N-400 pending, overseas job offer

[Cyberfx1024 7,978]

23 hours ago, Kevo said:

My wife's application (N-400 based off of 3 yrs marriage) was submitted in Feb this year.  I received a great job offer as a civilian (I'm retired USAF) at Kadena Air Base, Okinawa, Japan. 

If I were to accept it and we go to Japan does anyone know how that would affect her naturalization application?  

Hey boss man don't worry about this ok because I have looked in to this quite a bit and I have TO as well for a job in the Middle East as a GS employee.

 

If the job in Kadena(great location BTW) is a GS job and you are allowed to bring your family then you are fine and there is no residency issues at all concerning being out of the USA. The ONLY problem I see is when she has a interview or biometrics then she has to do it in the USA not out of it. Which sucks really hard if you ask me but it is the case.

 

I already being a GS employee looking to go overseas for a while now have looked into this quite a bit in regards to issues it may bring with being overseas for my Filipina wife. So you will be fine so don't worry. As I said earlier I am moving from a GS-11 job in the USA to another GS-11 job but in Bahrain in the next couple of months with my family.

[Cyberfx1024 7,978]

2 hours ago, javadown2 said:

I think it's not a problem if you are a government employee or live in a place like Guam (US territory). 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/maintaining-permanent-resident-status/

 

 

Sounds like you just have to notify USCIS beforehand to let them know. 

 

23 hours ago, Roel said:

?

 

She CANNOT leave US for longer than a year - and if she wants that, she needs to apply for a reentry permit. If not or if she will stay abroad too long,  she will loose her green card.

If she leaves, she will probably loose her citizenship application.

 

Seriously, best thing to do is to wait for her to receive her US citizenship and then she can stay abroad for as long as she wants to, without issues.

 

23 hours ago, geowrian said:

One year or longer outside the US has a legal presumption of abandoning residence. Multiple trips can also be considered as such.

 

Ignoring the citizenship eligibility side of things for a second, if she were to be abroad that long, then at least a re-entry permit would be highly recommended before working abroad. It does not guarantee re-entry, but at least lets the extended period abroad not be held against her in making that determination.

As Federal Government employee the family members of the employee are good to go in regards to possible immigration issues because the spouse is a federal government employee.

[CarlHamilton 252]

I don't have a horse in this race, but what do you all make of this:

"To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Reside continuously within the United States from the date of application for naturalization until the time of naturalization"

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

[javadown2 308]

57 minutes ago, shomer said:

I don't have a horse in this race, but what do you all make of this:

"To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Reside continuously within the United States from the date of application for naturalization until the time of naturalization"

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Just under where you quoted it states the same thing I linked before, they can live abroad if spouse works in government. 

 

Naturalization for Spouses of U.S. Citizens

Versión en español

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.  

For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Familywebpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

 For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and  meet of all of the requirements listed above except that:

• No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)
• No specific period of continuous residence or physical presence in the United States is required
• No specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

For More Information…

[CarlHamilton 252]

2 minutes ago, javadown2 said:

Just under where you quoted it states the same thing I linked before, they can live abroad if spouse works in government. 

 

Naturalization for Spouses of U.S. Citizens

Versión en español

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.  

For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Familywebpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

 For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and  meet of all of the requirements listed above except that:

• No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)
• No specific period of continuous residence or physical presence in the United States is required
• No specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.

For More Information…

Ah, but 319(b) is a different category and it has to be applied for at the time of filing.  Looks like the OP applied under 319(a) and this new job offer came up afterwards. 

[javadown2 308]

Here is another link to the policies and procedures, chapter 5 states:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter5.html

 

1. Employee of U.S. Government or Specified Entities

 

LPRs who have been continuously physically present in the United States for at least one year before filing an application to preserve residence and who obtain approval of the application from USCIS for employment by or contract with the U.S. government abroad will not break the continuity of their residence during such time abroad. ^[1] Such persons are exempt from the physical presence requirement. ^[2] Persons employed by or under contract with the Central Intelligence Agency can accrue the required year of continuous physical presence at any time prior to applying for naturalization and not just before filing the application to preserve residence.^[3] 

 

LPRs who have been continuously physically present in the United States for at least one year before filing an application to preserve residence and who obtain approval of the application from USCIS for employment abroad by an American institution of research recognized as such by the Attorney General (now DHS Secretary) or by an American firm ^[4] engaged in development of U.S. foreign trade and commerce or its subsidiary, or a public international organization, will not break the continuity of their residence during such time abroad. Such applicants are subject to the physical presence requirement. ^[5] 

 

Only applicants who are employed by or under contract with the U.S. government may be exempt from the physical presence requirements. All other applicants who are eligible to preserve their residence remain subject to the physical presence requirement.

