2-year Conditional Green card received / PCSing for 3yrs in Okinawa, Japan

[justinemaaaae 12]

Hi everyone! 😊

 

I hope you're all doing well. I just wanted to ask for a bit of advice and share my situation.

I arrived in the U.S. last August on a K1 visa and got married shortly after. We applied for Adjustment of Status (AOS) this past January, along with Advance Parole, and I just received my Green Card today!

We didn’t realize at first that it would only be valid for 2 years since we’ve only been married for a short time.

We’re set to PCS to Okinawa this September for 3 years, and I’m already included in my husband’s orders.

 

I was hoping someone here might be able to help me with a few questions:

1. Is it okay to PCS overseas for 3 years with a 2-year conditional Green Card?

2. When can we file for Removal of Conditions to get the 10-year Green Card? Is there any way to speed up the process?

3. Is filing for Removal of Conditions really required, or can we just contact USCIS to amend it?

4. Since we’ll be stationed outside the U.S., is it possible to apply for citizenship before my conditional Green Card expires? I’ve heard that spouses of military members stationed overseas may be able to apply for expedited naturalization.

 

Thank you so much in advance to anyone who can share their experience or offer advice! 💛

[Dashinka 25,639]

I would review this and section 319(b) of the INA.  The upshot is yes, you should be eligible for expedited naturalization.

 

Good Luck!

 

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

[justinemaaaae 12]

21 minutes ago, Dashinka said:

I would review this and section 319(b) of the INA.  The upshot is yes, you should be eligible for expedited naturalization.

 

Good Luck!

 

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

Thank you! This is a big help as I have not seen this on the website earlier. We will read about it. Thank you!

[justinemaaaae 12]

1 hour ago, Dashinka said:

I would review this and section 319(b) of the INA.  The upshot is yes, you should be eligible for expedited naturalization.

 

Good Luck!

 

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

Hi! do you have any information/knowdlege if I should also file for N470 (Application to Preserve Residence for naturalization purposes)? If yes, how soon do I file? before or after we live the US?

[Demise 1,419]

On 6/9/2025 at 1:39 PM, justinemaaaae said:

Hi! do you have any information/knowdlege if I should also file for N470 (Application to Preserve Residence for naturalization purposes)? If yes, how soon do I file? before or after we live the US?

From the N-470 page:

"If you are eligible for naturalization under section 319(b) of the Immigration and Nationality Act (INA) because you are married to a U.S. citizen working for certain organizations overseas, you are exempt from establishing the naturalization residency and physical presence requirements. Therefore, you are not required to file Form N-470. ..."

 

Going further:

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

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

 

It looks like the best option would be to go via 319(b): 

No N-470 required. If spouse will be stationed abroad for over a year, without any prerequisite time period where you will need to travel back to US to attend the interview and ceremony, declare in good faith that you will continue to live with your spouse abroad after naturalization, and return to US once their foreign deployment ends. Declaration in good faith is basically a declaration of intent, if circumstances change for some reason, then well, they changed and they won't yoink your citizenship away. In this case you may or may not be required to file I-751, depends if you've been a CLPR for at least 1 year and 9 months at the time of the oath of allegiance (if yes - yes, if no - no). You will still need to provide the normal proofs that the marriage is legit as for I-751 even if you're exempt from filing it. 

 

Other possibilities like 319(a) (3 years married to a US citizen provision) and 316(a) (general 5 year provisions) require you to have resided in US for at least half the statutory period without breaks in continuous residence (no absences over 1 year, and with absences over 6 months being able to prove that you didn't abandon your permanent residency). So if you'd want to follow to join your spouse abroad those might be better, you'd live in US for 1 year, file N-470, go join them, and file I-751 and N-400 when able to. Only upside here is the ability to get naturalized while abroad. 

 

My take is just go with the special provision for military spouses (319(b)). 

Edited Wednesday at 12:33 PM by Demise

[justinemaaaae 12]

4 hours ago, Demise said:

From the N-470 page:

"If you are eligible for naturalization under section 319(b) of the Immigration and Nationality Act (INA) because you are married to a U.S. citizen working for certain organizations overseas, you are exempt from establishing the naturalization residency and physical presence requirements. Therefore, you are not required to file Form N-470. ..."

 

Going further:

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

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

 

It looks like the best option would be to go via 319(b): 

No N-470 required. If spouse will be stationed abroad for over a year, without any prerequisite time period where you will need to travel back to US to attend the interview and ceremony, declare in good faith that you will continue to live with your spouse abroad after naturalization, and return to US once their foreign deployment ends. Declaration in good faith is basically a declaration of intent, if circumstances change for some reason, then well, they changed and they won't yoink your citizenship away. In this case you may or may not be required to file I-751, depends if you've been a CLPR for at least 1 year and 9 months at the time of the oath of allegiance (if yes - yes, if no - no). You will still need to provide the normal proofs that the marriage is legit as for I-751 even if you're exempt from filing it. 

 

Other possibilities like 319(a) (3 years married to a US citizen provision) and 316(a) (general 5 year provisions) require you to have resided in US for at least half the statutory period without breaks in continuous residence (no absences over 1 year, and with absences over 6 months being able to prove that you didn't abandon your permanent residency). So if you'd want to follow to join your spouse abroad those might be better, you'd live in US for 1 year, file N-470, go join them, and file I-751 and N-400 when able to. Only upside here is the ability to get naturalized while abroad. 

 

My take is just go with the special provision for military spouses (319(b)). 

Thank you! i appreciate this so much. yes, we have been reading more about this and seems like we are going thru the 319b. 

 

I have a question tho, when do you suggest we file for it. before or after we are already overseas? we'll be leaving in September, so that's on roughly 2.5 mos from now. 

[Demise 1,419]

46 minutes ago, justinemaaaae said:

Thank you! i appreciate this so much. yes, we have been reading more about this and seems like we are going thru the 319b. 

 

I have a question tho, when do you suggest we file for it. before or after we are already overseas? we'll be leaving in September, so that's on roughly 2.5 mos from now. 

 

I'd just file ASAP. You will need to come to US to attend the interview and ceremony since getting sworn in from abroad is not an option in this case. There's no requirement that the spouse is currently abroad "Establish your spouse is a U.S. citizen who is, or will be, regularly stationed abroad as a U.S. service member for a period of one year or more;".

 

Also according to the instructions found at https://www.uscis.gov/military/citizenship-for-military-family-members.

 

You should call their military helpline (877-247-4645) and request an expedite. Who knows, maybe you'll get lucky and get rushed through before it's time to go.