Residency & Military Overseas Assignment

[Stella08 0]

BTW, we fall under Section 319 (e)

(e) (1) 3/ In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a) , as residence and physical presence in--

(A) the United States; and

(B) any State or district of the Department of Homeland Security in the United States.

(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).

[Stella08 0]

I've been in touch with another military spouse who returned from an overseas assignment last summer. She filed for citizenship in September and got approved yesterday. All the IO wanted to see were her military orders for the time overseas. She also asked her if her husband still was active duty. So, I hope it's going to be as easy for us. And it proves again that the consulate doesn't always know what they're talking about.

[Stella08 0]

Just wanted to give an update. I had my interview about two weeks ago and I got approved.

The officer told me that under President Bush the law had changed and the time you are/were stationed overseas counts towards your physical presence and residency. Before then this wasn't the case.

And as always, if you do have orders to move overseas for at least one year, you always can apply under Section 319b and do expedited citizenship without having to fulfill the three-year-rule etc. Washington D.C. seems to be the office which has a lot of experience with those cases and where you usually experience the least problems. Also, I think you can take the oath there right the same day and also apply for a passport right away. I have a friend who even received her passport the same or next day (but I think she did that at the different office).

[His_Wifey 1]

Just wanted to give an update. I had my interview about two weeks ago and I got approved.

The officer told me that under President Bush the law had changed and the time you are/were stationed overseas counts towards your physical presence and residency. Before then this wasn't the case.

And as always, if you do have orders to move overseas for at least one year, you always can apply under Section 319b and do expedited citizenship without having to fulfill the three-year-rule etc. Washington D.C. seems to be the office which has a lot of experience with those cases and where you usually experience the least problems. Also, I think you can take the oath there right the same day and also apply for a passport right away. I have a friend who even received her passport the same or next day (but I think she did that at the different office).

Congrats Stella.... do you mean that if the spouse is with the husband on overseas orders one can apply for expedited citizenship at the country where they re at? thanks ang congrats again

[Stella08 0]

Just wanted to give an update. I had my interview about two weeks ago and I got approved.

The officer told me that under President Bush the law had changed and the time you are/were stationed overseas counts towards your physical presence and residency. Before then this wasn't the case.

And as always, if you do have orders to move overseas for at least one year, you always can apply under Section 319b and do expedited citizenship without having to fulfill the three-year-rule etc. Washington D.C. seems to be the office which has a lot of experience with those cases and where you usually experience the least problems. Also, I think you can take the oath there right the same day and also apply for a passport right away. I have a friend who even received her passport the same or next day (but I think she did that at the different office).

Congrats Stella.... do you mean that if the spouse is with the husband on overseas orders one can apply for expedited citizenship at the country where they re at? thanks ang congrats again

If you are currently on orders overseas and have at least one year on this assignment left, you can apply for expedited naturalization overseas (I couldn't do that since we already had returned from overseas). In your case you fall under Section 319b which you can look up at the USCIS website. Also, we have several threads and great info about Section 319b in this forum.

Just read through all of Section 319 and also the memorandum which I posted in my first posting in this thread and you'll get all the info you need and you can see what fits your specific case.

Good luck!

[His_Wifey 1]

Just wanted to give an update. I had my interview about two weeks ago and I got approved.

The officer told me that under President Bush the law had changed and the time you are/were stationed overseas counts towards your physical presence and residency. Before then this wasn't the case.

And as always, if you do have orders to move overseas for at least one year, you always can apply under Section 319b and do expedited citizenship without having to fulfill the three-year-rule etc. Washington D.C. seems to be the office which has a lot of experience with those cases and where you usually experience the least problems. Also, I think you can take the oath there right the same day and also apply for a passport right away. I have a friend who even received her passport the same or next day (but I think she did that at the different office).

