Sure It's Been Asked Before

[ecg19 7]

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.

Sorry - what are you talking about? You seem to be talking about two different things?

If I understand the OP correctly, you are doing an i-130 at the moment, which is a petition for a VISA for your wife to enter the USA, upon which once she enters under the terms of the VISA, she will receive a green card. This process will not be an issue and if you receive your assignment details during the petition process you will be able to request an expedite of the VISA PETITION. As the OP is currently in the USA and is not yet overseas, none of that is an issue.

If the OP gets orders overseas, his wife will be added to his orders as she will more than likely be enrolled in DEERS exactly by then.

NOW - expedite of naturalization. YES the OP WILL be able to apply for expedited naturalization for his wife if he gets orders to England. The authority for this is at the following link:

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

I quote:

__________

Residence, Physical Presence, and Overseas Naturalization

for Spouses of Members of the U.S. Armed Forces

319(b)

Must be LPR but no specified period of residence or physical presence is required

Must complete interview and oath in United States

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]

__________

As you are married, your orders will be for 3-4 years and as such the minimum one year abroad requirement is met. Your wife will be eligible to apply for naturalization with minimal residence/physical presence.

I hope this helps. I've researched this within the past few days and the policy manual that I quote from only became effective within the last few days. The law changes all the time so what may have applied to a spouse before, certainly may not be the case anymore, but I know that this is as it currently stands.

By the way- the application has to be made to the USA (not London embassy) as the requirement is that the oath etc. takes place in the USA.

It's a special provision that's only been around 5 years but there's a bit around the internet about it.

[Khal_Drogo 50]

The I-130 has already been approved (it was back in November).

Right now, the DS-230 is on its way to the NVC to be looked at.

And I'm actually currently deployed overseas to the Middle East lol, but I'll be back in the USA in March. No biggie though.

And as for the U.S. soil thing, without getting into too many details, the base I would be stationed at is micro-sized. We HAVE to live off-base. And I thought all bases in England were under the British flag, not the U.S., since they are RAF bases? Maybe I'm just too special a case lol.

[lierre 224]

The I-130 has already been approved (it was back in November).

Right now, the DS-230 is on its way to the NVC to be looked at.

And I'm actually currently deployed overseas to the Middle East lol, but I'll be back in the USA in March. No biggie though.

And as for the U.S. soil thing, without getting into too many details, the base I would be stationed at is micro-sized. We HAVE to live off-base. And I thought all bases in England were under the British flag, not the U.S., since they are RAF bases? Maybe I'm just too special a case lol.

Command sponsorship is what dependents get when they are with their military loved ones.

One of our prior options for next PCS was a RAF base in England and you have to be command sponsored to be able to live there as a military dependent. So, I believe your doubt as to that base not considered US soil is unfounded.

Anyway, just to give an example... I have a non-USC friend married to her USC Navy sailor. She applied for and got her ten year green card while she was living as a command-sponsored dependent in Japan.

So, wherever your dependent can be command sponsored, it is considered US soil.

By the way, I'm married to an airman. Best of luck for your process, too.

Edited January 28, 2013 by ivyanddan

[Thatgirl2 21]

Sorry - what are you talking about? You seem to be talking about two different things?

If I understand the OP correctly, you are doing an i-130 at the moment, which is a petition for a VISA for your wife to enter the USA, upon which once she enters under the terms of the VISA, she will receive a green card. This process will not be an issue and if you receive your assignment details during the petition process you will be able to request an expedite of the VISA PETITION. As the OP is currently in the USA and is not yet overseas, none of that is an issue.

If the OP gets orders overseas, his wife will be added to his orders as she will more than likely be enrolled in DEERS exactly by then.

NOW - expedite of naturalization. YES the OP WILL be able to apply for expedited naturalization for his wife if he gets orders to England. The authority for this is at the following link:

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

I quote:

__________

Residence, Physical Presence, and Overseas Naturalization

for Spouses of Members of the U.S. Armed Forces

319(b)

Must be LPR but no specified period of residence or physical presence is required

Must complete interview and oath in United States

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]

__________

As you are married, your orders will be for 3-4 years and as such the minimum one year abroad requirement is met. Your wife will be eligible to apply for naturalization with minimal residence/physical presence.

I hope this helps. I've researched this within the past few days and the policy manual that I quote from only became effective within the last few days. The law changes all the time so what may have applied to a spouse before, certainly may not be the case anymore, but I know that this is as it currently stands.

By the way- the application has to be made to the USA (not London embassy) as the requirement is that the oath etc. takes place in the USA.

It's a special provision that's only been around 5 years but there's a bit around the internet about it.

My point is, OP's wife will not have to worry about whether or not she can receive her green card in England, because after getting through the IR-1/CR-1 interview, and entering " US SOIL " she will be receiving her green card. S that's that.the problem with the expediting naturalization page that people keep referring to, is that it does not specify information and in true USCIS manner, it leaves questions unanswered. That is why I suggested OP to discuss his plans at his wife's interview or ask her to, if possible.embassy officers are much better informed than military hotlines and some field offices.

On and all OP, yes your wife can come to England with you, considering you are deployed now and have orders for England, yes she can get her naturalization expedited. Don't worry

[Khal_Drogo 50]

We're not worried about her green card. She'll have that for a few months before I even get my orders if all goes well in the next month. I don't have my orders yet; I have to apply for the orders, and will not receive my orders, if I qualify, until at least the end of this year.

I was mainly worried about her being able to accompany me out of the country as a conditional LPR.

[ecg19 7]

Yeah the fact it's an RAF base is fine - I think there's special NATO rules that mean they can be considered one and the same for certain things. As others are stating, still US soil so to speak.

The bonus of doing the naturalization for us is that there are far more job options for a US citizen than there is for me as a NZ citizen. That's why I'm pointing out so much about the expedited situation as it will make travelling and working so much easier for your wife. Others may not see that as much of a priority though!

Good luck! Thanks for your service!

[lierre 224]

Yeah the fact it's an RAF base is fine - I think there's special NATO rules that mean they can be considered one and the same for certain things. As others are stating, still US soil so to speak.

The bonus of doing the naturalization for us is that there are far more job options for a US citizen than there is for me as a NZ citizen. That's why I'm pointing out so much about the expedited situation as it will make travelling and working so much easier for your wife. Others may not see that as much of a priority though!

Good luck! Thanks for your service!

That is so true. I am command sponsored here in Japan, but I have a dearth of options for jobs related to my field... In fact, it's like none. I can't even volunteer in a lot of positions.

Definitely better for your spouse, OP, if she becomes naturalized... If she wants to work.