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spooky
Hello, I have a question. My husband is active duty military currantly stationed in korea, and returning next month. He has orders to go on another 15 month assighnment in a few months. I am a permanent resident since 2001 and have been married to my husband since 1999. While my husband is in korea i stayed with my family in my home country for 11 months. I know i broke the continious residency requirement for naturalization. But my question is this. Can i apply naturalization based on 319(cool.gif because of my husbands orders? His orders are unaccompanied but i have read somewhere that i will need a letter from his commanding officer staing that the military will permit me to go stay with my husband on our own expense, i will need to show proof that i am going to be with my husbad (aka airline tickey, which i have) and my husbands orders. Does anybody know anything about that? Also my husbands assighnment starts apri and i have a airline ticket for that month. I am planning to apply in the next 3 weeks. I know that the process can take a while and i can always change the dates on my ticket, would that be a problem during interview. And also i know through applying with the 319(cool.gif rule my husband has to have orders for at least one year by the time of naturalization. What if the process takes too long and by the time of naturalization my husband has barely one year left? Anybody had any similar experiences, please share. I would like to send my appllication soon. If i dont qualify i will apply for re entry permit to be with my husband since we have already been apart for a year. Thanks in advance. (sorry this was long)
spooky
QUOTE(spooky @ Feb 13 2008, 05:43 PM) *
Hello, I have a question. My husband is active duty military currantly stationed in korea, and returning next month. He has orders to go on another 15 month assighnment in a few months. I am a permanent resident since 2001 and have been married to my husband since 1999. While my husband is in korea i stayed with my family in my home country for 11 months. I know i broke the continious residency requirement for naturalization. But my question is this. Can i apply naturalization based on 319(cool.gif because of my husbands orders? His orders are unaccompanied but i have read somewhere that i will need a letter from his commanding officer staing that the military will permit me to go stay with my husband on our own expense, i will need to show proof that i am going to be with my husbad (aka airline tickey, which i have) and my husbands orders. Does anybody know anything about that? Also my husbands assighnment starts apri and i have a airline ticket for that month. I am planning to apply in the next 3 weeks. I know that the process can take a while and i can always change the dates on my ticket, would that be a problem during interview. And also i know through applying with the 319(cool.gif rule my husband has to have orders for at least one year by the time of naturalization. What if the process takes too long and by the time of naturalization my husband has barely one year left? Anybody had any similar experiences, please share. I would like to send my appllication soon. If i dont qualify i will apply for re entry permit to be with my husband since we have already been apart for a year. Thanks in advance. (sorry this was long)


Can anybody help me please. I really need someones opinion in this. Thank you.
bombay

I am also on active duty and i think you should aks ur husband to check with his admin dept about this situation.
i know for a fact that if you could accompany him on his orders you can apply for naturalization from overseas
but if ur going on ur own im not sure the best thing is to check with admin and also call uscis and aks a agent urself
to be sure or take an info pass appointment at ur local immigration offfice and speak to someone there and explain
ur situation.
best of luck
spooky
CIS regulations at 8 CFR 319.11(cool.gif:



319.11(cool.gif Applications by military spouses.

(1) General. The alien spouses of United States military personnel being assigned abroad must satisfy the basic requirements of section 319(cool.gif of the Act and of paragraph (a) of this section.

(2) Government expense. In the event that transportation expenses abroad for the alien spouse are to be paid by military authorities, a properly executed Certificate of Overseas Assignment to Support Application to File Petition for Naturalization, DD Form 1278 will be submitted in lieu of the statement of intent required by paragraph (a) of this section. Any DD Form 1278 issued more than 90 days in advance of departure is unacceptable for purposes of this section.

(3) Private expense. In the event that the alien spouse is not authorized to travel abroad at military expense, the alien spouse must submit in lieu of the statement of intent required by paragraph (a) of this section:

(i) A copy of the citizen spouse's military travel orders,
(ii) A letter from the citizen spouse's commanding officer indicating that the military has no objection to the applicant traveling to and residing in the vicinity of the citizen spouse's new duty station; and
(iii) Evidence of transportation arrangements to the new duty station.

So i am eligible just need my husbands commander to write that letter. I dont knw if they will or not, i hope they do. Anyway i will let you guys know about how it goes. I have an infopass appointment for the 28th and i will ask them too. But i am getting the application together so i can send it in as soon as after the infopass.
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