Service in FOREIGN Military

[TouristThe 0]

I'm an American citizen, my wife is an Italian citizen, and we have a dual citizen three year old son (American & Italian).

We were married in Italy, where we reside, and have been married since mid-2008.

My wife serves in the Italian armed forces. She would like to take an official leave of absence from her military career, leaving it in standby, while we attempt to establish ourselves in the U.S. Obviouslly, leaving her job in standby would give us a chance to return to a secure and steady income in Italy if everything goes up in flames.

I've scoured the internet for details about how she must behave in this case, but I can only find information relative to American military personnel married to foreign nationals, and nothing regarding Americans married to foreign nationals serving in their respective countries armed forces.

Since she will be arriving eventually on a immigrant visa, but will not be applying for American citizenship until several years later, can she maintain her leave of absence, or in applying for the IR-1 will they insist she present her resignation and end her military career. The leave of absence expires after one year so were things not to work out we'd have to relocate back to Italy within one year or she no longer be in the Italian military anyway.

I'm happy to provide further clarification. Thanks in advance for your help!!!!!

[Operator 1,927]

Very interesting question. First of all I'm amazed that someone can take a leave of absence from military service, I have not heard of that.

A quick Google search didn't turn up anything about LPRs but it did say this about US Citizens so I imagine it would not be any easier for an LPR. Then again LPRs don't have to take an oath either...

Although a person's enlistment in the armed forces of a foreign country may not constitute a violation of U.S. law, it could subject him or her to Section 349(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1481(a)(3)] which provides for loss of U.S. nationality if an American voluntarily and with the intention of relinquishing U.S. citizenship enters or serves in foreign armed forces engaged in hostilities against the United States or serves in the armed forces of any foreign country as a commissioned or non-commissioned officer.

Maybe someone has a real answer though, good luck either way.

Edited September 17, 2013 by Operator

[Apapaia 25]

If I understood your situation, you should apply for a IR-1 while you are in Italy since it would be illegal for your wife to go to the States with the intent of staying if she doesn't have an immigrant visa. Also since you're an American citizen living abroad, you guys might be able to get your petition expedited which means that it should go much faster than other petitions where the couple lives apart. I think it would be better for your wife to get her "pause" from the army once she gets her Visa.

Wait for the experts though, I might be very wrong

Good luck

Edit/add: not sure if you guys can expedite your petition OR do a DCF, your petition goes to the consulate and skips the loooooong wait. But then again, wait for the experts or go to a consulate if you can

Edited September 17, 2013 by Apapaia

[TouristThe 0]

Thanks for your quick reply Operator.

I believe the information you culled refers, in particular, to Americans who serve in foreign military forces (as Americans).

That is why I was asking, until my wife is even able to apply for citizenship, could she potentially keep her career hiatus going. It is something all individuals who work for the Italian state are entitled to and once a year has passed you must either return to your career or yield it to someone else. During the year it is in standby your career is at a standstill and you do not earn a salary, make progress in your career, etc.

Obviously, once we see things are panning out, which they should, then she would present her official resignation, and await to apply for citizenship.

Who knows? Obviously, this would be a huge benefit to us and more than anything else it would alleviate worrying about not finding the jobs we're aspiring to, but I worry that it won't be so easy. Unfortunately, I can find nothing online, and worry I might have to speak with an attorney.

Thanks again Operator and anyone else who has anything to contribute! We really appreciate it!

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Europe & Eurasia regional forum; topic is not a spouse visa case status update and OP is specifically inquiring about how his spouse can remain on active status in the Italian military.

[TouristThe 0]

Not how, but if.

[Apapaia 25]

I don't quite understand what you are asking for so I'm gonna try to "aswer" to what I think you asked.

You are saying that your wife plans on getting her 1 year standby (aspettativa) and you guys plan on going to the States and see if things work out for you there. At this point you want to know if it's possible for your wife to have another year off or anyways more time so she can apply for citizenship. Well if I am not wrong one of the requirement to apply for the citizenship is to not work for any other army so your wife would have to give her career up anyways.

One thing your wife can do is to move to the US (after the whole visa hell) and start working right after she gets her green card. Unfortunately some things may take longer in the States like getting your Green card (some people waited 3 weeks some others had to wait for longer) and you have to try to make your life work in 1 year to make sure you can give up to whatever you have in Italy and move to the US.

Make your wife ask at work what she can do. For all I know you can ask another year of "aspettativa" /standby IF your boss allows it but it might work differently in the army. A friend of mine works as a teacher and she took a first year of stanby and then went to talk to the school's principal and she was allowed to have a 2nd standby. Again it might be different for the army.

I don't know if I answered any of your questions, if not try make a more direct question so we can help you better!

Good luck!

[TouristThe 0]

Here's the reply I received from the U.S. Consulate in Naples, Italy:

QUOTE

Good Afternoon,

Her enlistment in the Italian military will not impact the IR1 petition. Please refer to http://italy.usembassy.gov/dhs/uscis/services/i-130.html for directions on how to proceed.

Regards,

IV Unit

Naples, Italy

UNQUOTE

[aaron2020 11,651]

Here's the reply I received from the U.S. Consulate in Naples, Italy:

QUOTE

Good Afternoon,

Her enlistment in the Italian military will not impact the IR1 petition. Please refer to http://italy.usembassy.gov/dhs/uscis/services/i-130.html for directions on how to proceed.

Regards,

IV Unit

Naples, Italy

UNQUOTE

Be careful.

While her military service has no impact on the IR1 petition, it may be different once she becomes a green card holder.

Can a green card holder be in a foreign military?