Minimum time to spend inside USA to apply for Citizenship

[Giulianostroppa 1]

Hi there 

 

I am a permanent resident since October 2014 with a marriage green card, I work for an American organization as expat so for work I spent in the last 5 years a tot of 961 days out of the country, with 2 different re-entry permit. I always knew that with a spouse green card as a requirement you must have spent 1.5 years in the country in the last 3 years to apply for naturalization, which I did, but when I applied  online, N-400, I've got a warning that I spent to long time oversea, the requirement seems to be  2.5 years in the last 5 years.

Which one is correct, 1.5 in 3 or 2.5 in 5 years? Can I go ahead with application or shall I wait 2 more months to meet the requirements?

thanks in advance for the help

regards 

Giuliano 

 

[Family 4,025]

Make sure you apply under the 3 year rule . On paper form it’s Part 1. , Question 1. 
Also do an exact count of the days you have been out during the last 3 years 

 

Assuming you are still married, file under 3 and need 1.5 yrs in

 

No longer married, file under 5 and need 2.5 yrs in 

Both instances do a calendar day count ( no rounding up/ down or counting by months) 

Edited August 15, 2022 by Family

[Family 4,025]

52 minutes ago, Giulianostroppa said:

long time oversea, the requirement seems to be  2.5 years in the last 5 years.

Which one is correct, 1.5 in 3 or 2.5 in 5 years? Can I go ahead with application or shall I wait 2 more months to meet the requirements?

thanks in advance for the help

regards 

Just to add one more detail IF you are married and filing under the 3 year rule, do so only if your wife “lived with you “ even when your were working outside the US..to satisfy the “marital union requirements “ .. or wait to meet the physical presence only under 5 year rule w 2.5 

 

 

[Giulianostroppa 1]

34 minutes ago, Family said:

Just to add one more detail IF you are married and filing under the 3 year rule, do so only if your wife “lived with you “ even when your were working outside the US..to satisfy the “marital union requirements “ .. or wait to meet the physical presence only under 5 year rule w 2.5 

 

 

thanks for the quick answer, my wife was with me during all my expatriations 

[JeanneAdil 6,554]

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[da95826 387]

On 8/14/2022 at 5:39 PM, Giulianostroppa said:

I always knew that with a spouse green card as a requirement you must have spent 1.5 years in the country in the last 3 years to apply for naturalization, which I did, but when I applied  online, N-400, I've got a warning that I spent to long time oversea, the requirement seems to be  2.5 years in the last 5 years.

To be clear your spouse is a US citizen for the last 3 years and not a LPR as well.

As long as you have been together with a US citizen spouse for the last 3 years then you can apply under the 3 year rule.