overseas military spouse

[brn_shuga 0]

Hi guys,

So I am a Navy wife and live in Japan. I got my CR-1 in October '05 but am able to apply for my citzebship now. The problem is with the question of when how many times have I been outside the US in the last 5 years I auctally only lived in the US all together for about 5 months so I don't know how to answer the question.

[meauxna 15]

I was advised that for a marriage-waiver case, the questions should be answered by substituting "3 years" for "5 years".

Perhaps the same scenario applies to you, substituting 'time since PR date"? Can the JAG answer the question for you?

[Welshcookie 17]

It is my understanding that once you are a military spouse any time spent outside the US due to your partners service is counted as 'physical presence'...so all the time you spend in Japan will be counted as if you were in the US. I found lots of info for this in the Guide To Naturalization (page 22) on the USCIS website.

I have only started to do my research on this myself so if anyone knows any different I am all ears too

http://www.uscis.gov/graphics/services/natz/English.pdf

[tonyt 0]

Your time outside the states in a military capacity, counts as physical presence.

i am an LPR who has been in the military for 12 years and six spent outside the states, when i filed the N400 i just stated that i was overseas due to militay assignment.

hope this helps you. and good luck.

tonyt.

[okieskies99 0]

When you are applying under 319b, there is a lot of misinformation. The best thing to do is go straight to the source - the INa, CFR and USC. I've summarized the requirements of the laws below. What gets people is that interpretation isn't published. I don't know how the USCIS reacts when their own processing times are the cause of a broken requirement, and haven't seen a post that details the situation. It is possible with some of the processing times that I've heard of that, despite the application being submitted early in a 1 year overseas tour, the interview date might not be until after that year is over. I hope mine won't be the first.

The spouse can apply even though he/she is only a condition resident - True. Theoretically, I think the spouse may be able to apply before that, and may just need to be a resident on the interview date. With some of the sub-offices doing the DORA program, and claiming that you'll get your green card in 90 days, you may be able to make a good case. However, I think this would be too confusing for the IO processing the case, but who knows. The new DORA

The other piece of misinformation is the unfortunately worded "unaccompanied tour" versus the more appropriate "non-command sponsored" tour. Even in the military, there are those that think that it means you can't bring your wife. In almost every case, an adventurous wife can go just about anywhere, as long as they are willing to go without SOFA staus, and without the service paying for their travel. I have even read JAG products that mention the accompanied status. Its just not true. Example - I'm here in Korea living "unaccompanied". My wife and I go to be each night in the same apartment. Under the wording in the FEDERAL laws listed below, we meet the criteria for rule 319b.

The hard part is that sometimes the IO's hear unaccompanied, and they don't know enough about the military to realize that it doesn't mean a spouse is "barred" from willingly living in the same country with the husband/wife. The only org. that could bar someone from entry is the foreign country's visa/passport requirements.

Time outside the united states is N/A for the 319(b) app. There are no residency or time in U.S. requirements. You don't even need to worry about whether or not living near a military base where you spouse is stationed is acceptable, because there is no residency requirement. Many mil members don't live near a base overseas, and the law goes beyond mil members to include gov't and some non-gov't entities, which don't usually live on military bases.

I applied for expedited naturalization under:

EXPEDITIOUS NATURALIZATION FOR DEPENDENT SPOUSES (INA §319(b); 8 U.S.C. 1430(b); 8 C.F.R. § 319.2; DOD DIR 5500.14)

To meet the requirements above you need to show that:

1 You have a spouse who is a citizen of the United States

2 You are admitted to the U.S. as a lawful Permanent Resident

3 He is in the employment of the Government (see law for other agencies) of the United States regularly

stationed abroad in such employment for a period of not less than one year

4 I reside abroad with the citizen spouse

keywords: military n400 spouse 319b 319(b) FLO overseas expedited expeditious naturalization naturalisation dependent