18 months physical presence rule eligibility for 3 year N400

[dolan_trump 0]

Hello, here's my current situation with frequent travels outside US (None is over 6 months).

I am planning to apply N400 based on 3 year eligibility as my spouse is a US citizen. Please see my calculation and math below.

Physical presence required is 18 months (548 days) in last 3 years of date of application. I am planning to apply around March 1st, 2024. So, the eligibility for physical presence should be counted from 3/1/2021.

As per my calculations, I will be eligible. As of today, I am close to 526 days physical presence in US since 3/30/2021.

Can someone please check my calculations and see if there's any mistake in my math. I don't want to get denied and lose my application fee.

Will really appreciate it. Thanks in advance. 

 

An additional question: Is physical presence requirement also calculated going 3 years back from day of interview or is it 3 years going back from day of application?

Edited January 30 by dolan_trump

[OldUser 5,158]

16 minutes ago, dolan_trump said:

Is physical presence requirement also calculated going 3 years back from day of interview or is it 3 years going back from day of application?

From the day of the interview. You'll need up to date information if you traveled outside of the US between filing and interview.

 

I believe this requirement is there even until you take oath. E.g travel outaide of the US between you went to interview and oath.

 

So, have you been LPR for over 3 years but want to use 3 year rule because of break in residency?

Do you know about 4 year and 1 day rule? It may be easier / better than 3 year rule.

 

Also, don't cut it too close. Wait for few more months so it's a clear cut instead of just 10-20 days of required presence. The last thing you want is for IO to be doubting.

Edited January 30 by OldUser

[dolan_trump 0]

1 hour ago, OldUser said:

From the day of the interview. You'll need up to date information if you traveled outside of the US between filing and interview.

 

I believe this requirement is there even until you take oath. E.g travel outaide of the US between you went to interview and oath.

 

So, have you been LPR for over 3 years but want to use 3 year rule because of break in residency?

Do you know about 4 year and 1 day rule? It may be easier / better than 3 year rule.

 

Also, don't cut it too close. Wait for few more months so it's a clear cut instead of just 10-20 days of required presence. The last thing you want is for IO to be doubting.

 

Thanks!

 

Yes, I am aware and I am not concerned about the continuous residency rule (Travel over 6 months) as I am not going to be outside of US for more than 6 months. I know continuous residence rule has to be maintained until the oath.

 

What I am only concerned about is the physical presence rule. Do you have to meet the physical presence rule until oath day or only until application day?

"So, have you been LPR for over 3 years but want to use 3 year rule because of break in residency?

Do you know about 4 year and 1 day rule? It may be easier / better than 3 year rule."

 

Yes, I have been a LPR since 2007 but have not been able to apply due to break in residency. I am aware about the 4 year 1 day rule but it's hard for me to maintain physical residency rules for 5 year application. So I want to apply on 3 year rule eligibility. 

 

[OldUser 5,158]

1 hour ago, dolan_trump said:

 

Thanks!

 

Yes, I am aware and I am not concerned about the continuous residency rule (Travel over 6 months) as I am not going to be outside of US for more than 6 months. I know continuous residence rule has to be maintained until the oath.

 

What I am only concerned about is the physical presence rule. Do you have to meet the physical presence rule until oath day or only until application day?

"So, have you been LPR for over 3 years but want to use 3 year rule because of break in residency?

Do you know about 4 year and 1 day rule? It may be easier / better than 3 year rule."

 

Yes, I have been a LPR since 2007 but have not been able to apply due to break in residency. I am aware about the 4 year 1 day rule but it's hard for me to maintain physical residency rules for 5 year application. So I want to apply on 3 year rule eligibility. 

 

As far as I know, you need to meet all criteria at the time of oath to be elibigle for naturalization:

- Physical presence

- Continuous residence

- Good moral character

- Still married to US citizen and living in marital union etc etc

 

It seems to me you're trying to use 3 year rule which is generally more complex and requires more evidence etc to compensate for spending too much time outside of the US. Even when applying under this rule, you should add few months of presence. Build an easy case for an officer to approve.

Edited January 31 by OldUser

[dolan_trump 0]

10 minutes ago, OldUser said:

As far as I know, you need to meet all criteria at the time of oath to be elibigle for naturalization:

- Physical presence

- Continuous residence

- Good moral character

- Still married to US citizen and living in marital union etc etc

 

It seems to me you're trying to use 3 year rule which is generally more complex and requires more evidence etc to compensate for spending too much time outside of the US. Even when applying under this rule, you should add few months of presence. Build an easy case for an officer to approve.

Sure, I am married over 25 years to the same spouse so it's not a sham marriage done for GC!
I have been filing taxes and also have investments in US so strong ties to US.

Thanks. I plan to maintain both continuous and physical presence requirements until oath.

[OldUser 5,158]

3 minutes ago, dolan_trump said:

Sure, I am married over 25 years to the same spouse so it's not a sham marriage done for GC!
I have been filing taxes and also have investments in US so strong ties to US.

Thanks. I plan to maintain both continuous and physical presence requirements until oath.

Never doubted your marriage, just in general N-400 under 3 year rule has a higher bar compared to regular 5 year rule case.

 

You can certainly apply, and if you manage to maintain physical presence, you'll be totally fine. Good luck and let us know how it goes!

[mam521 1,816]

17 hours ago, OldUser said:

Never doubted your marriage, just in general N-400 under 3 year rule has a higher bar compared to regular 5 year rule case.

I think this is the important piece.  If I was looking at a case where someone had been an LPR for over 16 years and was suddenly attempting to naturalize under the 3 year when eligible for the simpler 5 year, I'd probably question it.  

 

Anyway, good luck!  

[dolan_trump 0]

On 1/31/2024 at 1:00 PM, mam521 said:

I think this is the important piece.  If I was looking at a case where someone had been an LPR for over 16 years and was suddenly attempting to naturalize under the 3 year when eligible for the simpler 5 year, I'd probably question it.  

 

Anyway, good luck!  

 Well my spouse became a citizen based on 5 year rule only in 2020. So there was no way for me to naturalize under 3 year rule before that. So, it's not sudden as you say.

[mam521 1,816]

17 hours ago, dolan_trump said:

 Well my spouse became a citizen based on 5 year rule only in 2020. So there was no way for me to naturalize under 3 year rule before that. So, it's not sudden as you say.

If you've been an LPR for 16 years, you could have naturalized any time from 11 years ago onwards under the 5 year rule, irrespective of your spouse's status.