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Filed: IR-1/CR-1 Visa Country: Nigeria
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Posted

Hello everyone, 

 

I am currently filling out the n400 for my spouse and we are at the question about overseas travel.

 

My permanent resident spouse lived with me on an overseas base for 4 years now. 

 

Is the entire period considered overseas travel or just the period from the airport to the base. As far as I know, overseas us military bases are considered in-US resident locations for naturalization for spouse.

 

Please help. Thank you.

Posted
On 8/29/2019 at 6:25 PM, blakpanther25 said:

Hello everyone, 

 

I am currently filling out the n400 for my spouse and we are at the question about overseas travel.

 

My permanent resident spouse lived with me on an overseas base for 4 years now. 

 

Is the entire period considered overseas travel or just the period from the airport to the base. As far as I know, overseas us military bases are considered in-US resident locations for naturalization for spouse.

 

Please help. Thank you.

Thanks for your service, and sorry you have gotten no response so far. I don't have any specific experience with N400 for spouses of US citizens serving overseas. Your question (bolded portion above) is also a bit unclear: What period are you referring to?

 

Here's what I was able to find from the US Policy Manual:

Quote

 

3. Continuous Residence and Physical Presence while Residing Abroad (INA 319(e))
Certain eligible spouses of service members may count qualifying residence abroad as residence and physical presence in the United States for purposes of naturalization. This provision does not provide an independent basis for naturalization. The benefits of this provision only apply to an LPR who is eligible for naturalization through the general provision or on the basis of his or her marriage to a U.S. citizen for three years. 

 

The spouse must meet all of the following conditions during such time abroad: 

  • The LPR is the spouse of a member of the U.S. armed forces;
  • The LPR is authorized to accompany and reside abroad with the service member pursuant to the service member’s official orders; and
  • The LPR is accompanying and residing abroad with the service member in marital union.

The spouse is not required to be abroad at the time the officer makes such determination. For example, an applicant who is currently residing in the United States, but had previously resided abroad during the statutory residency or physical presence period, may count the time abroad as continuous residence and physical presence, if he or she meets the eligibility criteria.

 

The spouse of a service member who has been an LPR for five years and is applying for naturalization through the general provision does not need to establish that the service member is a U.S. citizen. An applicant who is no longer married to a service member at the time of filing may still meet the residence and physical presence requirements if the LPR was married to the service member and met all the conditions above during the period of time in question.

 

The spouse of a service member who has been an LPR for three years and who is applying on the basis of his or her marriage for three years must establish that the service member has been a U.S. citizen for the required period.

If you haven't already found it, you can see discussions on military immigration here: https://www.visajourney.com/forums/forum/152-military-immigration-related-discussion/

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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