Military spouse. Overseas orders. Abandonment of permanent residency stats

[KateWB 98]

Hi everyone. 
 

I am the spouse of an active duty military service member. Came over on a K1 fiancé visa and now hold a green card as a lawful permanent resident.

 

if we are to get overseas orders- this could be classed as abandonment of lawful residency. Especially considering our assignment could be 2-4 years. However, I have read military members and their spouses are exempt from this. 
 

if we are exempt does this mean we don't have to file for a re entry permit?

 

anyone been through this process? 

[Redro 4,611]

You might have to stay in the States while you wait for your AOS to come through.

 

 

 

[Redro 4,611]

43 minutes ago, KateWB said:

Hi everyone. 
 

I am the spouse of an active duty military service member. Came over on a K1 fiancé visa and now hold a green card as a lawful permanent resident.

 

if we are to get overseas orders- this could be classed as abandonment of lawful residency. Especially considering our assignment could be 2-4 years. However, I have read military members and their spouses are exempt from this. 
 

if we are exempt does this mean we don't have to file for a re entry permit?

 

anyone been through this process? 

Didn't answer your question. 

I thought you were asking about AOS, apologies. 

I don't think you'll be abandoning your LPR status but you might be able to apply for expedited citizenship and you should be allowed to apply for citizenship (if that's what you want) if you are stationed overseas. 

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

 

Edited December 1, 2021 by Kor2USA

[Cyberfx1024 7,980]

52 minutes ago, KateWB said:

Hi everyone. 
 

I am the spouse of an active duty military service member. Came over on a K1 fiancé visa and now hold a green card as a lawful permanent resident.

 

if we are to get overseas orders- this could be classed as abandonment of lawful residency. Especially considering our assignment could be 2-4 years. However, I have read military members and their spouses are exempt from this. 
 

if we are exempt does this mean we don't have to file for a re entry permit?

 

anyone been through this process? 

No, this is not considered abandonment at all because your spouse is under orders OCONUS. If you are on those orders as well then you are good as gold. 

Also you can get your AOS expedited as well due to the orders

[valentinasc 330]

I have been in the US for only 9 months after I got my CR-1 granted. 
After those 9 months, My husband and I have been living in Japan for 2.5 years under military orders and got my I-751 approved last year, and currently pending N-400.

 

As long as you are in your husband's orders, time spent overseas counts as time residing in the US.

 

Check out my blog, I have plenty of documentation of my USCIS journeys while being a military spouse.

[KateWB 98]

On 12/7/2021 at 6:17 PM, valentinasc said:

I have been in the US for only 9 months after I got my CR-1 granted. 
After those 9 months, My husband and I have been living in Japan for 2.5 years under military orders and got my I-751 approved last year, and currently pending N-400.

 

As long as you are in your husband's orders, time spent overseas counts as time residing in the US.

 

Check out my blog, I have plenty of documentation of my USCIS journeys while being a military spouse.

Thank you! 
I appreciate your reply! Especially as you are going through it! 
do you mind telling me what evidence you included with your N-400 application?

[valentinasc 330]

On 1/25/2022 at 1:17 PM, KateWB said:

Thank you! 
I appreciate your reply! Especially as you are going through it! 
do you mind telling me what evidence you included with your N-400 application?

Sure!

 

Just scroll down on this blog post and you will see my cover letter: https://vsjourneyss.wordpress.com/2022/01/28/application-for-naturalization-n-400-under-ina-section-319e/