Can I start the N400 process?

[Renda]

Or do I need to wait 3 years?

Marriage based green card:
resident since 7/6/2007

I have been out of the country:
9/20/2007 - 10/05/2007 ----> 16 days

10/18/2008 - 03/23/2009 ----> 157 days

10/27/2009 - 05/11/2010 ----> 197 days

Reason there are two very long periods of time in there is because my husband was working overseas and we (son&I) were with him.
We kept our home here in the USA, paid the mortgage, filed taxes, kept insurance, bankaccounts ect.
Can I start filing my paperwork or do I need to wait untill may 2013?

Thank you so much!!!

 

[BigJoe5]

see 8 CFR 316.5(c)(1)(ii) it provides the remedy for a long absence that broke continuity of residence for naturalization purposes described in (i) or (ii) [there is only one remedy and it works for either break] The remedy is to wait 2 yrs and 1 day after returning to the U.S. before applying (after 5/12/2012).

If your husband's work had met certain criteria you might have been eligible to apply under INA 319(b) but it is too late now.

 

[Bobsmyth]

see 8 CFR 316.5(c)(1)(ii) it provides the remedy for a long absence that broke continuity of residence for naturalization purposes described in (i) or (ii) [there is only one remedy and it works for either break] The remedy is to wait 2 yrs and 1 day after returning to the U.S. before applying (after 5/12/2012).

If your husband's work had met certain criteria you might have been eligible to apply under INA 319(b) but it is too late now.

8 CFR 316.5(c)(1)(ii) refers to absences over 1 year. The OP doesn't have any absences over 1 year. The 197 day trip only presumes a break in continuous residency unless the applicant can prove elsewhise. In other words, the OP has an opportunity to provide evidence to show that she did not intend to break continuous residency.

 

[Bobsmyth]

Or do I need to wait 3 years?

Marriage based green card:
resident since 7/6/2007

I have been out of the country:
9/20/2007 - 10/05/2007 ----> 16 days

10/18/2008 - 03/23/2009 ----> 157 days

10/27/2009 - 05/11/2010 ----> 197 days

Reason there are two very long periods of time in there is because my husband was working overseas and we (son&I) were with him.
We kept our home here in the USA, paid the mortgage, filed taxes, kept insurance, bankaccounts ect.
Can I start filing my paperwork or do I need to wait untill may 2013?

Thank you so much!!!

The only trip of concern is the 197 day trip. You have the opportunity to provide evidence that you didn't intend to break continuous residence. Maintaining a US abode is good evidence that you didn't intend to break continuous residence. In the end, it will be up to the IO do decide whether the evidence you present is enough to show that you did not intend to break continuous residence for the 197 day trip.