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Nicolasrm

Military spouse naturalization overseas

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My husband and I are stationed overseas on military orders ( in which I'm his dependent ) and we will stay two years overseas ! I am a conditional green card holder and my question is : may I be eligible for naturalization being overseas under military orders and being a resident only since one year ?

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You have a (conditional) 2 year green card? If yes, then first worry about RoC so you can get 10 year green card. And no, you cannot become a citizen only after being a PR for a year.............. 3 years or 5 years. Just like everyone. (unless he's deploying then you might be qualified for expedite but there is a whole bunch of requirements to meet)

When it comes to naturalization itself when you're oversees with your husband it works the same as you'd be in the USA. You have to be on his orders though, I believe.

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

Edited by Roel

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YES, you may qualify under INA 319b). The spouse of a ​U.S.​ citizen who ​is ​“regularly stationed abroad” in ​qualifying employment ​may be eligible for naturalization on the basis of their marriage​.​S​pouses ​otherwise eligible ​under this provision are exempt from the continuous residence and physical presence requirements for naturalization​.

http://www.visajourney.com/forums/topic/175821-n-400-expedited-naturalization-via-section-319b/

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Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

Umm....

DEPLOYED is something different than being stationed oversees, like in Germany for example. You can seriously expedite citizenship (while completely skipping ROC) just because you move with your military spouse to Europe...?

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

Section A: S​pouses ​otherwise eligible ​under this provision are exempt from the continuous residence and physical presence requirements for naturalization​

Section C: Qualifying employment abroad means to be under employment contract or orders​and to assume the duties of employment​in any of following entities​ or positions​: Government of the ​United States​ (including the ​U.S.​ armed forces)

Section D: A​ person applying f​or naturalization based on marriage to a U.S. citizen ​employed abroad ​must establish that his or her citizen spouse is regularly stationed abroad​. ​A citizen spouse is regularly stationed abroad if he or she engages in qualifying employment abroad for at least one year

Section E: Spouses of ​U.S.​ citizens who are regularly stationed abroad under qualifying employmen​t may be eligible to ​file for​ naturaliz​ation​ immediately after obtaining LPR status in the ​United States​. Such spouses are ​not required to have any prior period of residence or specified period of physical presence within the ​United States​ in order to qualify for naturalization.

The three and five year rules for overseas naturalization apply to sections 319(a) of the INA for three years and 316(a) of the INA for five years without having to travel to the United States for any part of the process, however filing must be made to the relevant address in the United States, after which the file is passed to the applicant's embassy/consulate of choice for final processing, oath ceremony etc. (see last para of section A)

Edited by Sunflower18

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On 28 December 2016 at 8:12 PM, Roel said:

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

Umm....

DEPLOYED is something different than being stationed oversees, like in Germany for example. You can seriously expedite citizenship (while completely skipping ROC) just because you move with your military spouse to Europe...?

Yes, stationed or deployed whatever, meaning Permenent Change of Station  in case the spouse of the US citizen on orders and reside together. Not only "just because you move with your military spouse to Europe". There are still certain  requirements like the spouse should have at least one year of overseas employment  left from the time of filing. Usually it actually never comes to PCSing for one year.  Some people have to apply from overseas as they get stationed and  live abroad forever and only get a small chance to travel back to the states to cross the border to obtain the green card and are never able to meet the residence requirements. Others have been married overseas for a long before they even apply for a spouse visa. How long would they have to wait then to become citizens???? A very fair process for those whose spouses work overseas. Otherwise those spouses would lose their green cards or it would take them ages to be eligible to naturalize. 

Edited by Lenchick

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