K1 Visa was granted, Now living oversea.

[Dave n Lyn 0]

I am a DoD civilian living and working in South Korea with spouse and son. Our son and myself are both US citizens. We were married in The US with a K1 visa on 3 Sep 2019. I was working in South Korea. I am in a deployed status while working in Korea for the next 2 years. Wife is eligible to apply citizenship with N-400, but we need her status to be a lawful permanent resident first. We are living together in Korea with a SOFA status. What forms do I need to file and with whom? I called USCIS and talked with an agent there. I was told we needed to file a I 485 form, but the first thing I read was "we need to be living in The US. Please help us! Thank you!

[Unlockable 7,315]

1 hour ago, Dave n Lyn said:

I am a DoD civilian living and working in South Korea with spouse and son. Our son and myself are both US citizens. We were married in The US with a K1 visa on 3 Sep 2019. I was working in South Korea. I am in a deployed status while working in Korea for the next 2 years. Wife is eligible to apply citizenship with N-400, but we need her status to be a lawful permanent resident first. We are living together in Korea with a SOFA status. What forms do I need to file and with whom? I called USCIS and talked with an agent there. I was told we needed to file a I 485 form, but the first thing I read was "we need to be living in The US. Please help us! Thank you!

We need more info. Preferably, a timeline of events like how long was she in the US.

 

And you are correct, she can't become a citizen until she is permanent resident first. And she can't become a permanent resident unless she is living in the US, hence the word "resident" in the term. From what you posted it looks like she may not be eligible to apply for citizenship.

[Boiler 45,733]

Did you file to adjust status and obtain AP before you left?

[NikLR 13,228]

8 hours ago, Dave n Lyn said:

I am a DoD civilian living and working in South Korea with spouse and son. Our son and myself are both US citizens. We were married in The US with a K1 visa on 3 Sep 2019. I was working in South Korea. I am in a deployed status while working in Korea for the next 2 years. Wife is eligible to apply citizenship with N-400, but we need her status to be a lawful permanent resident first. We are living together in Korea with a SOFA status. What forms do I need to file and with whom? I called USCIS and talked with an agent there. I was told we needed to file a I 485 form, but the first thing I read was "we need to be living in The US. Please help us! Thank you!

How is she eligible for citizenship if she's not an LPR?

[John Greely 4]

Just one question for you, is she on your orders to Korea?

If she is then read DoD Instruction 5500.14

[JFH 12,190]

*~*~*military-specific question moved to “military-related immigration” forum*~*~*