18 months physical presence rule eligibility for 3 year N400

[Donald_Trump]

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. I don't want to get denied and lose my application fee.



Will really appreciate it. Thanks in advance.

[Donald_Trump]

Tagging some experts

newacct okccanary - Any input will be appreciated.

[okccanary]

Honestly I am not an expert in this area as I never leave the US more than a couple of weeks a year, so never really had to think about these two requirements. Hence my initial reluctance to reply to the initial post. The only thing that stands out to me is the March 2021 to Feb 22 period where it appears that you were outside the US for more than 6 months. It may have reset your continuous presence requirement, but as stated I am not an expert. But, you would still be eligible to apply as if its less than a year you can overcome with evidence but the burden is on you. So just wanted to highlight that so you can prepare if need be or you might want to wait a year for a potentially less stressful application.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=An%20applicant%20for%20naturalization%20under,to%2 0the%20time%20of%20naturalization.

I am also stupidly cautious so i could be reading the requirement wrong.

[Donald_Trump]

Sure, thanks no worries. No, I was not out for 6 months after March 2021. If you see my data entry in the spreadsheet, I had arrived in US on 3/30/21 and left on 9/9/21 and again back on 2/22/22.

Honestly I am not an expert in this area as I never leave the US more than a couple of weeks a year, so never really had to think about these two requirements. Hence my initial reluctance to reply to the initial post. The only thing that stands out to me is the March 2021 to Feb 22 period where it appears that you were outside the US for more than 6 months. It may have reset your continuous presence requirement, but as stated I am not an expert. But, you would still be eligible to apply as if its less than a year you can overcome with evidence but the burden is on you. So just wanted to highlight that so you can prepare if need be or you might want to wait a year for a potentially less stressful application.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=An%20applicant%20for%20naturalization%20under,to%2 0the%20time%20of%20naturalization.

I am also stupidly cautious so i could be reading the requirement wrong.

[okccanary]

Yeah when I was looking at your dates between the period 1/1/2021 to 12/31/21 you were in the US for only 163 days which is less than 6 months. Like I said I'm not sure how they do the dates and that was the only part that stood out to me and may cause an issue.

So only wanted to warn you about the continuous requirement part in case they question you on that and so you can prepare for it in case they do. As you were never out for more than a year as far as I know you are eligible to apply and should be good but you may have to prove you didn't abandon permanent residence.

Like i said I am stupidly cautious and always prepare for worse case scenario. Its very likely that this doesn't even come up!

Also want to say I am definitely not an expert in this area compared to others on this forum so I could be wrong and would happily defer to them!

[hunsi]

Hi
My situation is very similar GC through my Spouse who is a us citzen by birth. My question here is was/is your wife living with you the whole time here in the US. Meeting the continous presence rule is one thing but I am told for the 3year rule your wife has to have lived with you at the same address for that time-period to be able to apply and has to be present at the interview as well.
can you confirm this? have you already submitted your n-400 application ? good luck on your interview. Do let us know how it goes.

[nutmegnag]

Your criterion for continual presence may have been reset. I just wanted to let you know about the continuing required portion in case they questioned you about it, so you could be ready for them if they did. geometry dash lite