When can I submit my N400 application for US citizenship?

I have been a permanent US resident for almost 3 years now and was sponsored by my US citizen wife. For several years (uo until last year), my family and I were mostly outside the US for work. However, we used to come back within each year for a month or so. During this time, we had our bank accounts in the US and filed joint tax returns. For the last 13 months, we have been in the US physically most of the time (plus full-time for the last 7 months) and plan on being in the US physically for all or most of the rest of this year and the next. My wife and I have been happily married for 5 years.

Asked on November 14, 2013 under Immigration Law, North Carolina

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you will be apply for naturalization on the basis of having been married to a US citizen, you need to have been a permanent resident for 3 years, at least one half of which was spent physically present in the US.  YOu literally have to count the days to determine when you are eligible for that if you were outside the US for considerable periods of time.


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