Citizenship through Military and Conditional Green Card

[LotofPatience 65]

Dear fellow Visa Journey members,

It has been a while since I logged into VJ. Hope most of you guys are settled down with the Green Card and whoever is waiting is closer to the Green card now.

My wife got a civilian job in U.S Army. She was told that she can apply for U.S citizenship after 1 year serving with the Army. I verified the USCIS website and it is true. Also, there is no need to pay citizenship fee.

She came here on Conditional green card. So, we need to remove the condition in July 2010, after 2 years of arrival. Now, she will be eligible to apply for U.S citizenship in Nov 2009. My question is - should we remove the condition and then apply the citizenship OR in this case, removing the condition is optional and not needed ? Please help us.

Loto

[yeye 0]

Loto,

I don't have the answer to your question. But, I want to take this opportunity to thank you for the wonderful guide which you put together for CR1/IR1 visa.

So many of us have benefitted from it. Can't thankyou enough for putting together the guide.

Hope somebody on this forum will have answer to your question.

Best wishes.

[MsZ 6]

I'm guessing the latter, Loto. I'd tell you to call USCIS or NVC but you know how that goes!!!

[cantwait2long 0]

Loto

Your answer lies in the instruction for application for naturalization

Read here.

A person who has served honorably in the U.S. Armed Forces,

If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service.

Based on thsi paragraph thwre are three requirements:

1. At least 18 years of age....your wife satisfy that requirement.

2: A LPR....the requirement here is LPR and a conditional green card holder is still considered LPR. So your wife satisfy that requirement.

3. A person who has served honorably in the U.S. Armed Forces for least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service. This requirement is solely depende upon your wife's employment and hope that will not be an issue when she applies files N-400.

EVERYTHING IS ALL RIGHT MAN.

[LotofPatience 65]

Loto

Your answer lies in the instruction for application for naturalization

Read here.

A person who has served honorably in the U.S. Armed Forces,

If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service.

Based on thsi paragraph thwre are three requirements:

1. At least 18 years of age....your wife satisfy that requirement.

2: A LPR....the requirement here is LPR and a conditional green card holder is still considered LPR. So your wife satisfy that requirement.

3. A person who has served honorably in the U.S. Armed Forces for least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service. This requirement is solely depende upon your wife's employment and hope that will not be an issue when she applies files N-400.

EVERYTHING IS ALL RIGHT MAN.

Thanks cantwait2long, yeye and MsZ for your feedback.

cantwait2long, This is what I am also guessing. Thanks for your detailed response.

MsZ, I'll confirm with USCIS rep (hopefully I will get a knowledgable rep) tomorrow and will post the details here.

Loto

[Completely 3]

Dear fellow Visa Journey members,

It has been a while since I logged into VJ. Hope most of you guys are settled down with the Green Card and whoever is waiting is closer to the Green card now.

My wife got a civilian job in U.S Army. She was told that she can apply for U.S citizenship after 1 year serving with the Army. I verified the USCIS website and it is true. Also, there is no need to pay citizenship fee.

She came here on Conditional green card. So, we need to remove the condition in July 2010, after 2 years of arrival. Now, she will be eligible to apply for U.S citizenship in Nov 2009. My question is - should we remove the condition and then apply the citizenship OR in this case, removing the condition is optional and not needed ? Please help us.

Loto

I have answered your question on your other post, your wife can file Naturalization under ARTICLE 319b. She does NOT need to remove condition to do this... If she did not hear anything from her N400 application 90 days before her greencard expires, she need to file a removal of condition. Inform the USCIS by putting a cover letter in the removal application that she have applied for naturalization recently.

Edited November 5, 2008 by Completely

[LotofPatience 65]

Dear fellow Visa Journey members,

It has been a while since I logged into VJ. Hope most of you guys are settled down with the Green Card and whoever is waiting is closer to the Green card now.

My wife got a civilian job in U.S Army. She was told that she can apply for U.S citizenship after 1 year serving with the Army. I verified the USCIS website and it is true. Also, there is no need to pay citizenship fee.

She came here on Conditional green card. So, we need to remove the condition in July 2010, after 2 years of arrival. Now, she will be eligible to apply for U.S citizenship in Nov 2009. My question is - should we remove the condition and then apply the citizenship OR in this case, removing the condition is optional and not needed ? Please help us.

