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Dave&Aya

Physical presence days, 90 day early filing, and time until interview [merged]

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Which date does the 548 day physical presence requirement (18 months of the previous 3 years) of the N400 be met?

1) To the date of signing and mailing the N400.

2) To the date the N400 is accepted ("filed")

3) To the date that the Green Card will have been valid for 3 years.

4) To the date of the actual interview?

5) To the date of the Oath?

My reading of the rules would be answer (2). The USCIS telephone line supervisor states the answer is (4). Our lawyer is unsure. The local USCIS office people indicate the answer is (5). A friend says answer (3).
We are counting days carefully, so having the correct answer is vital. Does somebody REALLY know?
Thank you.

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OK, Answer 1, which is not what any of the others have said. Your answer seems consistent with the language "Has been physically present in the United States for at least [18] months of the five years preceding the date of filing the application".

​So filing is the date it is signed, not the date it is received, or processed, or any other date, but the signature date.

--> How totally certain are you of this? We will be exactly at 548 days--the legal requirement--without a day to spare. Getting this one perfect will be important.

Thanks!

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OK, Answer 1, which is not what any of the others have said. Your answer seems consistent with the language "Has been physically present in the United States for at least [18] months of the five years preceding the date of filing the application".

​So filing is the date it is signed, not the date it is received, or processed, or any other date, but the signature date.

--> How totally certain are you of this? We will be exactly at 548 days--the legal requirement--without a day to spare. Getting this one perfect will be important.

Thanks!

Why take the risk that you will not meet the exact requirement and have your case denied? Why can't you wait a few days to be sure? Does two or three days matter that much?

IMHO - you are taking an unwarranted risk trying to pin this down over a few days. Lots of people have had their cases denied for filing one day too early.

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Our schedule is very tight, without an extra day. It's NOT that we are playing games.

We are expecting our first grandchild in about a week. If we are to be there for the birth and to help, we need to leave soon. (And we have tickets.) We are literally down to the very last day (548 days in the US.) It was not our choice, our children have been trying to have a child for several years.

By the time we come back, we will be past the 3 year period when days will start dropping off because they are beyond 36 months.

I appreciate your suggestion to leave a margin of error. Of course. But we don't have extra days we feel safe about.

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The 50% physical presence requirement would be 548 days if counting the three year period.

If filing early, is it 50% up to the date of the early filing, or 50% up to the date the green card was issued. That is, 50% of the number of days up to the filing, or 50% of the days as of eligibility to the third year anniversary?

Here is the specific policy language:

"Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization” (See USCIS Policy Manual, Volume 12 Chapter 4.) (Emphasis added.)

Thus, if the 50% rule applies up to the early filing date, there will be 1007 days and the requirement would only be 503 days and not 548 days (for the full three years.)

Edited by Dave&Aya

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How is the 50% physical presence for the N400 calculated when early filing (90 days before the 3 or 5 year residence period)?

There are two potentially conflicting pieces of language:

This implies 50% of the time up to the early-filing date:

"Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization” (See USCIS Policy Manual, Volume 12 Chapter 4.) (Emphasis added.)

Elsewhere, it implies something entirely different (this time in calculating 50% for the entire five-year period:

"An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application"

See Source: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html

This language conflict seems to exist only when early filing.

You can file 90 days before the 3 or 5 year requirement. If the first language above prevails then you need 503 days if filing exactly 90 days early. If the second language prevails then you need 548 days. Which is it?

The USCIS, an attorney, and the local USCIS office all give conflicting answers.

Yes, of course, it would be nice to avoid the question by just having enough days of physical presence plus some more. But that is problematic in our case.

The language above seems clear...except that it is not in the case of early filing.

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Similar-themed threads have been merged.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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