Calculating 90 days for N400 (merged)

[mari04 100]

I am trying to figure out when to apply for Citizenship. I understand taking 3 years from the date of gc issue. However, do you take to the account foreign trips and subtract them from 90 days? GC says 03/12/20. Applying to Nader 3 year rule. If 90 days subtracted, can apply starting December 12. However, over these 3 years we traveled abroad for a total of 31 days. Do you subtract only 59 days from 03/12, which takes to the account period that I was out of the country or subtract 90 days and do not take to the account 4 vacation trips out of IS for a total of 31 days? 

[Verrou 1,898]

U don’t need to substract 90 days. Rule of thumb as long as you stay in US more than over 6 months per year X 3 years, u are eligible to apply for early filing ( that’s the 90 days ) 

 

Use USCIS early filing calculator and put the date. I assume your 3 years roughly will be 3/12/2023. Minus 90 days. And then add extra 1 week. Don’t apply on the first day when u eligible. Add extra 1 week and then apply. so if u count 12/12/2022 then add 1 week = apply on 12/19/2022

Edited June 20, 2022 by Misscloud

[Family 3,461]

For 100% guaranteed success, file 3 years from date of LPR ( so 3/12/23 and don’t even bother counting days).  
Although the occasional vacation trips do not break your time and need not be subtracted , the 3 yr “ marital union “ requirement has occasionally resulted in problems/ denials …It’s not too common, but does happen and appealing is a pain. 

[Rocio0010 5,560]

11 minutes ago, Family said:

the 3 yr “ marital union “ requirement has occasionally resulted in problems/ denials

But how would that affect OP?

[Family 3,461]

 

 

[Mike E 11,722]

It is 90 days prior to the 3 year anniversary of “resident since” date assuming you’ve 3 years a marital union with a US citizen (which is complex to measure as per @Family ‘s comments). 
 

If you file online, filing before the 3 year anniversary is high risk.   

Since you travel a lot make sure no single trip abroad exceeded 180 continuous days and make sure you were physically in the state or USCIS field district where you reside exactly 3 calendar months before you file.  You and your spouse should have been in each other’s physical presence exactly 3 years before filing and on the day you file.  
 

Use https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to help guide you 

Edited June 20, 2022 by Mike E

[mari04 100]

Applying for citizenship based on 3 year rule. I am calculating first day that I can apply by taking green card “resident since” date and subtracting 90 days. However, we had 4 out of the country vacations for a total of 31 days. Do you subtract the time outside of the country from these 90 days and apply 31 days later?

Edited June 20, 2022 by mari04

[Verrou 1,898]

no...90 days early filing rule hasnt got anything to do with u travel 31 days outside US.

u dont mixed both. travel 31 days doesnt mean u substract 90 days

u are allow to file 90 days early filing. that's it 

[beloved_dingo 1,930]

6 minutes ago, mari04 said:

Applying for citizenship based on 3 year rule. I am calculating first day that I can apply by taking green card “resident since” date and subtracting 90 days. However, we had 4 out of the country vacations for a total of 31 days. Do you subtract the time outside of the country from these 90 days and apply 31 days later?

No, that does not change the date you can file. You can use the USCIS calculator to double-check the date: https://www.uscis.gov/forms/uscis-early-filing-calculator

 

Make sure you do not file early.  

[Adujarric 67]

35 minutes ago, mari04 said:

Applying for citizenship based on 3 year rule. I am calculating first day that I can apply by taking green card “resident since” date and subtracting 90 days. However, we had 4 out of the country vacations for a total of 31 days. Do you subtract the time outside of the country from these 90 days and apply 31 days later?

No but make you dont file early i would submit a couple of days after your window opens. 

[STO Overland 137]

Your 31 days out of the US will not matter. 

 

Just for interest: there is a physical presence and continuous residence requirement. Better explained here than I could

 

I agree with the other respondents who state not to apply on the day that you become eligible. In my own interview the officer said "okay, our last thing  today is to check when you applied" And she pulled out a calendar and walked it back manually. She got it wrong the first time and said "oh oh, let's check again".  Squeaky bum time! However the second time she counted it correctly and said that it matches what she sees on her screen.

[Ontarkie 13,902]

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