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keshalaurent

Military Spouse- Eligible for Naturalization?

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Hi, I am a 2 yr GC holder, my husband got orders to Japan next year and it's accompanied. We will be living in Japan for three years. My question is, am I qualified to apply for my naturalization without applying for a 10 yr GC?

Based on N400 form who's eligible question, we should check this right?

"Are a Permanent Resident of the US, and you are the spouse of the US citizen, and your US citizen spouse is regularly engaged in specified employment abroad. (Section 319 (b) of the Immigration and Nationality Act)"

Thank you!

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Military is not something I know much about.

But, I do not see a way to go from conditional 2 yr. GC to N-400. Some where the ROC procedure should come into play.

This is just a guess from some one, who is just trying to help.

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No timeline so people can't give you the right answer. When did you get your green card and when exactly are you moving to Japan?


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Military is not something I know much about.

But, I do not see a way to go from conditional 2 yr. GC to N-400. Some where the ROC procedure should come into play.

This is just a guess from some one, who is just trying to help.

Thank you, I just want to confirm it. I also asked this question on a Facebook group, and they said I'm eligible, some shared their experiences too.

No timeline so people can't give you the right answer. When did you get your green card and when exactly are you moving to Japan?

I'm sorry, I will add my timeline. I got my GC on August 29th, 2014

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Thank you, I just want to confirm it. I also asked this question on a Facebook group, and they said I'm eligible, some shared their experiences too.

I'm sorry, I will add my timeline. I got my GC on August 29th, 2014

And WHEN are you going to Japan on mil orders in 2016?


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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You'll have to remove conditions first as you will be within 90 days of GC expiration when you move:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

At the same time, if you're within 45 days of being posted overseas you can file for expedited naturalization so you can be naturalized before you depart the US. Your family advocacy office should be able to help with this.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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You'll have to remove conditions first as you will be within 90 days of GC expiration when you move:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

At the same time, if you're within 45 days of being posted overseas you can file for expedited naturalization so you can be naturalized before you depart the US. Your family advocacy office should be able to help with this.

I'm reading these links; and based on my understanding I can apply as long as I'm a permanent resident which I am now until we leave to Japan next year.

http://www.uscis.gov/military/citizenship-military-personnel-family-members/citizenship-spouses-and-children-military-members

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

http://pjclaw.net/uscitizenship/expedited-naturalization-under-319b/

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You'll have to remove conditions first as you will be within 90 days of GC expiration when you move:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

At the same time, if you're within 45 days of being posted overseas you can file for expedited naturalization so you can be naturalized before you depart the US. Your family advocacy office should be able to help with this.

And also based on the link you sent: I read this:

In general, ​USCIS requires that an applicant for naturalization ​must have an approved petition to remove conditions before an officer adjudicates the naturalization application​. However, certain CPRs may be eligible for naturalization without filing a petition or​having the conditions removed ​if ​applying for naturalization on the basis of​:​

M​arriage to a U.S. citizen employed abroad​;​or​

Q​ualifying military service.​ [4

2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad​

A ​spouse ​of a U.S. citizen ​employed abroad​based on authorized employment ​is not required to have any specific period of residence or physical presence in order to naturalize.​ [9] Consequently, a CPR spouse ​is not required to file the petition to remove conditions if the spouse​ file​s​ his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence.​ [10]

A CPR spouse ​of a ​U.S.​ citizen ​employed abroad​ may​ naturalize​without ​filing a petition t​o remove conditions if:​

The CPR spouse ​has been a CPR for less than one year and nine months​; and​

The CPR spouse does not reach the 90-day filing period​ for ​the petition to remove conditions ​prior to ​the final adjudication of​ his or her ​naturalization application ​or​the ​time of ​the ​Oath of Allegiance.​ [11]

Even though the ​CPR spouse​ is ​not required to file the petition to remove conditions,​ he or she must satisfy ​the substantive​requirements for ​removal of the ​condition​s​.​ [12] Therefore, ​the​ CPR spouse must​establish that:​

The marriage was entered into in accordance with the laws of the place where the marriage occurred;​

The marriage has not been judicially annulled or terminated;​

The marriage was not entered into for the purpose of procuring an alien's​ admission as an immigrant; and​

No fee or other consideration was given (other than attorney's fees) for filing the immigrant or fiancé(e) visa petition that forms the basis ​for​ admission to the ​United States​.​ [13]

An officer must not approve a CPR spouse’s naturalization application unless the spouse​ meets ​the​se​ requirements​

