Jump to content
buck1ea

Early Naturalization For SOFA Spouse

27 posts in this topic

Recommended Posts

I'm in Korea working on an Army base. I have SOFA status and I'm an invited contractor. My Korean wife has a green card. Can she apply for early naturalization? I'm not a military member, my company is not involved in trade (the two provisions for early naturalization), but I am here working for the Army with a VISA on official business. Can my wife file her N-400 before the allotted time since I am overseas working for the US Army? 

Share this post


Link to post
Share on other sites
4 minutes ago, buck1ea said:

I'm in Korea working on an Army base. I have SOFA status and I'm an invited contractor. My Korean wife has a green card. Can she apply for early naturalization? I'm not a military member, my company is not involved in trade (the two provisions for early naturalization), but I am here working for the Army with a VISA on official business. Can my wife file her N-400 before the allotted time since I am overseas working for the US Army? 

Spouses of military don't have special rules to apply early for naturalization?

https://www.uscis.gov/military/citizenship-family-members

Share this post


Link to post
Share on other sites
4 minutes ago, buck1ea said:

I'm not in military, I'm a civilian contractor. I worked for the Army, they are my customer. I am in Korea on government orders. 

It doesn't matter. There aren't special rules that give veterans, contractors, etc. special privileges for their spouses to apply for naturalization earlier than the three or five year rule.

Share this post


Link to post
Share on other sites

I understand what you mean but I am here on government orders. Not a regular visa but a sofa visa the same as the military. If there is a war, the Army evacuates me. I was hoping that would make a difference but maybe not. 

Share this post


Link to post
Share on other sites

Being married to AD military assigned overseas by itself does not confer a special right to be naturalized prior to at least 3 years. I doubt that being a military contractor would.

 

Check out the link that GreatDane posted.


“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

Share this post


Link to post
Share on other sites
2 hours ago, buck1ea said:

I understand what you mean but I am here on government orders. Not a regular visa but a sofa visa the same as the military. If there is a war, the Army evacuates me. I was hoping that would make a difference but maybe not. 

Are you DoD civilian?  I think, the best way would be to call USCIS military line and ask if your job qulify to apply for your spouse's citizenship under 319B (expedited naturalization).

 

 

Share this post


Link to post
Share on other sites

You may be able to preserve physical presence for naturalization purposes due to your work for the government abroad.

But expedited eligibility is not available for contractors.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
16 hours ago, GreatDane said:

It doesn't matter. There aren't special rules that give veterans, contractors, etc. special privileges for their spouses to apply for naturalization earlier than the three or five year rule.

This is wrong. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

 

E. Exception to Continuous Residence and Physical Presence Requirements

Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization

Share this post


Link to post
Share on other sites
9 hours ago, CarlHamilton said:

I don't know what a sofa spouse is, but I've been called a couch potato before.

This is hilarious lol

 


germangirlintheusa.blogspot.com

~~~ mrandmrsBRS Visa journey ~~~

Service Center: Vermont

Embassy: Frankfurt/Germany

*************************************************************************

Marriage: 2014-12-30

I-130 sent: 2015-1-5

I-130 Noa 1: 2015-1-12

I-130 approved: 2015-6-10

Your I-130 was approved in 149 days from your NOA 1 date.

*************************************************************************

NVC: 2015-7-8

AOS bill: 2015-8-4

AOS P.: 2015-9-22 (e-mail, PDF)

IV bill: 2015-9-15

IV P.: 2015-9-22 (e-mail, PDF)

Case Complete: 2015-10-12 (2015-12-07)

Supervisor Review 2015-11-02Called NVC 2015-12-07 (no longer under supervisor review, waiting for an Interview Date)

**************************************************************************

Medical: 2016-1-7

Interview Frankfurt: 2016-1-19 (called NVC 2015-12-14) APPROVED :dancing: :wub:

POE: 2016-2-9 ATL (Atlanta)

Share this post


Link to post
Share on other sites
11 hours ago, geowrian said:

You may be able to preserve physical presence for naturalization purposes due to your work for the government abroad.

But expedited eligibility is not available for contractors.

@buck1ea what you are thinking of is the 319b waiver for a spouse on your orders to get expedited naturalization. This is only good for the spouses of Deployed Military that are on their spouses orders to go to Korea for example. The same can be said for Federal Civilians such as DA Civilians, but it does not pertain to spouses of Contractors. The PR spouses of Contractors can live with their spouse abroad in say Korea and not risk losing their green card due to being abroad for so long and it is as if they are in the USA for Naturalization purposes at the 3 year mark. 

 

Share this post


Link to post
Share on other sites

SOFA. Status of forces agreement


 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

Share this post


Link to post
Share on other sites
15 hours ago, CarlHamilton said:

I don't know what a sofa spouse is, but I've been called a couch potato before.

 

I honestly never thought about that until now. And my SOFA status ended years ago lol

 

 

 

 

7 hours ago, Orangesapples said:

This is wrong. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

 

E. Exception to Continuous Residence and Physical Presence Requirements

Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization

 

That’s interesting. I wish someone would call USCIS and clarify this for sure. It’s just odd that if this was an option, why many LPR spouses I know didn’t avail of this prior to moving with their mil member spouses for overseas assignments.

 

 


“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

Share this post


Link to post
Share on other sites
10 hours ago, lierre said:

 

I honestly never thought about that until now. And my SOFA status ended years ago lol

 

 

 

 

 

That’s interesting. I wish someone would call USCIS and clarify this for sure. It’s just odd that if this was an option, why many LPR spouses I know didn’t avail of this prior to moving with their mil member spouses for overseas assignments.

 

 

Why would you need to call the misinformation line when their official web page has the information? 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×