TNiil

I agree with your view, however, the following comes from USCIS. Look under the physical presence requirement.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Physical Presence

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)
  

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

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When it comes to applying for US citizenship, I would err on the side of caution. Why risk a denial when someone at USCIS could interpret the 3 months residency requirement under the physical presence standard? Not worth it to me.

I see that and understand what you mean.

But, on the other hand wouldn't that literally mean that you really have to be physically present for 3 months in your home state or district before filing, i.e. you can't leave your state or district. How are they gonna check that? How can you prove such thing? Say you live in DC, so you're supposed to be extremely careful not putting your foot to VA or MD in the suburbs? Could get very boring in some places..

I wouldn't risk it either but this is quite interesting thing and wondering how is it interpreted.

You cannot apply for US citizenship.

One of the requirement is that you live in the US for the three months before you file. You cannot show three months of continuous physical presence in the US before you file. Therefore you cannot file for naturalization.

You will need to maintain your green card status. You will need a reentry permit as an LPR. You also need to maintain your ties to the US.

The N400 eligibility worksheet states

"I have resided in the district or state in

which I am applying for citizenship for

the last three months." Y/N

I just don't see that "to reside" would mean physical presence. I might be wrong also, but the same sheet uses explicitly words "physical presence" when it means that. Having established a residence to the district or state would be enough for that part?

Review the chart on page 18-19 for all the requirements. http://www.uscis.gov/files/article/M-476.pdf Sounds like you have a good start.

If you have been married to a U.S. citizen and residing with your spouse for three years, you are eligible to file the N-400 now.

U.S. bank accounts, mailing address and driver's license are irrelevant.

What if I postpone my application until next year to the 6th anniversary of being PR, will my physical presence for the first year count in or not then?

Hi all,

I'm an IR-1 holder received in 09/17/07 and eligible to file for the naturalization 06/17/12 according to the 5 years and -90 days rule. However, provided that I've

- been physically in the US couple days over the required 30 months = 2.5 years so far,

- never been absent for more than 6 months,

- filed and paid my US and state taxes every year from my foreign income,

- possess only some bank and investment accounts in the US and

- have a real mailing address and driver's license in the US

will I qualify for a US citizenship?

Thanks