4yrs 1day rule...

[auditorpnine]

hello all:

indian passport, green card holder since 2018. (f3). age now:63.

would really really appreciate a clear & definite reply to my queries:

[a] sep2018 - landed jfk on f3 green card.
[b] oct2018 - left for india (usa physical presence:1month)
[c] jan2019 - landed jfk
[d] mar2019 - left for india (usa physical presence:2months)
[e] aug2019 - landed jfk
[f] jan2020 - left for india (usa physical presence:5months) (obtained re-entry permit) (just before covid)
[#] (usa physical presence till [f]:8months )
[g] aug2022 - landed jfk (after 29months absence - with reentry permit)
[h] jan2023 - left for india (usa physical presence:6months)
[i] sep2023 - landed jfk
[j] mar2024 - left for india (usa physical presence:7months)
[k] jun24 - landed jfk
[l] jan25 - 'booked' ticket to india (usa physical presence would be:7months)
[@] (total usa physial presence [g] till [l]: 20months )
[m] may25 - planning usa trip
[n] oct25 - planning to leave for india (usa physial presence would be:6months)
[o] may26 - planning usa trip
[p] nov26 - planning to leave for india (usa physial presence would be:7months)
[~] (total usa physial presence [g] till [p] would be:33months )


if [#] & [@] sum is 28 months usa physical presence,mathematically i would be just short by 2 months for citizenship application.
but, from what i learned, since i had an absence of 29months([f] to [g] - albeit, with reentry permit),
my stay/presence in usa will be reset to 0 & my usa presence will be considered only [g] onward.
-does it mean, i would still now have to have a presence in usa for 10 more months ([m] onward) (without any 6+ months absence)
to apply for citizenship.
-(with no break in continous physical presence) can i apply for citizenship immediately after 30months physical presence ([g] onward),
or will still have to wait till aug2026 (4yrs1day regulation), inspite of 30months usa presence([g] onward) will predate aug2026.


-another scenario-

my wife obtained citizenship in sep2023. usa passport in oct2023.
can i still apply/gain citizenship after 3 yrs, now regardless of 30months presence/4yrs1day regulation).
::do my wife still have to register/fill any form/pay any fees...(for sponsoring my citizenship)
or i would gain citizenship after 3 yrs by default. (regardless any form filed/registered/paid fees... or not).::

thanks for your time.

[newacct]

After an absence of more than 1 year, the soonest you can apply under the 5-year rule is either 4 years and 1 day after your return (August 2026) or 4 years and 6 months after your return (February 2027). It is 4 years and 1 day if you can provide strong enough evidence that would have overcome the presumption of interrupting continuous residence for an absence of less than 1 year; otherwise, it is 4 years and 6 months. See https://www.uscis.gov/policy-manual/...hapter-3#S-C-2

In addition, each absence of between 6 months and 1 year (including the absence from Jan to Sep 2023, and the planned absence from Oct 2025 to May 2026) creates a presumption that you interrupted continuous residence, which you would have to overcome with strong evidence. See https://www.uscis.gov/policy-manual/...hapter-3#S-C-1

The physical presence requirement is you need to have had physical presence for at least half of the continuous residence period, so 30 months out of the last 5 years if you are applying under the 5-year rule. The first time that a 5-year window would contain 30 months of physical presence is the 5-year window before about September 2026. At that point, you could apply, but only if officer determines your evidence is strong enough to overcome the presumption, in order for you to use the 4-year-and-1-day rule, and if the officer also determines that you overcame the presumption for the 6+ month absences in 2023 and 2025-2026. If you wait until after February 2027, when you can use 4 years and 6 months, but you would still have to overcome the presumption for the 6+ month absences in 2023 and 2025-2026.

You cannot use the 3-year rule until your wife has been a citizen for 3 years, so that is at least September 2026. At that point, you would have had continuous residence for the last 3 years, with no absences of more than 1 year, though you would still have had one absences of between 6 months and 1 year within that 3-year window (the planned absence from Oct 2025 to May 2026). You would have had well more than 18 months of physical presence in the 3-year window before September 2026, so that is not a problem. I would say the safest plan for you would be to reduce the planned absence from Oct 2025 to May 2026 to less than 6 months, and then apply under the 3-year rule 3 years after your wife became a citizen (in September 2026). That way, you wouldn't have to overcome the presumption on any absence.