Physical Presence - Where to start counting

[There yet? 0]

My wife is a US citizen by birth. Through her, I got my Green Card (GC) and have been a Legal permanent Resident (LPR) since August 2009. Our children are also USCs by birth. Since my GC, I have travelled outside of the United States frequently but was careful not to have a trip that lasted more than 180 days.

As you can see, the first condition for total of 3 years after Green Card was met in August 2012. Sometime early February 2013, I would have completed a total of 18 months of physical presence in the US. Lets call this Effective Date.

Now what I am struggling with is the following:

- For 18 months physical presence requirement, can I count the number of days from the date of Green Card or do I need to count back from the Effective Date?

o If its counting up since GC, I will meet the 18 months PP requirement by Feb 5 or so. However if the PP requirement is to be interpreted as a total of 18 months within the 3 years immediately preceding the application date, than I will have to wait until Sep 15, 2013. In that case, the 3 years look back period with enough PP will be Sep 15, 2010 to Sep 15- 2012. A Plain read of [section 319.1(a) of the Immigration and Naturalization Act] doesnt suggest that is the case.

- Also I understand that USCIS accepts application 90 days prior to the Effective Date. Does that apply in my case as well, given that my physical presence requirement will also be met on the Effective Date (assuming the days are counted from GC and not counted back from effective date)?

Anyone with a similar experience or information on the topic. Your help and advice will be greatly appreciated. Thanks.

Edited October 16, 2012 by There yet?

[VanessaTony 3,567]

See the guide here: http://www.uscis.gov/files/article/attachments.pdf page 7.

"During the last three years I have not been out of the country for 18 months or more". If you answer "no" to that qn you are not eligible.

So to answer your question, it's based on the 3 years preceding your filing date which is why it says "during the LAST 3 years..." [emphasis added]. In order not to waste the $600 I would wait until you're SURE you're eligible. For that reason I would wait till Sept 15, 2013.