Physical presence marriage based petititon

[promenad 9]

Hi

 

This is my situation. I came to US in January 2015 with a K1 visa, married just after that and became a greencard holder in september 15th. Since then I had the following travels abroad.

- September/october 2015 trip was a working trip followed by visiting family in my home country.

- April to september 2nd 2016 was our delayed honeymoon during which my wife (us citizen) got a job with an american research institution that led us to be out of US between

- september 8th to december 10th

- and again between jan 2017 and april 2017.

- Finally i had another work trip in May of the same year.

During  all this time we did keep our address (my wifes mother is the owner) and we never failed to keep our taxes in order. Her job provided a pay check in a US based address and payment in a US bank.

With all that (and the timeline of my i94 above) can I enter with my n 400 petition at the 3 years mark of becoming a greencard holder? What sort of documents can i use to proof the continuous residence in US besides the ones i mentioned (taxes, pay checks)?

Thanks all!

 

 

 

1	2017-05-31	Arrival	WAS
2	2017-05-01	Departure	Unavailable
3	2017-04-29	Arrival	Unavailable
4	2017-01-15	Departure	MIA
5	2016-12-10	Arrival	CLT
6	2016-09-08	Departure	CLT
7	2016-09-02	Arrival	FTL
8	2016-04-05	Departure	NYC
9	2015-10-24	Arrival	MIA
10	2015-09-29	Departure	MIA
11	2015-09-29	Arrival	MIA
12	2015-09-02	Departure	NYC
13	2015-01-16	Arrival	NYC

[Crazy Cat 41,981]

I think physical presence is required, not just legal residence.......I defer to those more knowledgeable than myself...

[arken 4,197]

18 months of physical presence is required for 3 year rule and you seem to be out for ~14 months. Technically you should have no issues with N400. By the interview time, you would’ve accrued even more months of physical presence.

 

For continuous residence, you already have taxes n paychecks, you can also add leases documents like that . You should be good.

[promenad 9]

14 minutes ago, arken said:

18 months of physical presence is required for 3 year rule and you seem to be out for ~14 months. Technically you should have no issues with N400. By the interview time, you would’ve accrued even more months of physical presence.

 

For continuous residence, you already have taxes n paychecks, you can also add leases documents like that . You should be good.

Thanks for the answer. That is my math too (it was a total of 430 days out in the past 3 years). I do not have a lease for the period between nov 2016 and now since it is a family property without mortgage or rent. An affidavit from the owner could be helpful? Any other suggestions of documents? (I think i do have the electric bills in our name a period of it). 

Any other person with similar experience that did the process and interview that could tell me about their journey would be helpful!