Residency & Military Overseas Assignment

[Stella08 0]

I'm new here and I've been searching for this topic but couldn't find anything that compares to my case. I have found cases where people were on military orders to go overseas or were living overseas on military orders at the time and I found information that they were eligible to apply for citizenship. My case is a little bit different.

I am a military spouse and I have been a LPR since 1999. We lived in the States from 1999 to 2003. In 2003 the military sent us overseas and I have orders with my name on them. In 2007 we were moved back to the States, I also have military orders for that. Now I found the following memorandum which, if I read it correctly, states that I didn't break my residency and physical presence requirements:

http://www.uscis.gov/files/nativedocuments...o_08-15-08).pdf

But I was wondering if anyone actually has become a citizen after their military overseas assignment. As I said, all the cases I could find were people who were either getting ready to move overseas or who were living overseas already. My understanding is, that if you have at least one year of your overseas tour left, you qualify for expedited naturalization and you don't even have to meet any residency requirements as long as you're a Greencard holder. But what about the military spouses who have been overseas already and have returned to the US? Has their residency been interrupted by the overseas assignment?

[Stella08 0]

Nobody?

[Laura+Tom 2]

Have you checked this out? http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Edited to add: From this page http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Edited January 1, 2009 by Laura+Tom

[Stella08 0]

Have you checked this out? http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Edited to add: From this page http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Thank you for your reply.

The first link applies to spouses who are currently stationed overseas. I know that they can apply for citizenship without any problems as long as their assignment lasts at least another year and they're LPRs (they even don't have to comply with residency requirements). My question was, if anybody has applied for citizenship after their overseas assignment ended and they have returned to the United States. I do assume that my time overseas on military orders is considered as time that I resided in the US. But it would have been great if anybody in this forum actually had applied for citizenship successfully after an overseas assignment.

Well, since I applied in December, I guess I'll find out this year if my assumption was right.

Thanks again for your reply.

[Laura+Tom 2]

Have you checked this out? http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Edited to add: From this page http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Thank you for your reply.

The first link applies to spouses who are currently stationed overseas. I know that they can apply for citizenship without any problems as long as their assignment lasts at least another year and they're LPRs (they even don't have to comply with residency requirements). My question was, if anybody has applied for citizenship after their overseas assignment ended and they have returned to the United States. I do assume that my time overseas on military orders is considered as time that I resided in the US. But it would have been great if anybody in this forum actually had applied for citizenship successfully after an overseas assignment.

Well, since I applied in December, I guess I'll find out this year if my assumption was right.

Thanks again for your reply.

I have read somewhere that time overseas counts as time in the US but can't remember where. Have you rung the USCIS military hotline? I'm sure if it's possible for spouses to be naturalized in Germany (a USCIS news story) then overseas time will count.

[Laura+Tom 2]

There is a small section here http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD see bolded parts.

Naturalization: Waivers, Exceptions, and Special Cases

This page, part of the Naturalization information, lists some of the Waivers, Exceptions and Special Cases to the normal waiting period of five (5) years before attaining minimum eligibility to apply for Naturalization.

Family Members of U.S. Citizens

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

the U.S. Government (including the U.S. Armed Forces);

American research institutes recognized by the Attorney General;

recognized U.S. religious organizations;

U.S. research institutions;

an American firm engaged in the development of foreign trade and commerce of the United States; or

certain public international organizations involving the United States.

[Stella08 0]

Thank you!

I'll keep you updated about my personal experience in this matter.

[Laura+Tom 2]

Thank you!

I'll keep you updated about my personal experience in this matter.

Thanks! That would be great. Might be useful to others including myself.

Edited January 1, 2009 by Laura+Tom

[Stella08 0]

Thank you!

I'll keep you updated about my personal experience in this matter.

Thanks! That would be great. Might be useful to others including myself.

Why don't you apply while you're overseas? If I would have known that this is easier and even qualifies me for expedited naturalization, I would have done that myself.

[Laura+Tom 2]

Well I haven't got my K1 visa yet. It'll be a few years before I apply for naturalization.

[Stella08 0]

Oops... I just saw your blog. I guess you're doing K1 right now. Well, good luck to you guys!

[Laura+Tom 2]

Thanks! Good luck with yours too.

[Stella08 0]

Thanks! Good luck with yours too.

Thank you!

BTW, my husband and I had a long distance relationship for almost three years (and this was before internet and cheap phonecalls), so I know what it's like to be apart. But you have better times to look forward to. This year we'll celebrate our 15th wedding anniversary.

Edited January 1, 2009 by Stella08

[katjaworld 0]

Hi Stella,

I'm in exactly the same position as you are. Military wife, LPR, lived in the US from 1997 till 2002, then moved with hubby with military orders to Germany till now. We're pcsing to VA in a few months. When I found out about the expedited 319b naturalization procedure we did not have enough time on our orders left to apply. I had the same question as you had and asked the USCIS Frankfurt who told me I had to wait 18 months after getting to the States untill I could apply for naturalization. If that's true (I tend to double check info as you receive so many conflicting answers from uscis personnel), then that's so unfair. For military members time overseas counts as time in the US, but I have not found anything concrete stating the same is true for spouses. Let me know what you find out and I'll do the same. Good luck!

[Stella08 0]

Hi Stella,

I'm in exactly the same position as you are. Military wife, LPR, lived in the US from 1997 till 2002, then moved with hubby with military orders to Germany till now. We're pcsing to VA in a few months. When I found out about the expedited 319b naturalization procedure we did not have enough time on our orders left to apply. I had the same question as you had and asked the USCIS Frankfurt who told me I had to wait 18 months after getting to the States untill I could apply for naturalization. If that's true (I tend to double check info as you receive so many conflicting answers from uscis personnel), then that's so unfair. For military members time overseas counts as time in the US, but I have not found anything concrete stating the same is true for spouses. Let me know what you find out and I'll do the same. Good luck!

18 months? Well, in that case I applied a few weeks too early. I'll let you know what they tell me at my interview. I have this memorandum which doesn't mention anything about 18 months etc. I think a lot of times the immigration officers themselves are not 100% familiar with all the regulations, especially when it differs from the regular cases. I hope we won't have any problems though. But I'm ready to present my case. B)