Military Spouse - Overseas

[Bkaur 0]

Hello All,

I am a Military Spouse. We are currently stationed in Germany have been since December 2011. I received my Green card Jan 2011 (for 10 years based on being married for 3 years when we applied). My question is when am I eligible to apply for citizenship? I called the USCIS but to be honest was more confused after the call. I then wrote an e-mail to the USCIS office in Frankfurt who said I can file under 319b, but would have to travel to the US to be Naturalized. So does this mean we can apply for my citizenship now? I'm still confused to be honest. We will be stationed in Germany for at least 3 years. Here is the response from the USCIS office in Frankfurt -

Unfortunately you don’t meet the requirements for section 319e yet.

You must have been a permanent resident for at least 3 years.

And under section 319b, you’ll have to travel to the US.

USCIS FRANKFURT

Any information you could provide would be great.

Many Thanks.

[Inky 1,110]

Overseas Naturalization for Spouses of Military Members

The National Defense Authorization Act for Fiscal Year 2008 added Section 319(e) to the INA which allows certain eligible spouses of service members to naturalize abroad without traveling to the United States for any part of the naturalization process and also treats qualifying residence abroad as residence and physical presence in the U.S. for purposes of naturalization.

In general, to be eligible for naturalization abroad pursuant to section 319(e) of the INA, the permanent resident spouse of a member of the U.S. armed forces must:

• Be authorized to accompany the service member abroad pursuant to the member's official orders

• Be residing abroad with the member in marital union
• Meet the requirements of either Section 316(a) or 319(a) of the INA at the time of filing the naturalization application, except for the residence and physical presence requirements.

Section 319(a) applies to spouses of U.S. citizens who have been permanent residents for 3 years immediately preceding the date of filing the naturalization application and who have lived in marital union with their citizen spouses for at least those 3 years. Section 316(a) applies to spouses who have been permanent residents for 5 years immediately preceding the date of filing the naturalization application.

For more information, including how to apply, see the "Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. armed forces" link to the right.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=198e27964cebc110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov...000082ca60aRCRD

Edited May 3, 2012 by Inky

[Bkaur 0]

Thank you, So I need to be a resident for 3 years if I want to be naturalized here in Germany? If not, then can I apply now and travel back to the US to be naturalized? Sorry if I have repeated myself.

[Inky 1,110]

Thank you, So I need to be a resident for 3 years if I want to be naturalized here in Germany? If not, then can I apply now and travel back to the US to be naturalized? Sorry if I have repeated myself.

Correct. Need to be not only married to him for 3 years but also a resident for 3 years to apply from overseas ( and not have to come back to USA ).

I don't think you have to go to the USA for the biometrics, I think you can send in a finger print card and passport photos?(double check that on the instructions page first though)

But you would have to return for the interview and then for the oath ( if they don't give you a same day oath. )

[ConcordUser 18]

Welcome to the forum. Have you checked with your Navy resources. Navy and military has excellent support services to deal with the immigration issues. You might want to search the forum and you'll find lot of information. I beleive there is also a seperate phone line for the immigration issues of military personal and family.