Loto

I have answered your question on your other post, your wife can file Naturalization under ARTICLE 319b. She does NOT need to remove condition to do this... If she did not hear anything from her N400 application 90 days before her greencard expires, she need to file a removal of condition. Inform the USCIS by putting a cover letter in the removal application that she have applied for naturalization recently.

Thanks Completely! We will be filing based on Section 328, INA. As you mentioned, if we don't hear anything 90 days before the conditional green card expiry, we'll file it too by explaining it on the cover letter.

Thanks

Loto

[Completely 3]

Loto

I have answered your question on your other post, your wife can file Naturalization under ARTICLE 319b. She does NOT need to remove condition to do this... If she did not hear anything from her N400 application 90 days before her greencard expires, she need to file a removal of condition. Inform the USCIS by putting a cover letter in the removal application that she have applied for naturalization recently.

Thanks Completely! We will be filing based on Section 328, INA. As you mentioned, if we don't hear anything 90 days before the conditional green card expiry, we'll file it too by explaining it on the cover letter.

Thanks

Loto

Lotto, I am afraid that your wife may not be qualified in Article 328 as she is not a military person. Yes she may be working for the US army but as civilian but I assume that the company she works for is a private company that deals with the US ARMY, like lockheed Martin, Raytheon, CSA Ltd, KBR and other companies deals with the army.. Correct me if I am wrong with this but I have think about filing my case under 328 before but someone told me that I am not qualified on this act as I am CIVILIAN.

Here is the link for Article 328 http://www.uscis.gov/files/article/mil_natz_051608.pdf

Does your wife joined the army before or she is a DOD civilian? DOD civilian and Contractor is different..

DOD is employed by the Governent , but Contractor is employed by Companies and some has orders as well. Which entity does wife belong to. DOD or Contractor?

She may be qualified more on Article 319b.

Edited November 5, 2008 by Completely

[LotofPatience 65]

I have answered your question on your other post, your wife can file Naturalization under ARTICLE 319b. She does NOT need to remove condition to do this... If she did not hear anything from her N400 application 90 days before her greencard expires, she need to file a removal of condition. Inform the USCIS by putting a cover letter in the removal application that she have applied for naturalization recently.

Completely, thanks again. Hers is permanent position and employer is U.S Army. Though the job is civilian, she was told that she qualifies for military expedit process of the U.S citizenship. We'll clarify this again with U.S Army.

Thanks for all your detailed postings.

Loto

[frali 2]

Good luck Lotto. And I believe she qualifies for filing citizenship after 1 year as her employer is US Army.

[divi 0]

Good luck Lotto. And I believe she qualifies for filing citizenship after 1 year as her employer is US Army.

Hi Loto,

welcome back , I dont have answer for your questions , just want to say congratulation for your wife.

She just arrived In US some months ago, now she already got a civilian job and can apply citizenship quick.

Both of you are lucky.

I am so happy for both of you.

Good Luck!

[LotofPatience 65]

Good luck Lotto. And I believe she qualifies for filing citizenship after 1 year as her employer is US Army.

Hi Loto,

welcome back , I dont have answer for your questions , just want to say congratulation for your wife.

She just arrived In US some months ago, now she already got a civilian job and can apply citizenship quick.

Both of you are lucky.

I am so happy for both of you.

Good Luck!

Thanks divi and frali for your wishes

The sad part is she has almost 5 months training - First in South Carolina and the second in Virginia. Then, from May 2009, her job location will be in Staten Island. We live in New York. I'll be again bachelor for 5 months, which is equivalent to my position back when I applied her Green Card and waiting. Good thing is she can spend 2 weeks with me during Christmas vacation :-)

To All, This is just informational, the choice is entirely up to you.

If any of your spouses are interested in U.S Army civilian/military position, there are many openings available. Visit U.S Army website and go to nearest HR location and enquire more. We did it in White Plains, NY location. They have good sign-up bonus ($20,000) too if the candidate qualifies in E4 category, but there is a contract of 6 or 8 years to be with them.

[Gus21 0]

I had a question, i've been looking for this type of thread and i think i finally found it. my question is if you're elligible as a civilian what if you're in the national guard? can i join the guard and after one year apply for citizenship? because as mentioned on the website all you have to do is : be a green card holder and have served for at least one year.

thanks in advance.

Mike

Edited December 11, 2008 by Mike07

[WaitingforRakesh 0]

I would contact a JAG officer at your station. They should be familiar with the process as I know they help get people started who are going for citizenship while serving overseas.