Question and not being so bright about calculations

V

vandeluca

Registered Users (C)
I think I am so tired I cannot think. When one applies for USC via marriage-you need 50% of past 3 years. So if one were to get the G/C in Feb 2008-should be able to apply 3 years later... (Feb 2011)

Question is this~
How does it work...if one does not have enough physical presence in that 3 years...They keep the clock rolling right? What I mean is the dates spent in the US drop off as the calandar passes after that 3 years? So if one was ineligible to apply in Feb 2011, and then say August 2011 he wanted to apply- Am I right to assume that the time from Feb 2008 to August 2008 now does not count toward physical presence?

Mental Block.Thanks!
 
Why don't you write how many day you were out of the US since Feb 2008? It has nothing to do with calendar year, but more with the days you lived outside the US without maintaining ties to Uncle Sam.

For example, gc was issued in Feb 2008, you left for Iran on Marc 1st- August 15, 2008, Again left on Sept 15th, 2008 till January 31st, 2009.
 
vandeluca said:
Am I right to assume that the time from Feb 2008 to August 2008 now does not count toward physical presence?
Click to expand...

You are absolutely right ... whatever time you accumulate before the rolling statutory window (3 years or 5 years) drops off as the days pass.
 
vandeluca said:
So if one was ineligible to apply in Feb 2011, and then say August 2011 he wanted to apply- Am I right to assume that the time from Feb 2008 to August 2008 now does not count toward physical presence?

Mental Block.Thanks!
Click to expand...
You must have meet physical presence requirement for the statutory period at the time you apply. What you're basically asking is if you are eligible in February 2011, but then wait until August 2011 when you're no longer eligible due to no longer meting physical presence, would you be able to apply: simply put, no.
 
Thanks I know I worded that question badly. I got the answer though..it does drop off.... Lots going on yesterday and I could not think straight!
 
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