Curious

[MichelleClark 0]

Hi

Not sure this is the correct forum but I'm sure I'll be redirected if not.

My question is this.. I am now married to a US Army soldier. The only reason I am in the US is for us to be together and he has now been told he will be deploying in April for at least 9 months. I obviously dont want to throw away any progress we have made in our journey to be together. I have got my Ead,AP and 2 year GC. If I decide I want to go back home for the time he is deployed or if I want to find work in another country where I have many friends and family will I be able to do this and what would I need to do to retain my 2yr GC and file for ROC when the time is right.

Any advice would be hugely appreciated. I love my husband with my whole heart and support him in everything he does but I dont want to be here without him when I have support systems in other countries.

[Stephen + Elisha 92]

One option for you, since you have your 2-year GC, might be to apply for expedited naturalization on the basis of his impending deployment: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8aa13e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD. Once you obtain US citizenship, you'll be able to travel abroad freely.

Also, if you're not familiar with it already, the USCIS Military Help Line might be useful for you: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

[Thatgirl2 21]

One option for you, since you have your 2-year GC, might be to apply for expedited naturalization on the basis of his impending deployment: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8aa13e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD. Once you obtain US citizenship, you'll be able to travel abroad freely.

Also, if you're not familiar with it already, the USCIS Military Help Line might be useful for you: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

Would that work even if GC was newly issued and far from that 90 day 10 year GC filling gap?

[Stephen + Elisha 92]

Would that work even if GC was newly issued and far from that 90 day 10 year GC filling gap?

On its face, Section 319(b) of the Immigration and Nationality Act would appear to allow it even if the GC is newly issued. It states:

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.

"no prior residence of specified period of phyiscal presence within the United States" means that the 3-year residence requirement and 18 month physical presence requirement for USC spouses are waived.

[Thatgirl2 21]

And to got through with it you out together the same package you would for the normal naturalization, except you have to add the orders and request for expedite ?

[Tiekey 1]

Just to point out that 319(b) filing requires a miniumum deployment of 12 months from date of oath. Allowing 6 months from application to oath, means he'd need a deployment for at least 18 months. The OP's husband has only 9. So wouldn't be eligible for expedited naturalization.

[ecg19 7]

One option for you, since you have your 2-year GC, might be to apply for expedited naturalization on the basis of his impending deployment: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8aa13e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD. Once you obtain US citizenship, you'll be able to travel abroad freely.

Also, if you're not familiar with it already, the USCIS Military Help Line might be useful for you: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

This is not at all true.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartI-Chapter9.html

2. Spouses of Military Members who are or will be Stationed or Deployed Abroad (INA 319(b))

The law permits expedited naturalization in the United States for eligible spouses of U.S. citizen service members who are or will be stationed or deployed abroad.[11] This provision does not require any prior period of residence or specified period of physical presence within the United States for any LPR spouse of a U.S. citizen who is an employee of the United States Government (including a member of the U.S. armed forces) or recognized nonprofit organization who is stationed abroad in such employment for at least one year.[12]

OP I think that you need to be careful as there are limitations as to how long you can be overseas while you have a green card. It's mainly to do with whether the USA would think you have 'abandoned' your status in the USA. Would you keep a lease of a house etc.?

http://www.uscis.gov/files/nativedocuments/M-618.pdf Page 10 of this document discusses re-entry. I think people generally consider <1 year will not effect the green card, but I'm not sure how that would effect your application for removal of conditional status.