Can I become a citizen through expedited naturalization if stationed abroad with husband & married for less than 3 years?

[AllThingsNice 4]

We got married in December 2015 and are about to complete the direct consular processing for a CR1 visa through Frankfurt (we are stationed in Germany) .

My question is this:

My husband has orders to Korea. Can i apply for expedited naturalization? I am under the impression that if you are a military spouse, you can apply for expedited naturalization abroad and not have to be married for the 3 years if his orders are for more than a year. Is this correct?

Thanks

[almost_umrican 53]

absolutely not, but your case can be processed faster than regular cases. i know one couple with a similar case.

[IcezMan_IcezLady 582]

You don't jump the naturalization line due to been married to a military man or woman.

The Military man or woman can get expedite naturalization because they are going to fight for a country and they could die so they get citizenship before deployment but you are a wife. That benefit doesn't transfer to you.

They will definitely process it fast. Not all military families move with their spouses to their stationed base. So that's a choice and citizenship is not awarded for that choice.

I stand corrected.

[teanet 20]

You don't jump the naturalization line due to been married to a military man or woman.

The Military man or woman can get expedite naturalization because they are going to fight for a country and they could die so they get citizenship before deployment but you are a wife. That benefit doesn't transfer to you.

They will definitely process it fast. Not all military families move with their spouses to their stationed base. So that's a choice and citizenship is not awarded for that choice.

I stand corrected.

It is little bit rude to say its a choice to move with spouse to their base. Majority of us already left our families in our countries to be with our spouse, and not to live in US alone and have our spouse stationed somewhere else, so of course if we can go to duty station with our spouses, we always will go. She just asked simple question as I heard the same from other military personal when I married my husband.

[teanet 20]

http://www.visajourney.com/forums/topic/88439-naturalization-of-military-spouse/

In this post, the 4th answer saying :

A spouse married to a United States citizen, whether military or civilian, whom the United States government assigns overseas may qualify for expeditious processing of an application for naturalization. The spouse must be a Lawful Permanent Resident (LPR) but all residency and physical presence requirements are waived. The overseas assignment of the U.S. citizen must be one year or more after taking the oath of naturalization. In order to be eligible for the expeditious naturalization USCIS must find that marital unity exists.

Its kind confusing, as when its saying that residency and physical presence requirements are waived.

[AllThingsNice 4]

Trust me, it is definitely not my "choice" to move to Korea next year. On the USCIS website it says:

If you are at least 18 years old and are the spouse of a U.S. citizen who is a member of the U.S. Armed Forces and you will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized, you can file for naturalization. There is no time requirement for permanent residence in this case--you just have to be a permanent resident (even if conditional) at the time of the USCIS interview. There is no continuous residence requirement in this circumstance. There is no physical presence requirement in this circumstance. The good moral character, english and civics knowledge and attachment to the constitution are still required.

That is why i was asking and confused.

You don't jump the naturalization line due to been married to a military man or woman.

The Military man or woman can get expedite naturalization because they are going to fight for a country and they could die so they get citizenship before deployment but you are a wife. That benefit doesn't transfer to you.

They will definitely process it fast. Not all military families move with their spouses to their stationed base. So that's a choice and citizenship is not awarded for that choice.

I stand corrected.

[IcezMan_IcezLady 582]

It is little bit rude to say its a choice to move with spouse to their base. Majority of us already left our families in our countries to be with our spouse, and not to live in US alone and have our spouse stationed somewhere else, so of course if we can go to duty station with our spouses, we always will go. She just asked simple question as I heard the same from other military personal when I married my husband.

Everything about immigration is a choice.

^^ This is not to antagonize OP. I feel for her.

[IcezMan_IcezLady 582]

Trust me, it is definitely not my "choice" to move to Korea next year. On the USCIS website it says:

If you are at least 18 years old and are the spouse of a U.S. citizen who is a member of the U.S. Armed Forces and you will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized, you can file for naturalization. There is no time requirement for permanent residence in this case--you just have to be a permanent resident (even if conditional) at the time of the USCIS interview. There is no continuous residence requirement in this circumstance. There is no physical presence requirement in this circumstance. The good moral character, english and civics knowledge and attachment to the constitution are still required.

That is why i was asking and confused.

Sorry, if you felt attacked. That wasn't my intention. But i still believe immigration is still a choice. I made a choice to marry someone not living in the US and now i am dealing with the system. We all have choices. That's just by the way

There are two parts to the requirement you posted.

first part 319(a)

On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (H.R.4986 / Public Law 110-181) into law. Part of that law is a new section 319(e) of the Immigration and Nationality Act (INA) which allows certain eligible spouses of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

To be eligible for naturalization abroad, lawful permanent resident spouses of members of the U.S. armed forces, who live abroad on official military orders, must meet the requirements of either section 316(a) or 319(a) of the INA at the time of filing.

