Naturalization for Military Spouse

[Schatzi 0]

My husband has been in the military for just a year and is currently in his first tour of duty in Iraq. I recently became a Conditional Permanent Resident last Oct. 18, 2006. Are there any special clauses for military people? As far as I know, I still need to lift conditions two years from now. But someone here in VJ told me that I am eligible for naturalization because I'm a military spouse and that I don't need to lift conditions anymore. Is this true? I have read some parts in USCIS's Guide To Naturalization - that I don't need to meet the residency requirements. How true is this??

Edited January 4, 2007 by fussycathy

[riblet 0]

I just found this in the N-400 instructions:

NOTE: If you are married to a U.S. citizen who is employed or deployed abroad, you may in some circumstances be eligible for expedited naturalization under section 319(B) of the Immigration andNationality Act (INA). For further assistance, pleaserefer to our "Eligibility Worksheet" at www.uscis.gov/graphics/services/natz/wsinstruct.html.

unfortunately that link is not working b/c of the new site, but here's the new link to the guide: http://www.uscis.gov/files/article/M-476_English.pdf

On pages 23 - 24 of the guide it looks like you meet the requirements to file immediately. (I'm citing to the actual page numbers on the guide pages, not the page numbers Adobe lists in the program).

It looks like you are eligible That way you won't even need to remove conditions, that will be nice

Edited January 4, 2007 by riblet

[Schatzi 0]

Riblet - Thanks so much for the quick reply! My hubby's permanently stationed here in Germany but currently deployed in Iraq. He will be back next month. Could we file the N-400 here in Germany?? Through a JAG maybe??

[riblet 0]

It looks like maybe you can just file it at this address, but I'm not 100% sure b/c it cites different sections of the INA, I'll try to look around:

"Note on Where to File Form:

All naturalization applicants filing under the military provisions, section 328 or 329, should file their application at the Nebraska Service Center regardless of geographic location or jurisdiction. Please send your application to:

Nebraska Service Center

P.O. Box 87426

Lincoln, NE 68501-7426"

Glad to help

Riblet - Thanks so much for the quick reply! My hubby's permanently stationed here in Germany but currently deployed in Iraq. He will be back next month. Could we file the N-400 here in Germany?? Through a JAG maybe??

[riblet 0]

I just found this:

What if I live overseas? If you

are overseas and filing an

N-400, you should send your

application to the Service Center

that serves the USCIS office

where you want to be

interviewed. For example, if you

want to be interviewed in the

Honolulu office, you should send

your application to the California

Service Center.

What if I am currently serving

in active duty status in the

military? If you are applying for

naturalization based on

qualifying military service, and

are currently serving in an active

duty status, you should go to

your service’s personnel office

for information on how to

prepare your application. You

should speak to your personnel

office even if you are stationed

overseas.

So probably speaking with the JAG would be a good idea

[jodee 30]

Cathy,..I can tell you right now,..you can NOT lodge your application for naturalization in Frankfurt, Germany. I took the time to ring the USCIS there, and naturalization is not an option there. You have to send it back stateside. And you do have to go back to the States for your test, and ceremony, which more commonly than not are on different days.

The only part of the information given to you above, valid to us as spouses of US military deployed, is we qualify to lodge early. And you still, need to apply to lift conditions, regardless, if you have already been Naturalised.

JAG cannot help you with the application.

I would really suggest you ring the USCIS in Frankfurt to confirm this.

Jodee

[Schatzi 0]

Naturalization for Military Personnel

Hi Jodee

so are you saying I am still required to lift conditions? I have read somewhere in the USCIS website that it's ok to lodge the Naturalization papers in Nebraska service center while overseas... and regardless of whether you are CPR or LPR, as long as you are eligible, there is no need to lift conditions.. Correct me if I'm wrong on my understanding of this...

Please click the link above

Edited January 5, 2007 by fussycathy

[jodee 30]

I officially stand corrected, and was misinformed by the USCIS in Frankfurt, in regards to the lodgement of the I-751 after expedited naturalization. Everything else I said in regards to the naturalisation, such as you physically being stateside for the process, lodging it stateside, and that we qualify is still correct.

ok,..I did a LOT of searching and found this,...firstly, read in particular the part I have put within ***** and ******* (stars),..

INA: ACT 319 - MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

*****( B) Any person,

(1) whose spouse is

(A) a citizen of the United States,

( B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

© regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required. *******

Then,...read this in between the stars****** and *******

******(k) Naturalization Issues Relating to Conditional Residence .

.(1) Form I-751 Filed by a Naturalized Citizen . If, prior to the second anniversary of his or her date of admission or adjustment as a conditional permanent resident, an alien naturalizes (such as an alien who qualifies under sections 319( B ) , 319© or 319(d) of the Act), the requirement to apply for removal of conditions no longer exists. Should a naturalized citizen file a Form I-751, either jointly with his or her spouse or individually as a waiver under section 216©(4) of the Act, the naturalized citizen should be advised in writing that, as a citizen of the U.S., the removal of conditions provisions do not apply to him or her. If there was Service error involved in the Form I-751 being filed (for example, if the citizen received a computer-generated notice from the Service that he or she had to file such petition), the filing fee should be refunded. The Form I-751 should be counted as a statistical denial. *******

YOU or more importantly, WE qualify under 319( B).

I am going to send an email to the USCIS Frankfurt quoting these laws, and see what they say. The only stipulation in reading it, is that is YOU must be physically present in the States when applying for it, just as I stated before, in previous posts.

Ok,..there you go,...

Jodee

editted to note: wherever you see a smiley face a "b" should be there,..i tried editting to suit but the smiley kept coming up,..

Edited January 5, 2007 by jodee

[Schatzi 0]

Hands up to you Jodee!

[Schatzi 0]

How true is this though??

_{If You Qualify...}

_{Every military installation should have a designated point-of-contact to handle your application and certify your Request for Certification of Military or Naval Service (N-426). You should inquire through your chain of command to find out who this person is, so they can help you with your application packet.}

_{Your point-of-contact will send your N-400, G-325B, and certified N-426 to:}

_{The Nebraska Service CenterPO Box 87426 Lincoln, NE 68501-7426}

_{The Service Center will review your application and perform the necessary security checks. Then, they will send it to the district office closest to your location. If you have a preference as to where you would like to be interviewed, you can provide that information in a cover letter attached to your naturalization packet. The district office will set a date to interview you and test your knowledge of English and Civics. If granted, USCIS will inform you of the date you can take your oath of allegiance.}