Allegiance.

 

Edited March 14, 2022 by Kor2USA

[h.linds 4]

On 3/14/2022 at 10:50 AM, Timona said:

Any trip more than a day is listed and the system does the count for you.

 

File N400 online. Faster, less hustle, it tells you exactly what to submit and you get receipt immediately. 

Exactly. Many thanks for the great advice. I'm just doing ground works on papers before I can file online. 

[h.linds 4]

On 3/14/2022 at 11:07 AM, Mike E said:

Keep it simple and list everything in the last 5 years as the form says. What matters is your physical presence in the USA since you became an LPR.  If you have (366 + 365 + 365) / 2 = 548 days of physical presence in the USA in past 1096 days then you qualify. 
 

Use https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to verify your eligibility to apply 

Much appreciated! 

[h.linds 4]

On 3/14/2022 at 11:07 AM, Kor2USA said:

My understanding is because you are applying under the 3 year rule you don't count the trips made before you became an LPR.

 

The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance. 

 

and

18 Months of Physical Presence

The spouse must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#:~:text=3 Years of Continuous Residence,of the Oath of Allegiance.

 

Many thanks for the helpful information.