Naturalization of Military Spouse

[Ngoc-Anh 1]

Does anyone knows about the rules of natualization of military spouses?

I came to the US on a K1 Visa, got married and got my AOS approved back in march.

Now my husband and I we are wondering if I have to wait for 5 years until I can apply for US-Citizenship.

Also how does it works when we are stationed overseas (outside US) for 2 years. Are these 2 years included in the 5 years?

All informations are appreciated!!!

Thank you

[warlord 72]

You can apply 2 years and 9 months after your PR date (when you get your green card). As for living over seas, it's usually a no that will not count and will cause problems during the interview. However, being your USC is in the military that may not be the case for you. I believe if you are living on the US base (US Soil) then that may count for your continuous residency.

You will want to check that out though with the INS and make sure you get all the proper re-entry visas etc to preserve your green card...

[Ngoc-Anh 1]

You can apply 2 years and 9 months after your PR date (when you get your green card). As for living over seas, it's usually a no that will not count and will cause problems during the interview. However, being your USC is in the military that may not be the case for you. I believe if you are living on the US base (US Soil) then that may count for your continuous residency.

You will want to check that out though with the INS and make sure you get all the proper re-entry visas etc to preserve your green card...

Thank you very much warlord for the information.

Do you mean after 2 years and 9 months after I got my conditional GC or my permanent GC?

[john_and_marlene 162]

Expeditious Naturalization For Dependents

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.

Procedure: Along with filing Form N-400, the spouse should obtain a completed Form DD-1278, Certificate of Overseas Assignment to Support Application to File for Petition for Naturalization, from the member’s command if concurrent travel is authorized. If concurrent travel is not authorized, then the spouse must provide a copy of the orders, paid airline ticket to the overseas duty station, and a letter from the commanding officer stating that the military will permit the alien spouse to accompany the member at his or her own expense.

Even if the citizen spouse is stationed in an area where hostilities are in progress, and in which official government policy precludes residence of dependents of serviceman, expeditious naturalization is still authorized. Since the petitioner’s inability to join the citizen spouse is not the result of volition, but is caused by official restrictions, naturalization can be granted to a petitioner who plans to reside in a foreign country while awaiting the opportunity to join the citizen spouse. It is immaterial in such cases whether the petitioner’s temporary sojourn abroad is near the place of the spouse’s employment or service, or whether occasional visitation is contemplated. However, the alien cannot comply with the special statute if they elect to remain in the United States during the period of enforced separation. Moreover, this benefit is likewise deemed to be unavailable if there are no official residence restrictions, and the unwillingness to joining the citizen spouse is thus attributable to choice rather than compliance. The expeditious naturalization option for spouses is not available once the overseas tour is over. An alien spouse is eligible for expeditious naturalization even if she is a conditional resident.

The applicant does not have to reside within the jurisdiction of the district of the Service where naturalization is sought, and the naturalization application thus can be filed in any district of the Service. For more information:

· The National Customer Service Center provides information about the naturalization process for persons living in the continental United States. 1-800-375-5283

· The USCIS Internet Home Page provides information, instructions, and downloadable forms and guides. http://uscis.gov.

· You may wish to contact your local legal assistance office. An attorney may be able to help you file the appropriate documents and provide answers to more specific questions.

http://legalassistance.law.af.mil/content/...immigration.htm

[john_and_marlene 162]

Also look here:

http://www.uscis.gov/files/article/M-476.pdf

look at the bottom of page 22:

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.

[Ngoc-Anh 1]

thank you all for the informations

[lucyrich 19]

Do you mean after 2 years and 9 months after I got my conditional GC or my permanent GC?

You've already gotten good information on the Expeditious Naturalization option.

In case you don't qualify for it or for whatever reason end up pursuing naturalization based on the ordinary 3 year permanent resident status while married to a US Citizen option, the 2 years and 9 months is counted from the date you got your first Green Card, whatever kind it was. Often, people are eligible to file for naturalization about one year after they file for removal of conditions.

