howardsnewyork
New Member
I would like to have my wife make application for citizenship under the N-400 three year rule.
We were married in the Philippines Oct 11, 2009. We applied for and received her spousal visa and she entered the US on June 25, 2010. Her Green Card arrived and is dated June 25, 2010. She now has her permanent card after 2 years.
We have made sure that the “permanent residency” aspect of her requirements are thorough and complete. Tax returns, bank accts, apartment rental lease, insurance, etc.
I am writing in regards to the “physical presence” aspect.
We were in the US from June 25, 2010 until November 30,2010 , just over 5 months.
We were then outside the US from November 30, 2010 until July 9, 2011 just over 7 months.
We returned to the US on July 9, 2011 through Dec 6 2011, approx 5 months.
I am now aware that we were out of compliance by having stayed outside of the US for more than 50% of the above mentioned time periods in order to maintain the “physical presence” requirement for naturalization.
Since Dec 6, 2011 we have been careful and have made sure that we have paid attention to the more than 50% rule in the US for physical presence.
We intend to make sure that during this 3 year period from Dec 6, 2011 through December 7, 2014 we will continue to maintain more then 50% in the US. I believe she would be eligible to make application 90 days prior to that date.
The question/concern that I have is whether or not I am understanding the 3 year qualification correctly. My thinking is that even with the initial time that we spent away from the US, we will still have a 3 year period of maintaining both permanent residency and physical presence within the first 5 years of my wife having been admitted to the US.
Any help or clarification would be greatly appreciated.
Thank in advance
Howardsnewyork
We were married in the Philippines Oct 11, 2009. We applied for and received her spousal visa and she entered the US on June 25, 2010. Her Green Card arrived and is dated June 25, 2010. She now has her permanent card after 2 years.
We have made sure that the “permanent residency” aspect of her requirements are thorough and complete. Tax returns, bank accts, apartment rental lease, insurance, etc.
I am writing in regards to the “physical presence” aspect.
We were in the US from June 25, 2010 until November 30,2010 , just over 5 months.
We were then outside the US from November 30, 2010 until July 9, 2011 just over 7 months.
We returned to the US on July 9, 2011 through Dec 6 2011, approx 5 months.
I am now aware that we were out of compliance by having stayed outside of the US for more than 50% of the above mentioned time periods in order to maintain the “physical presence” requirement for naturalization.
Since Dec 6, 2011 we have been careful and have made sure that we have paid attention to the more than 50% rule in the US for physical presence.
We intend to make sure that during this 3 year period from Dec 6, 2011 through December 7, 2014 we will continue to maintain more then 50% in the US. I believe she would be eligible to make application 90 days prior to that date.
The question/concern that I have is whether or not I am understanding the 3 year qualification correctly. My thinking is that even with the initial time that we spent away from the US, we will still have a 3 year period of maintaining both permanent residency and physical presence within the first 5 years of my wife having been admitted to the US.
Any help or clarification would be greatly appreciated.
Thank in advance
Howardsnewyork