I-751 with N-400? Possible?

[milimelo 4,477]

We are scheduled to lift conditions on 3/3/2009. We have just been told that my husband will be deployed overseas starting May 2009 for a year. What are we supposed to do:

a) file I-751 and after receiving NOA1 file N400 with supporting documents?

B) as soon as we receive deployment orders - they told us Jan or Feb 2009 file N400? What do we do with I-751 then?

Confused as I did not think I'd have to deal with deployment and N400 this soon!

[AussieDude 0]

I believe you won't be able to file the N400 until 6/2010 (assuming you moved here 6/2007), so you may be back here before you file the N400. You can file the I751 while overseas since your husband is deployed by the US govt.

Actually, since you're being deployed in May, you can file the I751 before you leave in March.

[wifey246 0]

Can she get assistance from the military? Is there any department that they can consult with regarding immigration matters for the enlisted and their dependents?

[milimelo 4,477]

I believe you won't be able to file the N400 until 6/2010 (assuming you moved here 6/2007), so you may be back here before you file the N400. You can file the I751 while overseas since your husband is deployed by the US govt.

Actually, since you're being deployed in May, you can file the I751 before you leave in March.

Actually, I am not going on deployment with my husband as he is going to a dangerous area.

[milimelo 4,477]

Can she get assistance from the military? Is there any department that they can consult with regarding immigration matters for the enlisted and their dependents?

There is a USCIS line for military but as with all things USCIS they're not of much assistance

I have yet to talk to someone involved with legal/immigration matters in my husband's unit.

[AussieDude 0]

Since you're not going, then it shouldn't affect the way you file things at all. Do as you would normally, ie file I751 next March, and file your N400 in March 2010.

Your husband's deployment shouldn't affect how you file things if you're still going to be in the US.

[milimelo 4,477]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

[AussieDude 0]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

Really? You get to skip removal of conditions? If so, that is awesome.

However, since the instructions don't seem to mention any of this, I'd advise you to double check that. I know the advice was from a congressman and all, but I'm kinda curious that they let you skip the removal of conditions.

[milimelo 4,477]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

Really? You get to skip removal of conditions? If so, that is awesome.

However, since the instructions don't seem to mention any of this, I'd advise you to double check that. I know the advice was from a congressman and all, but I'm kinda curious that they let you skip the removal of conditions.

No, the reply was from the service center - congressman's office forwarded my question (which was I-751 and N-400 at the same time or direct to N400) and they said N400 only.

[bettenan 1]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

Really? You get to skip removal of conditions? If so, that is awesome.

However, since the instructions don't seem to mention any of this, I'd advise you to double check that. I know the advice was from a congressman and all, but I'm kinda curious that they let you skip the removal of conditions.

No, the reply was from the service center - congressman's office forwarded my question (which was I-751 and N-400 at the same time or direct to N400) and they said N400 only.

Please do not take this as a smart a$$ answer but I hope you got the answer in writing. This comment comes from a government employees that KNOWS that the information govt employees give is not always 100%...this is not intentional ..often they don't know and just answer. I'm not going to go into a debate about lazy government employees not doing research, but unless you have that in writing, I would double check and not take the answer for granted.

[john_and_marlene 162]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

Really? You get to skip removal of conditions? If so, that is awesome.

However, since the instructions don't seem to mention any of this, I'd advise you to double check that. I know the advice was from a congressman and all, but I'm kinda curious that they let you skip the removal of conditions.

No, the reply was from the service center - congressman's office forwarded my question (which was I-751 and N-400 at the same time or direct to N400) and they said N400 only.

Please do not take this as a smart a$$ answer but I hope you got the answer in writing. This comment comes from a government employees that KNOWS that the information govt employees give is not always 100%...this is not intentional ..often they don't know and just answer. I'm not going to go into a debate about lazy government employees not doing research, but unless you have that in writing, I would double check and not take the answer for granted.