[Ngoc-Anh 1]

my GC is only valid for 2 years.

According to the pdf file from USCIS the requirement for Naturalization for spouses married to an US military member I have to be permanent resident at the time of the Interview. So now comes my confusing point...my GC says permanent resident card. So does it mean I can apply for citizenship eventhough I got that since march only?

Sorry for the confusions but I am so confused.

[diadromous mermaid 36]

my GC is only valid for 2 years.

According to the pdf file from USCIS the requirement for Naturalization for spouses married to an US military member I have to be permanent resident at the time of the Interview. So now comes my confusing point...my GC says permanent resident card. So does it mean I can apply for citizenship eventhough I got that since march only?

Sorry for the confusions but I am so confused.

PR (permanent residency) is PR, whether it has conditions attached or not.

[yhanie 0]

Does anyone knows about the rules of natualization of military spouses?

I came to the US on a K1 Visa, got married and got my AOS approved back in march.

Now my husband and I we are wondering if I have to wait for 5 years until I can apply for US-Citizenship.

Also how does it works when we are stationed overseas (outside US) for 2 years. Are these 2 years included in the 5 years?

All informations are appreciated!!!

Thank you

If your husband has new orders for overseas duty, you don't need to wait for 2 years or 5 years after you received your GC. You can right away apply for naturalization before you leave the country. This also applies for those spouses whose military husbands are being deployed to Iraq. But of course, applicants should be a permanent resident first (or has GC). Applications for naturalizations should come with a copy of the orders when you submit.

If you weren't able to apply for naturalization, and you left with Green card only, you can actually apply it on the country's USCIS local branch within 1 year of your stay, more than a year of application won't do any good. I hope this info helps.

I've also been researching about this for so many months now...I still don't have my GC and we're leaving for Italy in Nov.

[Ngoc-Anh 1]

@yhanie: thanks for your input. This whole issue is really confusing. To be more clear in my case...the reason why I ask is because there is a 90% chance (which is not sure yet) that my husband will get orders to go to Korea for 2 years coming up summertime. And as you may know you will not get the orders until a couple of months before you are going to leave. So you mentioned that I could actually file the application before we are leaving. Does it mean that the application will be processed while I am overseas?

There is another twist in this case because I would like to keep my german citizenship therefore I need to apply for that which in case it gets approved is valid for only 2 years. To make sure that I really can apply for the citizenship without the 2/5years condition I called USCIS and I received the answer that there is no exception for military personel. So know I am really really confused!!!

[yhanie 0]

@yhanie: thanks for your input. This whole issue is really confusing. To be more clear in my case...the reason why I ask is because there is a 90% chance (which is not sure yet) that my husband will get orders to go to Korea for 2 years coming up summertime. And as you may know you will not get the orders until a couple of months before you are going to leave. So you mentioned that I could actually file the application before we are leaving. Does it mean that the application will be processed while I am overseas?

There is another twist in this case because I would like to keep my german citizenship therefore I need to apply for that which in case it gets approved is valid for only 2 years. To make sure that I really can apply for the citizenship without the 2/5years condition I called USCIS and I received the answer that there is no exception for military personel. So know I am really really confused!!!

Me and my husband has been talking with an immigration specialist (she's been doing It I think, for 15 years now), and according to her, in my case, as soon as I get my green card, I could right away apply for naturalization. But since I'd be in Italy before 2007 ends, I file for naturalization there. I suggest that you do what I did. Go to the legal office on your husband's military base and ask for assistance.

You know, don't rely on the informations from USCIS' Military hotline. Because every time I call them, I'm always getting different informations from different agents. So I got really confused too.

I'm confused with this:

There is another twist in this case because I would like to keep my german citizenship therefore I need to apply for that which in case it gets approved is valid for only 2 years. To make sure that I really can apply for the citizenship without the 2/5years condition I called USCIS and I received the answer that there is no exception for military personel. So know I am really really confused!!!

