Stationed in Germany

[Robocox 0]

My wife is a German Citizen at this time, I have already sent in an application (I-130) and it is currently being processed in California (Im in Afghanistan, otherwise I would have done it at the Frankfurt Cons.)

I just recently found out that I will be getting stationed BACK in Germany in March 2013, My wife will still obviously have her Green Card status or w.e by then, and If I'm not mistaken, you cannot leave the United States for more then 1 year or you lose your green card....I will be getting her Command Sponsored by the Command in Germany, I am just wondering if we will have to travel to the US at least once a year for her to not lose her Green card, or does being stationed with the military under official orders render this rule void and count as US SOIL??

Any help on this topic would be greatly appreciated.

I apologize if this is the wrong forum for this, but I couldn't find any other.

[MattandJihyun 4]

My wife is a German Citizen at this time, I have already sent in an application (I-130) and it is currently being processed in California (Im in Afghanistan, otherwise I would have done it at the Frankfurt Cons.)

I just recently found out that I will be getting stationed BACK in Germany in March 2013, My wife will still obviously have her Green Card status or w.e by then, and If I'm not mistaken, you cannot leave the United States for more then 1 year or you lose your green card....I will be getting her Command Sponsored by the Command in Germany, I am just wondering if we will have to travel to the US at least once a year for her to not lose her Green card, or does being stationed with the military under official orders render this rule void and count as US SOIL??

Any help on this topic would be greatly appreciated.

I apologize if this is the wrong forum for this, but I couldn't find any other.

I'm military as well. I'm not 100% sure so don't take my word for it, but I believe I read on one of the US citizen & immigration websites that for military cases having orders to live in a foreign country counts towards "US soil". Hopefully someone else can verify it for me. It makes sense though. It's not your fault if the government assigns you outside of the United States so another country should still count towards US domicile.

[Ryan H 3,796]

Moved from DCF forum to General Immigration-Related Discussion; OP filed petition at stateside lockbox. OP's question is regarding spouse maintaining LPR status while OP is stationed overseas on military orders.

[Robocox 0]

Thank you, yea after a little bit more digging I found some Yahoo! answers and some Military answers and stuff, so looks like Im good to go

[Stephen + Elisha 92]

You are indeed good to go.

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. Government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the U.S. even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the U.S.

http://travel.state.gov/visa/immigrants/info/info_1333.html

[Robocox 0]

ty =] thhhats a relief

[Penguin_ie 5,986]

**** Moving to our brand new Military forum! *****

[milimelo 4,245]

Once she has her green card, and if you're still stationed in Germany for 12 months or more, you can get her expedited citizenship - look up 319(b) naturalization and talk to your legal/family office.

[Ruffie 22]

It's important that your wife is ON your new orders thus placing her in Germany. If her name is not on there, you might get into a bit of trouble with her greencard.

Or you could just abandon the whole visa process as there's no real need for her to have the greencard at this point and once you get orders to leave Germany, file DCF in Frankfurt.

[Brother Hesekiel 2,235]

Having a Green Card will allow your wife to live with you on U.S. soil. Here comes the shocker: a U.S. military base, whether in Germany, Panama, or anywhere else is U.S. soil. When the Missus leaves the base to get some yummy din din from the Krauts supermarket, she'll be outside the U.S. for as long as it takes to drive back. Of course you want to get her a Green Card ASAP, this way she can become a U.S. citizen earlier. Earlier is good.

[Stephen + Elisha 92]

Here comes the shocker: a U.S. military base, whether in Germany, Panama, or anywhere else is U.S. soil.

This is a common misconception. U.S. military bases abroad are NOT U.S. soil. Under Status of Forces Agreements (SOFA) they are exempt from the jurisdiction of the host countries to varying degrees, but they remain the sovereign territory of the host nation. See, inter alia, 7 FAM 1113 ©: http://www.state.gov/documents/organization/86755.pdf

[Brother Hesekiel 2,235]

This is a common misconception. U.S. military bases abroad are NOT U.S. soil. Under Status of Forces Agreements (SOFA) they are exempt from the jurisdiction of the host countries to varying degrees, but they remain the sovereign territory of the host nation. See, inter alia, 7 FAM 1113 ©: http://www.state.gov...ation/86755.pdf

The reference you provided, as excellent as it is, focusses on transfer of citizenship, in this case based on jus soli. The O.P.'s foreign wife, however, once living on a U.S. military base, would still be subject to the jurisdiction of the U.S. government, and as such she would fulfill the USCIS's U.S. residency requirements even when being outside the U.S. and its territories. That's what I meant to say. Thank you for the source, however; I bookmarked it for future reference.

[Ruffie 22]

The reference you provided, as excellent as it is, focusses on transfer of citizenship, in this case based on jus soli. The O.P.'s foreign wife, however, once living on a U.S. military base, would still be subject to the jurisdiction of the U.S. government, and as such she would fulfill the USCIS's U.S. residency requirements even when being outside the U.S. and its territories. That's what I meant to say. Thank you for the source, however; I bookmarked it for future reference.

Not that I'm trying to be a smart ####, BUT you don't have to live ON a military base overseas in order for the time spent overseas still to count as if you were in the U. S. All that really matters is that GC holder's name is on the soldier's PCS orders.

[Brother Hesekiel 2,235]

Not that I'm trying to be a smart ####, BUT you don't have to live ON a military base overseas in order for the time spent overseas still to count as if you were in the U. S. All that really matters is that GC holder's name is on the soldier's PCS orders.

US soldier is stationed in Krautland for a couple of years. Thai wife with shiny new Green Card is on hubby's PCS orders, yet decides to stay with her mommy in Bangkok instead of enduring the friggin' rain for 2 years. So in this case she does not abandon her resident status?

Really?

[Ruffie 22]

US soldier is stationed in Krautland for a couple of years. Thai wife with shiny new Green Card is on hubby's PCS orders, yet decides to stay with her mommy in Bangkok instead of enduring the friggin' rain for 2 years. So in this case she does not abandon her resident status?

Really?

uhm, obviously my point was that you reside where the military orders put you and not in a different country.