I-751 Process while stationed overseas

[GoingCrazy2012 16]

Thanks for your message. Actually the day after you reply (yesterday), I went to check my bank account and the check had been cleared. So we should be getting our NOA1 soon in the mail. Thanks!

[GoingCrazy2012 16]

Howdie! The day after you wrote me I went to check my bank account and I was thrilled to see that check had been cashed. So now it's just a waiting game. The NOA1 should be coming in the mail shortly. Thanks for the feedback

[GoingCrazy2012 16]

Hi All!

We received our NOA in the mail and it says that the Conditional Residence is extended for 1 year. Also somewhere else there is a note about Active Duty military overseas saying that we will not receive an appointment letter for biometrics and to ensure that the proper fingerprints and photos are submitted with the I-751 application which we did.

This NOA has a "Receipt Number" which is just like a reference number. I've read though that some folks (non-military) when they get the Biometrics appointment letter they get a "Case Number" on it and with that number they are able to track the status of their 10-year green card. I guess since we don't get that letter, there is no way to track anything.

Am I right?

[GoingCrazy2012 16]

The I-797, Notice of Action we received is titled "I-751 RECEIPT NOTICE"

Is that how it's supposed to read?

[Scott and Mhay 57]

Yeah I called the military helpline after we filed and they told me all we can do is wait. I was a bit worried but it turned out ok. You will most likely be surprised one day with the green card in the mail.

The I-797 we received said the same thing, no issues.

[GoingCrazy2012 16]

Thank you! I feel better now knowing that you guys went through the same thing

[Pamela&Terry 1]

Hello Everyone,

I was reading your post and maybe you will be able to help me. Please message me if you guys think you can guide me through this process.

My husband got orders and he will be going overseas for a year in a short tour. It is unaccompanied tour so I won't be able to go with him. After his one year tour we will be going to Germany since he got follow on orders already.

My green card will expire on August 28 and I am ready to file the 1-751 to remove conditions. However, I think I might be able to file for naturalization since we are going overseas. I am not sure if I have to file the 1-751 to remove conditions or I can file the N400 instead, or if I have to file both the 1-751 and the N400 right away.

I have read online about the EXPEDITED NATURALIZATION for Spouses of Military Members under section 319 on the INA and it seems that it might be an option.

Have any of you read about this?

Thank you again for your help!

[GoingCrazy2012 16]

Hi Pamela,

I have a friend here in Bahrain who is stationed with me, whose wife was in a very similar situation that you are. She explained to us that when she was up for Removal of Conditions she submitted all her I-751 application package, and a couple of weeks later after she had submitted, she was advised that she could apply for expedited citizenship because her husband was getting orders to the UK. She then apply for N-400 and got her citizenship even before the I-751 had been processed, so as far as know, it is possible.

So again, and just to clarify. If you are a conditional resident you MUST remove conditions. That is written in the immigration law and cannot be bypassed. However, immediately after you have applied for removal, granted you have all the paperwork to prove that your husband will be going overseas, you are entitled to apply for expedited citizenship if you wish to do so. That in some way, is one of the benefits that a military spouse has. I hope I did answer your questions. Again I'm not an immigration professional but I have been dealing with my wife's process for over 3 years, all on my own, and we are doing pretty well.

Take care

Alex

[Scott and Mhay 57]

You are going to be staying in the US while your husband is going on his short tour correct? When does he leave for his short tour? If he has hardcopy orders you DO NOT have to apply to remove conditions. Although, I don't know for sure that the short tour will count. The only requirement is that you are a green card holder. The only catch is you have to do all the appointments and naturalize while in the US. You can totally skip the removal of conditions. We were going to do this, but I didn't get my hard copy orders in time for my overseas assignment for my wife to do everything before we left. If your green card is going to expire before he leaves, then file to remove conditions. You can also call the military helpline to get the best answer.

Check it out here: http://www.uscis.gov/military/citizenship-military-personnel-family-members/citizenship-spouses-and-children-military-members

Expedited Naturalization for Spouses of Military Members

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

In general, an applicant for naturalization under section 319(b) of the INA must:

• Be age 18 or older
• Establish that his or her U.S. citizen spouse is deployed abroad as a service member
• Be present in the U.S. pursuant to a lawful admission for permanent residence (green card holder) at the time of examination on the naturalization application
• Be present in the U.S. at the time of naturalization
• Declare in good faith upon naturalization an intent to reside abroad with the U.S. citizen spouse and to reside in the U.S. immediately upon the citizen spouse’s termination of service abroad
• Be able to read, write, and speak basic English
• Have a basic knowledge of U.S. history and government (civics)
• Have been, and continue to be, a person of good moral character, attached to the principles of the U.S. Constitution and well disposed to the good order and happiness of the U.S. during all relevant periods under the law

I was reading your post and maybe you will be able to help me. Please message me if you guys think you can guide me through this process.

