Physical Presence Test - Last 3 Years Outside USA

D

DesMoines

New Member
I married an American in 1999 and have held a green card since then. I spent the first 7 years in the US and the last 3 abroad with a short trip to the US at least once per year. I was caring for my son, who is a dual citizen, while he was in school abroad. My husband remained in the US.

Immigration gave me a hassle on my last entry (I was with my 9-year-old US citizen son) and suggested I apply for citizenship, however, it appears I do not meet the physical presence test.

Should I file Form N-400? Or, would I be wasting my $675?
 
If applying for citizenship under 3 year rule married to US citizen, during the last 3 years you must have been physically present in the US for at least 18 months and have never broken continuous residency during those 3 years.
 
You would be wasting your money if you apply anytime soon. The fact that they suggested that you should apply doesn't mean they have examined the entirety of your records to determine that you have a reasonable chance of being approved. They probably said it because you have been a permanent resident for such a long time. Remember they don't suffer anything if you apply and get rejected; they still get to keep your money, so it's easy for them to suggest that you apply without doing a proper evaluation first.
 
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