Joe Minero

Hi Mike E, Probably a month. She will easily pass the requirement for presence inside the USA for the three years prior to filing. Is there a concern I need to be aware of??

We won't move or changed residences for the time period of her green card. We will just be traveling to visit her kids in Costa Rica and I want to submit the n-400 a couple weeks after we arrive back in the USA. I was misapplying the verbiage and In my mind I had incorrectly construed a requirement for physical presence inside the USA for 90 days prior to filing, which I am comfortable now was a needless worry.

Thanks for the verification OldUser !! And good advice on the 90 days.

We own a house together and our USA residence hasn't changed. Maybe I'm stuck on the physical presence requirement implying we must be inside the USA for the three months before we file (early or not). But I feel better that I'm worried for nothing since we didn't move our residence, just will travel outside the USA during the 3 month window before we file. If I've got it wrong let me know, because I will be making travel plans based on the presumption that I can arrive inside the USA and file the n-400 without waiting 3 months.

The n-400 filing instructions say you have "lived within the state or USCIS district where you claim residence for at least 3 months prior to filing." But the instructions ALSO state you can file up to three months early. Are they saying physical presence or just residence? What if we want to travel outside the USA and "early file" the n-400 right after we get back? We will meet all of the requirements but I am not sure I understand this one? Maybe I'm paranoid but just because you're paranoid doesn't mean they're not out to get you.