If you still want to keep your German citizenship for two years, which is your green card's validity, you should not apply for naturalization. And you can't apply for naturalization if you've been living outside the US in orders, for more than 1 year. So you should submit your application during your 1st year outside the US. If you still want to wait for the expiration of your GC just to keep your German citizenship, you may not be able to expedite your naturalization. You have to wait again for 3 years. Now, if you're in Korea, and your husband is being deployed in Iraq, then that is also a criteria for you to expedite (quick process) your naturalization application before he leaves for Iraq.

I hope this helps

[jodee 30]

And you can't apply for naturalization if you've been living outside the US in orders, for more than 1 year. So you should submit your application during your 1st year outside the US

I think you should contact the local USCIS office to your post overseas,...because I know for a fact,..even though Frankfurt will do DCF or spousal visas, and or immediate relatives. ie... step kids,..they do NOT process Naturalization for Military spouses regardless of whether you have been overseas less than one year or not. They will only process Natutalization for Military member,...

If you do decide to do Naturalization, you will have to go stateside to lodge it, and await there til after you have had your interview and ceremony!!

I am not saying what the other poster yhanie is saying is wrong,...I am saying,..check first,..as different rules may apply in different overseas areas.

I learnt this the hard way,..We has AOS papers lodged in 2004, before we left for Germany. i had to go back to the states to do my AOS interview(they were still doing them then). I also had to file my I-751 from Germany.

The option to apply for naturalization before I left wasnt offered, nor was it readily common knowledge or available back then. Not that we could of anyways,...because like I said, we left before i was even AOS approved...with an AP of course to allow me re-entry when I had too..

[Ngoc-Anh 1]

thank all of you soo much!!!

[Schatzi 0]

Expeditious Naturalization For Dependents

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.

Procedure: Along with filing Form N-400, the spouse should obtain a completed Form DD-1278, Certificate of Overseas Assignment to Support Application to File for Petition for Naturalization, from the member's command if concurrent travel is authorized. If concurrent travel is not authorized, then the spouse must provide a copy of the orders, paid airline ticket to the overseas duty station, and a letter from the commanding officer stating that the military will permit the alien spouse to accompany the member at his or her own expense.

Even if the citizen spouse is stationed in an area where hostilities are in progress, and in which official government policy precludes residence of dependents of serviceman, expeditious naturalization is still authorized. Since the petitioner's inability to join the citizen spouse is not the result of volition, but is caused by official restrictions, naturalization can be granted to a petitioner who plans to reside in a foreign country while awaiting the opportunity to join the citizen spouse. It is immaterial in such cases whether the petitioner's temporary sojourn abroad is near the place of the spouse's employment or service, or whether occasional visitation is contemplated. However, the alien cannot comply with the special statute if they elect to remain in the United States during the period of enforced separation. Moreover, this benefit is likewise deemed to be unavailable if there are no official residence restrictions, and the unwillingness to joining the citizen spouse is thus attributable to choice rather than compliance. The expeditious naturalization option for spouses is not available once the overseas tour is over. An alien spouse is eligible for expeditious naturalization even if she is a conditional resident.

The applicant does not have to reside within the jurisdiction of the district of the Service where naturalization is sought, and the naturalization application thus can be filed in any district of the Service. For more information:

· The National Customer Service Center provides information about the naturalization process for persons living in the continental United States. 1-800-375-5283

· The USCIS Internet Home Page provides information, instructions, and downloadable forms and guides. http://uscis.gov.

· You may wish to contact your local legal assistance office. An attorney may be able to help you file the appropriate documents and provide answers to more specific questions.

http://legalassistance.law.af.mil/content/...immigration.htm

Can I still file for naturalization even if I am already here in Germany? I am a CPR. I did not know about this special clause for military spouses until I got here this year. We are going to be here in Germany until July 2009. and my hubby is deploying to Iraq March 2008. Could I file the paperwork here and just go back to the US for the biometrics and interview??

Edited October 15, 2007 by fussycathy