• Section 319(a) applies to individuals who have been lawful permanent residents for three years as the current spouse of a U.S. citizen, and continue to be married that U.S. citizen spouse.
• Section 316(a) applies to spouses who have been lawful permanent residents for five years.

For naturalization purposes, the time eligible spouses have spent abroad on official military orders may count for both continuous residency and physical presence in the United States.

Individuals applying for naturalization abroad as the spouse of a member of the armed forces must live in marital union with that member of the armed forces. However, involuntary separations due to circumstances beyond their control, such as military deployments, do not prevent naturalization.

A spouse of a member of the armed forces must have official military orders authorizing them to accompany their spouse abroad, and must accompany or live with that member of the armed forces as provided in those orders.

https://www.uscis.gov/archive/archive-news/requirements-naturalization-abroad-spouses-members-us-armed-forces

Second part 319(b).. which looks like what you posted but some of the clauses in yours are not in the original.

Expedited Naturalization for Spouses of Military Members

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

In general, an applicant for naturalization under section 319(b) of the INA must:

• Be age 18 or older
• Establish that his or her U.S. citizen spouse is deployed abroad as a service member
• Be present in the U.S. pursuant to a lawful admission for permanent residence (green card holder) at the time of examination on the naturalization application
• Be present in the U.S. at the time of naturalization
• Declare in good faith upon naturalization an intent to reside abroad with the U.S. citizen spouse and to reside in the U.S. immediately upon the citizen spouse’s termination of service abroad
• Be able to read, write, and speak basic English
• Have a basic knowledge of U.S. history and government (civics)
• Have been, and continue to be, a person of good moral character, attached to the principles of the U.S. Constitution and well disposed to the good order and happiness of the U.S. during all relevant periods under the law

https://www.uscis.gov/military/citizenship-military-personnel-family-members/citizenship-spouses-and-children-military-members

You can call the military help line and they might have better response for you.

My earlier statement was because from my experience, the immigration benefits that armed forces members in my family received, such as no fee for naturalization, and other no fee payment for some of the processes we all pay for, they had to pay for their fiances, their wives. There were no waivers for their spouses or fiances. The only benefit their spouses got was quick processing. like one of my cousin's fiance was approved within 6 months and she is already here.

[EM_Vandaveer 2,370]

absolutely not, but your case can be processed faster than regular cases. i know one couple with a similar case.

Absolutely wrong, look up INA 319(b)

[EM_Vandaveer 2,370]

OP you do have a special process available for you based on INA 319 (b),

form N-400, Part 1, checkbox C.

Here is somebody else whi did the process:

http://www.visajourney.com/forums/topic/573436-n-400-under-319b-timeline/?hl=%2B319b#entry8134685

Edited June 29, 2016 by EM_Vandaveer

[Shauneg 762]

Yes you can....look at the two responses before me. I'm military and have experience with it.

[IcezMan_IcezLady 582]

Yes you can....look at the two responses before me. I'm military and have experience with it.

Just for my education, so it is only for spouses that will be moving overseas with the military spouse? Are those whose spouses are back home but military spouses are on deployment overseas qualified for this also?

[EM_Vandaveer 2,370]

Just for my education, so it is only for spouses that will be moving overseas with the military spouse? Are those whose spouses are back home but military spouses are on deployment overseas qualified for this also?

Those who move overseas with their spouse who is in the military. Some DoD employees' spouses also qualify, as long as they are abroad with their spouse who is working for the DoD.

[EM_Vandaveer 2,370]

OP you need to enter the US after receiving your visa though, that's what makes you a LPR, and only LPRs can apply for naturalization even under INA 319(b).

[NikLR 13,220]

http://www.visajourney.com/forums/topic/88439-naturalization-of-military-spouse/

In this post, the 4th answer saying :

A spouse married to a United States citizen, whether military or civilian, whom the United States government assigns overseas may qualify for expeditious processing of an application for naturalization. The spouse must be a Lawful Permanent Resident (LPR) but all residency and physical presence requirements are waived. The overseas assignment of the U.S. citizen must be one year or more after taking the oath of naturalization. In order to be eligible for the expeditious naturalization USCIS must find that marital unity exists.

Its kind confusing, as when its saying that residency and physical presence requirements are waived.

It means that you can choose to move with your spouse overseas where they have been stationed, vs staying the USA to make sure you pass your residency and legal presence time required. Basically they're making it so you can gain citizenship faster and understand you moved to the USA to be with your spouse so aren't making you stay in the USA when your spouse MUST move because of where they are stationed.

Generally military spouses move with the active military member. The only time they stay home is when the spouse has been deployed. This is because deployment usually is about 6 months, vs the 2-4+ years someone can be stationed somewhere else in the world.

For example my BIL is in the Navy. He was stationed in California and so his family lived where with him. Then he was stationed in Virginia so they had to all move across the country (which the military does for you) and they're all in Virginia now. But currently he is deployed on a boat for 6 months so obviously his family is still in Virginia while he's deployed. It would be the same for any solider or airman or marine who was stationed around the world, or just deployed.