Sure It's Been Asked Before

[Khal_Drogo 50]

But I'll ask it again.

My orders at my current assignment are up this summer. I am attempting to secure orders to another duty station, however, this next duty station is in England. If I do get the orders (chances are looking good that I will right now), I would move from my current duty station in Ohio to England in early 2014. Now, if everything goes relatively smoothly, and by that I mean my wife gets her visa and comes to live with me in the U.S., what are we looking at here in terms of options? Will my wife be able to accompany me on the move, or will her conditional status prevent her from doing so? And if she can accompany me, what would it do for her in terms of getting a visa to live in England with me?

It's sort of a confuzzling situation.

[Cathi 5,747]

With a green card the LPR is not allowed to travel outside the US for more than 180 days out of any given year, any more than that and the LPR gives up their green card status. You are in the military, so I am not sure if they make exceptions because of your orders, common sense would say they do. But as we all know some things that go along with immigration don't make 100% sense all of the time. If someone else with this experience doesn't chime in, perhaps you could call USCIS to find out. Good luck and thank you for your service!!!

[Khal_Drogo 50]

I have called USCIS and asked, but, as you probably well know, it sounded like they were reading off a script. They mentioned adjudication of the case, but when I tried to clarify, they said they weren't able to answer that. I'm thinking of hitting up JAG when I get back to see if they can't help me out, but right now I want to make sure I get input from all sides.

I have the option to extend at my current duty station, however when I return from my deployment in March, the decision will have to be made then to either extend and risk giving up England as an option for the forseeable future or apply for it and HAVE to go in early 2014.

[Jamnan_n_Steve 17]

Bot sure if there is companion section for LPR, but marriage to a USC in the military can proceed with naturalization:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

steve from

jamnan_n_steve

[Lornaevo 48]

I was told that US Army bases are considered US Soil, so technically she won't be outside of the US.

[Khal_Drogo 50]

Well, the base I would be going to is a British base, not an American one, so it's British soil, and we wouldn't qualify for housing on it, so we will have to live off-base.

Steve, thank you, I have not seen that before. I have saved that page and will be looking further into it.

[VanessaTony 3,567]

She would have to file for expedited naturalization due to your being stationed overseas. It's explained in the N-400 instructions. Look up that form and instructions and it will explain it to you.

[Khal_Drogo 50]

Awesomesauce, thank you.

Random spin question, how long do you think it would take? It's no biggie, my family is more than willing to temporarily offer their roof for her while I'm getting things done, but obviously we don't exactly want that to be option A.

[Shellz 0]

Awesomesauce, thank you.

Random spin question, how long do you think it would take? It's no biggie, my family is more than willing to temporarily offer their roof for her while I'm getting things done, but obviously we don't exactly want that to be option A.

I PCSed with my husband to Germany while on my conditional green card. It is not a hindrance to her since you are on orders and if she is included on it, or you gain Command sponsorship once you get housing over there she can travel with you. Your time abroad on orders will not count as out of the country. As someone said before, once you get your orders apply for expedited citizenship via 319(b)before you leave. I am abroad and must return home for the interview next month. Its not a pain in the but. The only thing is they will not schedule her interview before 45 days to your official departure. Let me know if you have any other questions.

ETA: my process will take roughly two months since filing to interview. As soon as you get your orders apply. She can apply as a conditional green card holder as well.

Edited January 25, 2013 by Shellz

[Scott and Mhay 57]

If she gets to the US in time to get the green card and you can get her on your orders she can live with you overseas without worry of losing her permanent residence status. My wife travelled to italy with me on a conditional green card and we removed her conditions here already. As long as she is command sponsored, she is considered to be living on US soil.

Now if you have around 6 months before you guys leave the states and she has a green card, she can apply for expedited citizenship provided that she will naturalize while in the US before you leave. Most likely this will be pretty hard to do within the timeframe after you get your orders since in most cases you wont get them until 60-90 days prior to your departure.

She can also naturlize overseas, but she has to be a LPR for at least 3 years before you can apply for that.

It is worth the shot of doing in the US and if it isnt complete before your departure, then she can still accompany you or just wait until the naturalization takes place and follow. If she accompanies you, she will have to fly back to the states to complete the process.

[ecg19 7]

You actually can't apply for expedited citizenship until 90 days prior to your departure date to your overseas assignment, so you don't need 6 months prior to applying at all.

I am a conditional permanent residence, we are waiting for my husband's hard orders so I can put in for expedited citizenship. I have been here in the USA a month. If I have to fly back from Ramstein for my interview, I am more than willing to do that to give me more job options on base!

You will be fine - don't worry about it, it happens all the time, even though JAG will tell you they don't have any clue about it!

[Khal_Drogo 50]

Thank you.

JAG on base is pretty clueless, but there's an officer lawyer that works there who is from Poland and gone through it all, and she was instrumental in helping me understand the I-130 process. So usually I just ask for her lol.

But that's what we were thinking. I got no problem flying back to the U.S. with her for the ceremony. As long as it gets done, we'll be happy.

[Thatgirl2 21]

Actually, with duty stations you can't expedite the naturalization, because if she has to apply for the citizenship or ten year greencard while you're stationed overseas, the embassy will take care of that for her, because you are in the military.i don't know which exact state your case is at, but it's probably best to discuss that whole thing at the interview.

But I had that problem, actually.

We are married, at that point I didn't have my green card and my husband was about to get stationed in Japan. I did a little digging, and once you're married, military has higher priority over immigration, meaning immigration offices will speed up the process, expedite or make exceptions. So i suggest discussing your plans at the interview.

[Khal_Drogo 50]

Okay, which interview? Right now, the paperwork for her visa is in the mail to the NVC; the interview for the visa should be scheduled any week now (barring any mistakes or mishaps with the paperwork). That interview?

So let me just make sure I'm understanding you correctly; she can go with me to England as a Conditional LPR, but will have to apply for naturalization at the American embassy in London. Will she still have to wait the few years, or can she do it pretty much right away?

[Thatgirl2 21]

Okay, which interview? Right now, the paperwork for her visa is in the mail to the NVC; the interview for the visa should be scheduled any week now (barring any mistakes or mishaps with the paperwork). That interview?

So let me just make sure I'm understanding you correctly; she can go with me to England as a Conditional LPR, but will have to apply for naturalization at the American embassy in London. Will she still have to wait the few years, or can she do it pretty much right away?

The interview at the embassy ( it's not a visa because you guys are married. She will be getting her green card if approved ). Because you are married, you can have her added to your orders, and then yes, she can come to England with you, because technically your base is considered US soil.if she has any immigration problems she needs taken care of while in England, she can just go to the embassy instead of a field office. Expediting the neutralization process only works if you are getting deployed, which you're not.

I must add this, at any given time you have the right to apply for an expedite, but it doesn't mean it will get approved.

Edited January 28, 2013 by Thatgirl2