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I think if you have a 2yrs Card there is nothing they can do or that's what I was told by my spouse's agency who's taking care of my naturalization (I have the interview on the 14th of july)


Marriage

06/20/2010: Met Online

09/05/2012: Marriage in Pretoria, South Africa

I-130

03/24/2013: Package I-130 was sent to Chicago Lockbox
04/01/2013: NOA1 Hard Copy
07/26/2013: Infopass
07/30/2013: RFE Received
08/05/2013: RFE Sent
05/01/2014: NOA2 Hard Copy

The process took almost 14 months (well ... that really sucks)

AOS

05/05/2014: Package I-485, I-765 and I-131 Sent
05/16/2014: NOA1 Hard Copy( I-765, I-485 )

05/28/2014: Biometric Appointment ( 15 days earlier than scheduled )

06/04/2014: RFE ( Sponsor's Proof of Employment )

06/06/2014: RFE Sent

07/30/2014: EAD/AP Received

09/23/2014: Interview

10/03/2014: Case Approved
10/09/2014: GC Received (10 YRS)

N-400

Qualified by 319b

05/02/2015: Fingerprints in the US embassy

05/04/2015: N-400 sent

05/19/2015: Cash checked

05/21/2015: NOA1

06/08/2015: In-Line for an Interview

07/21/2015: Interview

07/21/2015: Oath Ceremony ... I'm a U.S. Citizen

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it would seem my earlier post is in error, and it seems that there is a "slight" way you may be able to do this.

Since your husband is active military, his service is so appreciated. His wife should be given all than can be, according to US immigration laws.

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I don't think it matters if her husband is active or reserve. You have to have the 10yrs GC


Marriage

06/20/2010: Met Online

09/05/2012: Marriage in Pretoria, South Africa

I-130

03/24/2013: Package I-130 was sent to Chicago Lockbox
04/01/2013: NOA1 Hard Copy
07/26/2013: Infopass
07/30/2013: RFE Received
08/05/2013: RFE Sent
05/01/2014: NOA2 Hard Copy

The process took almost 14 months (well ... that really sucks)

AOS

05/05/2014: Package I-485, I-765 and I-131 Sent
05/16/2014: NOA1 Hard Copy( I-765, I-485 )

05/28/2014: Biometric Appointment ( 15 days earlier than scheduled )

06/04/2014: RFE ( Sponsor's Proof of Employment )

06/06/2014: RFE Sent

07/30/2014: EAD/AP Received

09/23/2014: Interview

10/03/2014: Case Approved
10/09/2014: GC Received (10 YRS)

N-400

Qualified by 319b

05/02/2015: Fingerprints in the US embassy

05/04/2015: N-400 sent

05/19/2015: Cash checked

05/21/2015: NOA1

06/08/2015: In-Line for an Interview

07/21/2015: Interview

07/21/2015: Oath Ceremony ... I'm a U.S. Citizen

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I don't think it matters if her husband is active or reserve. You have to have the 10yrs GC

I don't think I need to have the 10 yr GC, based on the USCIS website:

2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad​

A ​spouse ​of a U.S. citizen ​employed abroad​based on authorized employmentis not required to have any specific period of residence or physical presence in order to naturalize.​ [9] Consequently, a CPR spouse ​is not required to file the petition to remove conditions if the spouse​ file​s​ his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence. [10]

A CPR spouse ​of a ​U.S.​ citizen ​employed abroad​ may​ naturalize​without ​filing a petition t​o remove conditions if:​

The CPR spouse ​has been a CPR for less than one year and nine months​; and​

The CPR spouse does not reach the 90-day filing period​ for ​the petition to remove conditions ​prior to ​the final adjudication of​ his or her ​naturalization application ​or​the ​time of ​the ​Oath of Allegiance.​ [11]

Even though the ​CPR spouse​ is ​not required to file the petition to remove conditions,​ he or she must satisfy ​the substantive​requirements for ​removal of the ​condition​s​.​ [12] Therefore, ​the​ CPR spouse must​establish that:​

The marriage was entered into in accordance with the laws of the place where the marriage occurred;​

The marriage has not been judicially annulled or terminated;​

The marriage was not entered into for the purpose of procuring an alien's​ admission as an immigrant; and​

No fee or other consideration was given (other than attorney's fees) for filing the immigrant or fiancé(e) visa petition that forms the basis ​for​ admission to the ​United States​.​ [

SOurce: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

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