Citizenship eligibility: When does my window open?

[Christi85 86]

Hi everyone,

So, I got my 10 year green card back in July, and I'm now starting to think about citizenship, when might be the best time to apply etc. as we also need to save up some for the $680 fee

I know if all other criteria are met, you can apply 90 days before your 3 year anniversary of becoming a permanent resident. So in regards to that, I had two questions just to double check that I have my facts straight (the last thing I want is to have my petition returned and lose my money ):

1) My 3 year anniversary since first becoming an LPR is June 7, 2014. Am I right that my window opens on March 9, 2014 (90 days before 6/7) so I can apply any time from that date on?

2) The total time I've spent outside the country this whole time is 70 days - about half of it in 2012 and the rest in 2013. Just double checking, but I don't need to compensate for that time before I can apply, correct? As in, wait an extra 70 days after my window opens before I'm eligible?

Thanks and best of luck to everyone!!

[Jon and Krissy 452]

Hi everyone,

So, I got my 10 year green card back in July, and I'm now starting to think about citizenship, when might be the best time to apply etc. as we also need to save up some for the $680 fee

I know if all other criteria are met, you can apply 90 days before your 3 year anniversary of becoming a permanent resident. So in regards to that, I had two questions just to double check that I have my facts straight (the last thing I want is to have my petition returned and lose my money ):

1) My 3 year anniversary since first becoming an LPR is June 7, 2014. Am I right that my window opens on March 9, 2014 (90 days before 6/7) so I can apply any time from that date on?

2) The total time I've spent outside the country this whole time is 70 days - about half of it in 2012 and the rest in 2013. Just double checking, but I don't need to compensate for that time before I can apply, correct? As in, wait an extra 70 days after my window opens before I'm eligible?

Thanks and best of luck to everyone!!

Your date is correct. No, you DO NOT need to compensate for the 70 days spent outside the country, not at all. Here is the rule, which doesn't apply to your situation:

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Source: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Edited December 5, 2013 by Jon and Sol

[Christi85 86]

Thank you so much! That confirms what I thought!