Congrats Stella.... do you mean that if the spouse is with the husband on overseas orders one can apply for expedited citizenship at the country where they re at? thanks ang congrats again

If you are currently on orders overseas and have at least one year on this assignment left, you can apply for expedited naturalization overseas (I couldn't do that since we already had returned from overseas). In your case you fall under Section 319b which you can look up at the USCIS website. Also, we have several threads and great info about Section 319b in this forum.

Just read through all of Section 319 and also the memorandum which I posted in my first posting in this thread and you'll get all the info you need and you can see what fits your specific case.

Good luck!

Thanks a lot Stella... I'm still waiting to get my greencard but i know that next year we ll be in military orders outside the USA for over a year.... i ll be checking section 319B and see exactly what it says... thanks again

[Stella08 0]

As soon as you have orders in your hand, you also can apply before you're leaving the States and finish the whole process here.

[His_Wifey 1]

As soon as you have orders in your hand, you also can apply before you're leaving the States and finish the whole process here.

even though if i ll be a conditional residence (CR1) ? we wont be married for 2 years till then....

[Stella08 0]

As soon as you have orders in your hand, you also can apply before you're leaving the States and finish the whole process here.

even though if i ll be a conditional residence (CR1) ? we wont be married for 2 years till then....

Yes, if you file under 319b you don't have to fulfill the residency and physical presence requirements and it doesn't matter how long you have been married. All that you need is your military orders and you must be a permanent resident. That's it. It's really the easiest and fasted way to become a US citizen. My IO especially reminded me of Section 319b because, as he said, "You might want to tell other military spouses about it".

When you file your N-400, make sure you make it clear that you file under 319b and attach a copy of your orders to the application. Also, mail it to the Service Center in Nebraska which handles military cases.

[His_Wifey 1]

As soon as you have orders in your hand, you also can apply before you're leaving the States and finish the whole process here.

even though if i ll be a conditional residence (CR1) ? we wont be married for 2 years till then....

Yes, if you file under 319b you don't have to fulfill the residency and physical presence requirements and it doesn't matter how long you have been married. All that you need is your military orders and you must be a permanent resident. That's it. It's really the easiest and fasted way to become a US citizen. My IO especially reminded me of Section 319b because, as he said, "You might want to tell other military spouses about it".

When you file your N-400, make sure you make it clear that you file under 319b and attach a copy of your orders to the application. Also, mail it to the Service Center in Nebraska which handles military cases.

oh ok... im still trying to figure out the greencard part so i ll make sure that i will do so when i obtain this one first.... and thanks a lot... i read on that memorandum that on the overseas orders there must be written the spouse name too....i have to make sure about that one....that my name will be listed on the orders as wel

[Stella08 0]

Yes, having your name on the orders is important. Usually, if you're Command sponsored (to qualify for transportation, housing etc.), your name will be put on.

[His_Wifey 1]

Yes, having your name on the orders is important. Usually, if you're Command sponsored (to qualify for transportation, housing etc.), your name will be put on.

I have to ask hubby about that... we just got married last december and the military is all new to me....all this is totally new to be honest!

[Stella08 0]

Yes, having your name on the orders is important. Usually, if you're Command sponsored (to qualify for transportation, housing etc.), your name will be put on.

I have to ask hubby about that... we just got married last december and the military is all new to me....all this is totally new to be honest!

LOL I bet.

My husband is retiring from the Army this year and we've been together for 19 years. Took me a long time to learn about all the specific things and to be honest, I'm still learning.

[His_Wifey 1]

Yes, having your name on the orders is important. Usually, if you're Command sponsored (to qualify for transportation, housing etc.), your name will be put on.

I have to ask hubby about that... we just got married last december and the military is all new to me....all this is totally new to be honest!

LOL I bet.

My husband is retiring from the Army this year and we've been together for 19 years. Took me a long time to learn about all the specific things and to be honest, I'm still learning.

thats just great!! hubby still have 10 years to retire... hes navy.... its so difficult to be a military spouse....especially during deployments.... its too durn difficult.... it s great to talk to someone whos in the same boat as well