Spouse of US Citizen living abroad N470/N400

[markc 0]

Hi,

First off thanks for reading this. I'm a US citizen and my wife is a green card holder 2.5 years. I'm planning on starting the UK branch of my company and we are planning to move next week.

In anticipation of this event, we filed out I-751 and the I-131 (Re-entry permit); My wife also completed the biometrics appointment. So hopefully we checked these boxes.

Now I'm thinking that we need to fill out the N-470 form to preserve my wife's LRS (Legal resident status). However, on the applicatoin I noticed that the only option that would possibley pertain to my wife - An American Corporation, or a subsidiary thereof, to engage in the development of foreign trade and commerce in the United States - But my wife will not work. She is pregenant and not expected to work while in the UK. So not sure we should even use this form.

Then, I read somewhere else that my wife could be except frm the 5 years of continuous residency since I am an american citizen and she could fill out the fast track citizen application - i believe this is known as an N-400 form.

Please help. Thanks again!

- Adam

[blk 87]

Hi if your wife wants to get her US citizenship she can do it before 5 years as long as she has been married to a US citizen & held a green card for 3 years, & you can start the prosses 90 days before the 3 anniversary of having a green card.

Brian

Edited March 2, 2014 by blk

[NigeriaorBust 4,087]

But she has to meet residency requirements , both total time in the US as being in the district where she files in the 90 days prior to filing.

[markc 0]

Right but I read if we move back to the US before 90 days of filing the form it would not interupt her time. We plan to be outside of the US for 2 years.

Also you never answer the question - Does the N-470 apply to us?

[markc 0]

INA 319(b) Expedited Naturalization

If you are married to a US citizen working for certain organizations overseas, you may be able to naturalize without having resided at all in the United States. This is sometimes called “expedited” naturalization and is authorized under section 319(b) of the Immigration and Nationality Act.

The purpose of INA section 319(b) is to allow people to reside abroad with their USC spouses. Without the law, legal permanent residents might abandon their permanent residence by spending too much time out of the country, or their USC spouses might be deterred from working overseas in the US interest.

319(b) Requirements

To qualify:

1. You must be a legal permanent resident married to a US citizen.

2. Your spouse must work for one of the following organizations:

• the United States Government
• an American institution of research recognized by the Attorney General
• an American firm or corporation engaged in foreign trade or commerce, or a subsidiary thereof
• a public international organization, such as the United Nations or subsidiary body

or, must work as

• a minister or missionary of a religious denomination having a bona fide organization in the United States

3. Your spouse must be “regularly stationed” abroad. USCIS has interpreted that to mean that your spouse will be working abroad for at least a year from the time of filing.

4. After your spouse’s overseas employment ends, you must intend to take up residence in United States.

[blk 87]

As you have read the instructions for the N-470 & your wife is not going to be working for any of the organizations mentioned in the instructions, it does look like you cannot use that form.

[markc 0]

OK great - So I think the N-400 form applies for us then.

[Glyn and Kathy 288]

Yes, the N 400 is what she will use, but she will need to be married to you AND meet residency requirements. I'm not sure what company you work for...but your main concern should be keeping your wife's LPR status. If you plan on being out of the country for more than a year...depending on the circumstances, she could be considered abandoning her residency.

[markc 0]

I think we will apply for the N-400 before we are out of the US for a year. We will apply within 90 days of 3 years. which is end of January. If we leave now, that will be before 1 year.

Also I believe there is section 319 (b) of the 8 USC Secton 1430 which says under certain circumstances you may be able to avoid location requirements. If you are married to a citizen and the citizen works for a US company doing business overseas. So I don't believe you are fully correct in that assestment. I need to check with a lawyer.