need help ;p

[SHIAN 0]

i recently got my conditional 2-year greencard from raleigh NC USCIS last week of october now my husband will be stationed in okinawa japan this january we will be stationed there for three years the least i asked the one who interviewed me in raleigh about this about what will happen to my status and he was like you might have some problems with it since you are only allowed to stay outside of the US in a certain period of time on a greencard now im confused since i have always believed that being on military orders on a foreign country is still considered on a US soil

i would like to have anyone's opinion please

thank you so much!

[YuAndDan 153]

Time out of the USA when US citizen is in the military is considered to be RESIDENT.

When the time comes to file I-751 to remove conditions, there are additional things required PER I-751:

Exception: Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following items with Form I-751:

1. Two passport-style photos for applicants and dependents, regardless of age.

2. Two completed fingerprint cards (Form FD-258) for applicants and dependents between the ages of 14 and 79. You must indicate your Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. Military Installation.

In order for USCIS to identify filings based on military or government orders, applicants are required to indicate on top of Form I-751, "ACTIVE MILITARY or GOVERNMENT ORDERS", and submit a copy of their current military or government orders.

Also time overseas does not count against naturalization when based on military deployment.

Recommend filing N-470 to preserve residency for naturalization.

Form N-470:

In certain limited situations, a person may be able to preserve residency, previously accumulated for naturalization purposes, even though he or she may be residing outside the United States for longer than one year. Thus the time spent abroad may be counted toward the residency requirement.

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

To obtain approval to preserve residency, such permanent residents must file a Form N-470 application before departing from the United States.

The regulations are different for religious workers proceeding abroad to perform religious duties. Religious workers may apply before or after departure, or after return to the United States. They are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Filing a Form N-470 does not relieve a permanent resident from obtaining a reentry permit, in advance of trips outside the United States for a year or more, nor does it relieve the applicant from the naturalization law's physical presence requirement.

An applicant qualifying for the residency preservation may extend the benefit to his or her spouse and dependent children who are all members of the same household and have lived with the principal applicant while abroad.

Another exception to the residency requirement is made for alien members of the U.S. armed forces. A permanent resident employee of the U.S. government abroad who has filed a Form N-470 is considered physically present in the United States during such employment abroad. He or she does not need to obtain a reentry permit.

http://www.uscis.gov/files/form/N-470instr.pdf

[SHIAN 0]

Time out of the USA when US citizen is in the military is considered to be RESIDENT.

When the time comes to file I-751 to remove conditions, there are additional things required PER I-751:

Exception: Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following items with Form I-751:

1. Two passport-style photos for applicants and dependents, regardless of age.

2. Two completed fingerprint cards (Form FD-258) for applicants and dependents between the ages of 14 and 79. You must indicate your Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. Military Installation.

In order for USCIS to identify filings based on military or government orders, applicants are required to indicate on top of Form I-751, "ACTIVE MILITARY or GOVERNMENT ORDERS", and submit a copy of their current military or government orders.

Also time overseas does not count against naturalization when based on military deployment.

Recommend filing N-470 to preserve residency for naturalization.

Form N-470:

In certain limited situations, a person may be able to preserve residency, previously accumulated for naturalization purposes, even though he or she may be residing outside the United States for longer than one year. Thus the time spent abroad may be counted toward the residency requirement.

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

To obtain approval to preserve residency, such permanent residents must file a Form N-470 application before departing from the United States.

The regulations are different for religious workers proceeding abroad to perform religious duties. Religious workers may apply before or after departure, or after return to the United States. They are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Filing a Form N-470 does not relieve a permanent resident from obtaining a reentry permit, in advance of trips outside the United States for a year or more, nor does it relieve the applicant from the naturalization law's physical presence requirement.

An applicant qualifying for the residency preservation may extend the benefit to his or her spouse and dependent children who are all members of the same household and have lived with the principal applicant while abroad.

Another exception to the residency requirement is made for alien members of the U.S. armed forces. A permanent resident employee of the U.S. government abroad who has filed a Form N-470 is considered physically present in the United States during such employment abroad. He or she does not need to obtain a reentry permit.

http://www.uscis.gov/files/form/N-470instr.pdf

thank you for this one!

it truly helps me a lot now!

have a great night!