Naturalization Requirement Exception for Spouse of Missionary

[oaaltone 0]

I have a question regarding naturalization procedures.

I am a US Citizen and my wife is a conditional PR. We got married 4/29/07 and her green card has a date of 5/3/07, expiring 5/3/09. We may be going abroad next year (early 2009) to be missionaries.

On page 20 of the Guide to Naturalization it states there is no continuous residency requirements for the spouse of a US Citizen going abroad for "ministerial or priestly functions for a religious denomination or interdenominational organization with a valid presence in the United States."

It appears we're eligible to skip the removal of conditional status step altogether and apply for naturalization under the above exception. Has anyone had experience with this? Thanks!

[oaaltone 0]

The section of immigration law that pertains to this:

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > § 1430 > § 1430. Married persons and employees of certain nonprofit organizations

© Any person who

(1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and

(2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and

(3) who files his application for naturalization while so employed or within six months following the termination thereof, and

(4) who is in the United States at the time of naturalization, and

(5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.

[oaaltone 0]

Actually, the code that more accurately applies to us appears to be:

(B) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

© regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

[diadromous mermaid 36]

I have a question regarding naturalization procedures.

I am a US Citizen and my wife is a conditional PR. We got married 4/29/07 and her green card has a date of 5/3/07, expiring 5/3/09. We may be going abroad next year (early 2009) to be missionaries.

On page 20 of the Guide to Naturalization it states there is no continuous residency requirements for the spouse of a US Citizen going abroad for "ministerial or priestly functions for a religious denomination or interdenominational organization with a valid presence in the United States."

It appears we're eligible to skip the removal of conditional status step altogether and apply for naturalization under the above exception. Has anyone had experience with this? Thanks!

It is explained pretty clearly here:

Section 319(B) of the Immigration and Nationality Act allows a spouse of a US citizen who is employed in certain capacities overseas to expeditiously apply for citizenship. The provision completely waives the residence and physical presence requirements for the spouse.

In order for the spouse to qualify for naturalization under Section 319(B), the citizen spouse must be “regularly stationed abroad” in the employment of the US government, US institutions of research as recognized by the Attorney General (8 C.F.R. Section 316.20(a)), a US corporation (or subsidiary) in the development of foreign trade or commerce of the US or if the citizen spouse is performing ministerial or missionary functions on behalf of a bona fide US organization.

The regulations at 8 Code of Federal Regulations (C.F.R.), implementing Section 319(B), provide more clarity. The citizen spouse need not be permanently assigned abroad, but at the same time the assignment need not be short or casual. The citizen spouse can still be in the US at the time of the other spouse’s naturalization if he or she is proceeding abroad for not less than one year pursuant to an employment contract or orders. 8 C.F.R. Section 319.2(a)(1).

Although the physical presence and continuous presence requirements are waived, the non-citizen spouse must still be a permanent resident. 8 C.F.R. Section 319.2(a)(2). This provision is immensely useful for spouses of US citizens who are employed for subsidiaries or branches of US corporations in other countries. The non-citizen spouse need not remain in the US to meet the three years of continuous residence before filing Form N-400, out of which at least half the time must have been spent physically in the US, as mandated under Section 319(a) of the Immigration and Nationality Act.

The eligible spouse has to file Form N-400, which can be done from overseas too, with the appropriate Service Center. The Service Center will schedule the fingerprint appointment at the appropriate US embassy or consulate overseas. The spouse can designate any USCIS office for a naturalization interview. .....

http://www.ilw.com/articles/2006,0525-mehta.shtm