Greencard status when living overseas under rule 319(b)

[jontytyt 6]

Under section 319(b) of the INA,

The spouse of a ​U.S.​ citizen who ​is ​“regularly stationed abroad” in ​qualifying employment ​may be eligible for naturalization on the basis of their marriage​.​ S​pouses ​otherwise eligible ​under this provision are exempt from the continuous residence and physical presence requirements for naturalization​.​

My wife (US permanent resident) meets the conditions of this rule, and she lives overseas with me (US citizen in qualifying employment). We recently filed N-400 for her naturalization and we will travel to the US for her naturalization interview. We're just waiting for this to be processed.

My question is, suppose her N-400 process takes a long time. When we finally travel to the US, can we have problems with Immigration? Can they say that my wife has abandoned her permanent residency status by being out for so long? Of course we will carry evidence of how we qualify for 319(b) and how we applied for naturalization. But will they know this rule 319(b)? And, another question: the rule says that my wife is exempt from residence/presence in the US for the purposes of naturalization. Does this mean that she is also exempt for the purposes of keeping greencard status?

[Shauneg 762]

Under section 319(b) of the INA,

The spouse of a ​U.S.​ citizen who ​is ​regularly stationed abroad in ​qualifying employment ​may be eligible for naturalization on the basis of their marriage​.​ S​pouses ​otherwise eligible ​under this provision are exempt from the continuous residence and physical presence requirements for naturalization​.​

My wife (US permanent resident) meets the conditions of this rule, and she lives overseas with me (US citizen in qualifying employment). We recently filed N-400 for her naturalization and we will travel to the US for her naturalization interview. We're just waiting for this to be processed.

My question is, suppose her N-400 process takes a long time. When we finally travel to the US, can we have problems with Immigration? Can they say that my wife has abandoned her permanent residency status by being out for so long? Of course we will carry evidence of how we qualify for 319(b) and how we applied for naturalization. But will they know this rule 319(b)? And, another question: the rule says that my wife is exempt from residence/presence in the US for the purposes of naturalization. Does this mean that she is also exempt for the purposes of keeping greencard status?

No she is a permanent resident if you're stationed overseas. She must still have a green card, why wouldn't she?

[jontytyt 6]

First, I'm not a military member, so maybe this topic should not have been moved, Im not sure. I only said I have qualifying employment.

Second, my question was whether my wife could lose her greencard status or have problems re-entering the US if she lives abroad with me for a long period, even though for naturalization purposes that is OK under rule 319b.

[Shauneg 762]

First, I'm not a military member, so maybe this topic should not have been moved, Im not sure. I only said I have qualifying employment.

Second, my question was whether my wife could lose her greencard status or have problems re-entering the US if she lives abroad with me for a long period, even though for naturalization purposes that is OK under rule 319b.

If your employment is qualifying then she is considered as living in the U.S. You also asked if she's exempt from keeping green card status, the answer is no she must still keep one.

[jontytyt 6]

I guess my question was unclear. My fault. I asked if she's exempt from residence/presence in the US for the purposes of Keeping the greencard which she already has. I hope the airport immigration people understand the rule 319b and don't give her a hard time.

I guess my question was unclear. My fault. I asked if she's exempt from residence/presence in the US for the purposes of Keeping the greencard which she already has. I hope the airport immigration people understand the rule 319b and don't give her a hard time.

[Shauneg 762]

I guess my question was unclear. My fault. I asked if she's exempt from residence/presence in the US for the purposes of Keeping the greencard which she already has. I hope the airport immigration people understand the rule 319b and don't give her a hard time.

I guess my question was unclear. My fault. I asked if she's exempt from residence/presence in the US for the purposes of Keeping the greencard which she already has. I hope the airport immigration people understand the rule 319b and don't give her a hard time.

Living overseas with you (in a qualifying job) she is considered as living in tbe U.S. she must of course keep her green card current and when you two come back show proof of qualifying employment should be no worries. She won't lose status for green card purposes or time towards naturalization. I think we're on the right page now....hope that's what you're needing. Mod may have assumed you're military because 95% it's military asking the question.

[jontytyt 6]

Thanks for your answer. It is very helpful. My qualifying employment is working for an American Institute of Research.

[Khal_Drogo 50]

So just a heads-up; the guys at the airport at Customs may not know jack and might give you trouble.

When we re-entered the U.S. last Christmas, the guy at the customs desk at MSP (Minneapolis/St. Paul, a major international airport, of all things) didn't even know what a green card was. We spent five-ten minutes explaining the rules to HIM. Eventually he got so confused he just let us through.

That's the caliber of government we're dealing with here.