 

The applicant’s spouse and dependent unmarried sons and daughters, included in the application, are entitled to the same benefits for the period during which they were residing abroad with the applicant. ^[6] 

[javadown2 308]

2 minutes ago, shomer said:

Ah, but 319(b) is a different category and it has to be applied for at the time of filing.  Looks like the OP applied under 319(a) and this new job offer came up afterwards. 

If she lived in the US at least a year prior to the application then she is ok. It also states have lived before filing for the residency exemption, so this is their case.

Edited May 16, 2018 by javadown2

[Kevo 69]

Thanks all for the info.  It's taken this long for an official job offer after meeting all their requirements (security clearance, physical, etc). 

 

I plan on making an infopass appt at the Salt Lake City USCIS office, which seems like a task itself as you have to check online at exactly 7:15 am for an appt and hope everyone doesn't beat you to it.  

 

I'll report back what they say about:

1) her going outside the US with pending N-400

2) any chance at a case expedite

3) if she will have to return to the US for an interview (assuming #1 answer is ok).  

4) if she needs a re-entry permit

 

Anything else I should ask? 

[ohman 5]

We applied and did biometrics. We then moved to southeast asia for work. Came back when the interview notice showed up. No problems. 

[Kevo 69]

At the infopass appointment at first they asked questions about how we applied (3 or 5 year), asked how long my wife was out of country since becoming a perm resident (we are barely under the threshold for the 3 year application), then advised us to submit a N-470 before departing.  He then asked to see proof of my future employment overseas and told us to take a seat in the waiting area while he spoke to his supervisor.  

 

About 15 minutes later he called us back up and said they will expedite the case.  He said it'll be scheduled before Oct 7 and that if an opening comes up to be ready within a 24 hour notice for an appointment anytime before then.  

 

If anyone else is in this situation, I highly advise you to make an infopass appointment after receiving your firm offer letter.

[Kevo 69]

Update:

 

USCIS Salt Lake City did not do any of what they said in my last post.  We did another infopass appointment after I received official orders (this was about a month prior to our departure) and the clerk basically said "maybe she'll get interviewed before you leave, and maybe she wont".  Of course that means she won't - and she didn't.  

 

Got to Japan and contacted USCIS Seoul, as they handle US immigration issues for Japan.  They said they will request the case to be transferred to their office and they periodically travel to Japan for interviews/oaths.  

 

That's where we are at this point, and my trust/faith in USCIS isn't good at all right now with how the SLC office did us.  So, we'll see how it goes from here and I'll be sure to report back any updates for anyone else in our situation in the future.  

[Nayda 28]

On 11/17/2018 at 12:59 AM, Kevo said:

Update:

 

USCIS Salt Lake City did not do any of what they said in my last post.  We did another infopass appointment after I received official orders (this was about a month prior to our departure) and the clerk basically said "maybe she'll get interviewed before you leave, and maybe she wont".  Of course that means she won't - and she didn't.  

 

Got to Japan and contacted USCIS Seoul, as they handle US immigration issues for Japan.  They said they will request the case to be transferred to their office and they periodically travel to Japan for interviews/oaths.  

 

That's where we are at this point, and my trust/faith in USCIS isn't good at all right now with how the SLC office did us.  So, we'll see how it goes from here and I'll be sure to report back any updates for anyone else in our situation in the future.  

Thank you for your information. I am about to apply for N400, but my US citizen spouse got the relocation to Europe with his company from California. (American company, just their branch in Europe). It is not US Government employment.
Please, could you tell me, because I didn't understand: Is your job in Japan US gov employment or no?

Thank you!

[Kevo 69]

My job is a US government job. 

 

What country in Europe?  I can give you contact info of the USCIS office that will have jurisdiction of your case (if they can transfer for your specific case).  

[Nayda 28]

On 11/28/2018 at 11:37 PM, Kevo said:

My job is a US government job. 

 

What country in Europe?  I can give you contact info of the USCIS office that will have jurisdiction of your case (if they can transfer for your specific case).  

I'm sorry, I didnt check the website, and I didnt have any notification from here
I hop you still reply hehe

So, the country is Germany, city Frankfurt. 

And my biggest problem is one of the condition for N400, which is "living at the same address for 3 months before applying for N400", and we have been moving around a lot.  

[Kevo 69]

On 12/11/2018 at 11:24 PM, Dzenana said:

I'm sorry, I didnt check the website, and I didnt have any notification from here
I hop you still reply hehe

So, the country is Germany, city Frankfurt. 

And my biggest problem is one of the condition for N400, which is "living at the same address for 3 months before applying for N400", and we have been moving around a lot.  

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office