It's already in writing (See page 20 - 21 of the Naturalization Guide)

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S.

Government;

• An employee of an American institution of research

recognized by the Attorney General;

• An employee of an American-owned firm or corporation

engaged in the development of foreign trade and commerce

for the United States;

• An employee of a public international organization of which

the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a

religious denomination or an interdenominational

organization with a valid presence in the United States

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. Form N-400 should be filed prior to departing.

No Minimum time as a permanent resident

Continuous presence is N/A

Physical Presence is not required

Time in the district or state is not required

[bettenan 1]

Just an update with info received from service center via congressman's office: as soon as orders are in, filing straight for N-400 only.

Thank you for all of your input, I have my answer now.

Really? You get to skip removal of conditions? If so, that is awesome.

However, since the instructions don't seem to mention any of this, I'd advise you to double check that. I know the advice was from a congressman and all, but I'm kinda curious that they let you skip the removal of conditions.

No, the reply was from the service center - congressman's office forwarded my question (which was I-751 and N-400 at the same time or direct to N400) and they said N400 only.

Please do not take this as a smart a$$ answer but I hope you got the answer in writing. This comment comes from a government employees that KNOWS that the information govt employees give is not always 100%...this is not intentional ..often they don't know and just answer. I'm not going to go into a debate about lazy government employees not doing research, but unless you have that in writing, I would double check and not take the answer for granted.

It's already in writing (See page 20 - 21 of the Naturalization Guide)

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S.

Government;

• An employee of an American institution of research

recognized by the Attorney General;

• An employee of an American-owned firm or corporation

engaged in the development of foreign trade and commerce

for the United States;

• An employee of a public international organization of which

the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a

religious denomination or an interdenominational

organization with a valid presence in the United States

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. Form N-400 should be filed prior to departing.

No Minimum time as a permanent resident

Continuous presence is N/A

Physical Presence is not required

Time in the district or state is not required

[AussieDude 0]

It's already in writing (See page 20 - 21 of the Naturalization Guide)

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S.

Government;

• An employee of an American institution of research

recognized by the Attorney General;

• An employee of an American-owned firm or corporation

engaged in the development of foreign trade and commerce

for the United States;

• An employee of a public international organization of which

the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a

religious denomination or an interdenominational

organization with a valid presence in the United States

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. Form N-400 should be filed prior to departing.

No Minimum time as a permanent resident

Continuous presence is N/A

Physical Presence is not required

Time in the district or state is not required

I believe the OP is staying in the US, not joining her husband.

Anyhow, my confusion is about the fact that she will be skipping the removal of conditions, not the fact that naturalization will be filed early.

[john_and_marlene 162]

It's already in writing (See page 20 - 21 of the Naturalization Guide)

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S.

Government;

• An employee of an American institution of research

recognized by the Attorney General;

• An employee of an American-owned firm or corporation

engaged in the development of foreign trade and commerce

for the United States;

• An employee of a public international organization of which

the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a

religious denomination or an interdenominational

organization with a valid presence in the United States

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. Form N-400 should be filed prior to departing.

No Minimum time as a permanent resident

Continuous presence is N/A

Physical Presence is not required

Time in the district or state is not required

I believe the OP is staying in the US, not joining her husband.

Anyhow, my confusion is about the fact that she will be skipping the removal of conditions, not the fact that naturalization will be filed early.

The requirement is permanent residence...no minimum time...1 day is all it takes. The requirement is not restricted to exclude permanent residents with conditions. A conditional permanent resident is a permanent resident.

If she will not be joining her military spouse to the overseas assignment, then she does not qualify for expedited naturalization and will have to remove conditions when the appropriate time comes.

[cherr1980 1]

For better information she can contact the JAG office at her husband's unit. They know pretty straight forward those issues plus with the Iraq war many rules have been applying for alien spouses and dependents...so not necessarily the most recent stuff is out there or is even available just by google it.

"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."