My husband got orders and he will be going overseas for a year in a short tour. It is unaccompanied tour so I won't be able to go with him. After his one year tour we will be going to Germany since he got follow on orders already.

My green card will expire on August 28 and I am ready to file the 1-751 to remove conditions. However, I think I might be able to file for naturalization since we are going overseas. I am not sure if I have to file the 1-751 to remove conditions or I can file the N400 instead, or if I have to file both the 1-751 and the N400 right away.

I have read online about the EXPEDITED NATURALIZATION for Spouses of Military Members under section 319 on the INA and it seems that it might be an option.

Have any of you read about this?

Thank you again for your help!

Edited May 26, 2014 by Scott and Mhay

[Pamela&Terry 1]

Alex,

Thank you for taking the time to reply to my post. I now have a better idea of what needs to be done. I will call the USCIS military line tomorrow.

I will try to keep you all post it.

Pamela

Hi Pamela,

I have a friend here in Bahrain who is stationed with me, whose wife was in a very similar situation that you are. She explained to us that when she was up for Removal of Conditions she submitted all her I-751 application package, and a couple of weeks later after she had submitted, she was advised that she could apply for expedited citizenship because her husband was getting orders to the UK. She then apply for N-400 and got her citizenship even before the I-751 had been processed, so as far as know, it is possible.

So again, and just to clarify. If you are a conditional resident you MUST remove conditions. That is written in the immigration law and cannot be bypassed. However, immediately after you have applied for removal, granted you have all the paperwork to prove that your husband will be going overseas, you are entitled to apply for expedited citizenship if you wish to do so. That in some way, is one of the benefits that a military spouse has. I hope I did answer your questions. Again I'm not an immigration professional but I have been dealing with my wife's process for over 3 years, all on my own, and we are doing pretty well.

Take care

Alex

[Pamela&Terry 1]

Hello! Yes I will be staying in the US but only for a few months I am planning on flying to my country and come back a few times.

We will ask our legal office tomorrow. You have been so helpful. I think this is good and I hope it can work. We will find out tomorrow if the orders for Germany can be expedite or if we can get some kind of paper that mentions that we will be going to Germany after his short tour.

I will keep you all post it!

Thank you so much!

You are going to be staying in the US while your husband is going on his short tour correct? When does he leave for his short tour? If he has hardcopy orders you DO NOT have to apply to remove conditions. Although, I don't know for sure that the short tour will count. The only requirement is that you are a green card holder. The only catch is you have to do all the appointments and naturalize while in the US. You can totally skip the removal of conditions. We were going to do this, but I didn't get my hard copy orders in time for my overseas assignment for my wife to do everything before we left. If your green card is going to expire before he leaves, then file to remove conditions. You can also call the military helpline to get the best answer.

Check it out here: http://www.uscis.gov/military/citizenship-military-personnel-family-members/citizenship-spouses-and-children-military-members

Expedited Naturalization for Spouses of Military Members

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

In general, an applicant for naturalization under section 319(b) of the INA must:

• Be age 18 or older

• Establish that his or her U.S. citizen spouse is deployed abroad as a service member

• Be present in the U.S. pursuant to a lawful admission for permanent residence (green card holder) at the time of examination on the naturalization application

• Be present in the U.S. at the time of naturalization

• Declare in good faith upon naturalization an intent to reside abroad with the U.S. citizen spouse and to reside in the U.S. immediately upon the citizen spouses termination of service abroad

• Be able to read, write, and speak basic English

• Have a basic knowledge of U.S. history and government (civics)

• Have been, and continue to be, a person of good moral character, attached to the principles of the U.S. Constitution and well disposed to the good order and happiness of the U.S. during all relevant periods under the law

[Plastmassa 0]

Hello, guys. Do I understand correctly, if we are sending fingerprint cards with my documents, then we don't pay biometrics fee of 85$?

I would appreciate your help, my 90 days window has opened yesterday

[GoingCrazy2012 16]

No Ma'am. You still have to pay the biometrics fee even if you send your own fingerprints. USCIS will return your application if fees are missing. They still have to "process" your fingerprints so that's what your fee is supposed to be for.

[Plastmassa 0]

No Ma'am. You still have to pay the biometrics fee even if you send your own fingerprints. USCIS will return your application if fees are missing. They still have to "process" your fingerprints so that's what your fee is supposed to be for.

Whoops! Thanks a lot

Glad I asked

[Pamela&Terry 1]

Hello Everyone,

I just want to give you all an update in case you are following up on this.. I went to the USCIS office and yes, indeed if you are applying for an expedite naturalization you will definitely need to remove conditions fist.

Also, if your husband is going abroad for a period longer than a year you can submit his orders in order to apply for an expedite naturalization.

My husband went on his year tour and I decided to wait untl May to apply for expedited citizenship since he got orders for Germany also.

I will keep you post if on how this goes,

Pamela