lopakalolo

The new Naturalization Form N-400 still doesn’t explain things any better than the old form. There is still doubt for interpretation of the 3 year versus the 5 year rule as to which you can safely use.
For Instance it starts out like so:
Part 1. Information About Your Eligibility
You are at least 18 years old and: (this applies to us)
2. Have been a permanent Resident of the United States for at least 3 years. In addition, you have been married to and living with the same U.S. citizen for the last 3 years, and your spouse has been a U.S. citizen for the last 3 years at the time of filing your Form N-400.
(We could insert 7 years for every 3 years above)
So far – so good – very clear and precise.
Then the confusion starts with:
Part 4. Information About Your Residence
1. Where have you lived during the last 5 years. Begin with where you live now and then list every location where you have lived during the last 5 years.
Huh? What happened to the 3 Years?
<and>
Part 7. Information About Your Employment and Schools You Attended
List where you have worked or attended school full or part time during the last 5 years. Whoa? What happened to the 3 Years? <and>
Part 8. Time Outside the United States
1. How many total days (24 hours or longer) did you spend outside the United States during the last 5 years?
2. How many trips of 24 hours or longer have you taken outside the United States during the last 5 years?
3. List below all the trips of 24 hours or longer that you have taken outside the United States during the last 5 years?
Huh again? What happened to the 3 Years? I know what replies I will get back because I asked this question once before.
Some said just follow the rules and put in information where is says 5 years (or play it safe and don’t rock the boat).
Others said just cross out the 5 years and insert 3 years. (I did and it worked for me)
Another one said that they put in the 5 year as it was stipulated only to have the USCIS interviewing officer tell her that we don’t need this information beyond 3 years, it’s irrelevant because you’re married to a U.S. citizen and only need to go back 3 years. He struck them out. (This was heartening but how many of us would be that lucky to get a USCIS officer like that?)
I’d sure like to get that interviewer but with my luck, I’d lose the money and be told to go back to the end of the line, put the information in for 5 years and pay the fee again and probably be penalized again for not following the crappy directions with many interpretations.
This scenario is an example of what makes sense to me regarding the sensibility of the 3 year rule and blows the 5 year rule out the window.
Let’s say that on 18 October 2007, my spouse is granted a green card after making her port of entry. According to the rule for a spouse that is married to a U.S. citizen, she can apply for Naturalization (N-400) on or after her 3 year anniversary date which would be 18 October 2010. This is to say that she has been a good little girl and stayed put in the U.S. and didn’t break any of the other silly rules.
She then sits down and attempts to fill out the N-400 while wading through the murky directions. She gets to the above mentioned 5 year rule questions and goes hmmmm!, why should I fill out information regarding 2 years prior to getting a green card? I wasn’t under any of those rules until after I got the green card making the previous 2 years irrelevant and therefore not required.
Note: The 2 years prior to getting the green card, she had a non U.S. passport with a 10 year U.S. Visitors Visa and was free to come and go and stay out of the U.S. as long as she wanted without fear of penalties, revocations or deportations or breaking any silly rules.
In our case we have already gone beyond the first 3 year qualifier twice (we’ve been in the U.S for seven years) and I would still like to only have to go back 3 years and not 5 years because the 3 year spouse of a U.S. citizen rule should still stand and we should still only have to go back to 3 years prior to submitting the N-400. After all, rules are rules, no matter when they are applied – right?
Makes sense to me, but would it make sense to a USCIS officer who only works within a box and if it says 5 years then it’s got to be 5 years and that’s all that’s to it – sorry, but you have to follow the rules no matter how silly they are. We take your money and send you back to the end of the line no room for leniency in this office.
I would appreciate feedback “pro” or “con” and any help is always appreciated because it has been a long and sometimes torturous journey but I think I can just barely see a small twinkle of light at the end of the tunnel.
Have a safe journey.