N-400, Expedite and PCS

[luwichiui 0]

Good day!

My husband's duty station is in Okinawa, and he'll be there until August 2014. He went there unaccompanied (since August 2012) because I'm finishing my pre-requisites for masters here in California.

We've been married since Feb 2010, and my 3rd year LPR anniversary will be on August 2013, and I could file for citizenship 90 days before that.

I called USCIS and the guy on the other line told me that I can't file as a military spouse (expedite) because it's not a deployment, and I can't file as a "regular civilian" spouse because I'm not with him.

Boggled!

Any ideas?

[Messybrownhair 251]

I have the same question, which spouses qualify to file in Nebraska and who files at the regular places like Dallas.. No one seems to know! Hope you figure it out! In my case, my husband is active-guard in PA, currently deployed but he won't be once we file. I feel like I will just end up filing in Dallas.

[ecg19 7]

Good day!

My husband's duty station is in Okinawa, and he'll be there until August 2014. He went there unaccompanied (since August 2012) because I'm finishing my pre-requisites for masters here in California.

We've been married since Feb 2010, and my 3rd year LPR anniversary will be on August 2013, and I could file for citizenship 90 days before that.

I called USCIS and the guy on the other line told me that I can't file as a military spouse (expedite) because it's not a deployment, and I can't file as a "regular civilian" spouse because I'm not with him.

Boggled!

Any ideas?

You CAN expedite an n-400 application early due to a PCS, it's from s 319(b) of the Immigration Naturalization Act, and I already did it.

Unfortunately for you though, your husband has to have either the OCONUS orders in hand, OR, have at least 18 months of his tour left (and I believe you would have to be command sponsored and over there with him on his orders, too - which is why the guy said you are theoretically a regular civilian spouse).

I know a few ladies over here in Germany who left it too late in their husband's tour to make use of 319(b) once they found out about it, so they had to renew their green card over here.

However, if he ends up going to another OCONUS location and you get added to those orders, then you can use it. The whole process for me only took 3 months from start to finish and that was with some mistakes happening!

Either way, since you are a military spouse (assuming you have a military ID etc.) then your application will be sent to the Nebraska office and they are always quick! Another military spouse (not going under s319(b) and with no special circumstances) when I filed back in February had her oath only a week after me.

Good luck!