Military spouse applying for expedited citizenship overseas

[Janym143]

Hello everyone, got a quirky situation here.

I am a military member who is very shortly being moved overseas for four years. My wife (on green card) is coming with me and is on my orders.

We are currently filling out the paperwork for her citizenship under INA 329b, joining spouse for military service overseas. She currently only has about 2 years as a LPR but that requirement goes away if she is going with me on orders (as I understand it). Here's the catch, her green card expires in November and according to the rules I'm reading, she has to do her interview and oath in the USA, and can't do it at an overseas embassy as some others can.

So what happens if her interview is in December or something? She would need to have a valid green card I'm assuming. That would mean applying for a new green card at the same time as citizenship. That's a lot of money and two applications at the same time.

Looking for some advice here... Thanks for any help.

[inadmissible]

Is she a conditional permanent resident?

[Janym143]

Is she a conditional permanent resident?

I'm not sure. She arrived on fiancé visa and got a two year green card. She is able to work, etc.

[newacct]

Hello everyone, got a quirky situation here.

I am a military member who is very shortly being moved overseas for four years. My wife (on green card) is coming with me and is on my orders.

We are currently filling out the paperwork for her citizenship under INA 329b, joining spouse for military service overseas. She currently only has about 2 years as a LPR but that requirement goes away if she is going with me on orders (as I understand it). Here's the catch, her green card expires in November and according to the rules I'm reading, she has to do her interview and oath in the USA, and can't do it at an overseas embassy as some others can.

So what happens if her interview is in December or something? She would need to have a valid green card I'm assuming. That would mean applying for a new green card at the same time as citizenship. That's a lot of money and two applications at the same time.

Looking for some advice here... Thanks for any help.

She is a conditional permanent resident and normally needs to apply for Removal of Conditions within the 90-day window before her 2 years of status ends (for her this window should be some time in August to some time in November).

If her naturalization is approved and she takes the oath before reaching the 90-day window to file Removal of Conditions, then she does not have to file Removal of Conditions.

However, if she only starts the naturalization process now, there is no way she will be able to take the oath before reaching the 90-day window (if she had applied for naturalization shortly after becoming a permanent resident, that could be possible; but now it is too close the the 90-day window), and therefore she will still need to apply for Removal of Conditions when she gets in the 90-day window.

[Janym143]

I spoke with someone at USCIS today and, according to them, we would be able to start the process for naturalization and then ask to have the site for the interview relocated to our overseas location (London). She didn't seem to think it would be a problem that my wife's green card would likely expire, since we would not need to return. Even if we did need to return, because of my official orders, she would be able to get in.

Side note, she said there would be no fee for my wife applying for naturalization, because i am military. I have to admit, this all seems too good to be true. I wonder if I should call back...

[newacct]

I spoke with someone at USCIS today and, according to them, we would be able to start the process for naturalization and then ask to have the site for the interview relocated to our overseas location (London). She didn't seem to think it would be a problem that my wife's green card would likely expire, since we would not need to return. Even if we did need to return, because of my official orders, she would be able to get in.

Side note, she said there would be no fee for my wife applying for naturalization, because i am military. I have to admit, this all seems too good to be true. I wonder if I should call back...

The issue isn't with the card expiring. If this was a regular 10-year card for a non-conditional permanent resident, the card expiring would be no big deal because non-conditional permanent resident status never expires even if the card does. However, she is a conditional permanent resident, and she must apply for Removal of Conditions or her status automatically ends at the end of the 2 years, and if that happens not only will her naturalization be denied, but she will also be deported (or denied entry if she is outside the US). She must apply for Removal of Conditions when she reaches the window even if she has a pending naturalization application. Only if she had already taken the oath and become a citizen before reaching the ROC window would she not have to apply for Removal of Conditions. You can read more detail about how Removal of Conditions and naturalization applications interact here.

The USCIS "misinformation line" gave you bad information, because they thought you were talking about a normal 10-year non-conditional green card expiring, in which case it doesn't need to be renewed if she has a naturalization application pending. Normally the situation of a 2-year card expiring after a naturalization application is filed doesn't happen because people usually apply for naturalization under the 3-year or 5-year rules, long after the expiration of the 2-year card for conditional permanent residents. But her situation is different because she is applying for naturalization under the special provision for spouses of people working for the US government abroad, which doesn't require any period of residence before applying, so it's possible for her to apply for naturalization before reaching the 2-year mark. Most people don't know about this provision.

[Janym143]

I thought I was pretty clear with the woman on the line that my wife was here with the 2 year green card due to coming in on a fiancee visa, etc etc.

I checked the link you said and saw this:

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"In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. However, certain CPRs may be eligible for naturalization without filing a petition or having the conditions removed if applying for naturalization on the basis of:

•Marriage to a U.S. citizen employed abroad; or

•Qualifying military service. [4] "
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So it says that "certain CPRs may be eligible without filing the petition to remove conditions if applying on the basis of **marriage to us citizen employed abroad**"
That seems pretty straightforward....


also says:

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C. Spouses Eligible to Naturalize without Filing Petition to Remove Conditions

2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad

A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize. [9] Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence
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[inadmissible]

That section of the USCIS Policy Manual states, in pertinent part:

A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if:
•The CPR spouse has been a CPR for less than one year and nine months; and
•The CPR spouse does not reach the 90-day filing period for the petition to remove conditions prior to the final adjudication of his or her naturalization application or the time of the Oath of Allegiance.

This works a treat someone who applies for naturalization soon after becoming a permanent resident. However, from your original post, your spouse will not meet these requirements. She will need to apply for the removal of the conditions. Her naturalization application will either remain pending until her removal of conditions application is approved, or both applications will be adjudicated simultaneously

[newacct]

I checked the link you said and saw this:

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"In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. However, certain CPRs may be eligible for naturalization without filing a petition or having the conditions removed if applying for naturalization on the basis of:

•Marriage to a U.S. citizen employed abroad; or

•Qualifying military service. [4] "
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *

So it says that "certain CPRs may be eligible without filing the petition to remove conditions if applying on the basis of **marriage to us citizen employed abroad**"
That seems pretty straightforward....

No. You're reading it wrong. "Certain" people in those categories can naturalize without removing conditions -- namely, the people who take the oath before reaching the 90-day window. It mentions those categories because those categories are the only categories where it is *possible* for people to qualify for naturalization before reaching the 90-day window. Possible doesn't mean everyone in those categories will be able to naturalize without removing conditions -- in particular, people who fail to take the oath before reaching the 90-day window must still file for removal of conditions, and naturalization cannot be approved until removal of conditions is approved.

also says:

**** **** **** **** **** **** **** **** **** **** **** **** **** **** ***
C. Spouses Eligible to Naturalize without Filing Petition to Remove Conditions

2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad

A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize. [9] Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *

Yes, naturalization under the provision of spouse of someone working for the US government abroad is not required to have any period of "continuous residence" (i.e. 5 years or 3 years under the normal naturalization provisions), so that explains why is *possible* for someone in this category to naturalize under this provision well before reaching the end of the 2 years of conditional permanent residency.

The last sentence there is not clear -- the author was probably trying to say that it is not required to file the Removal of Conditions before filing the naturalization application, but the Removal of Conditions is still necessary to be filed if the naturalization does not complete (i.e. the oath has not been taken) by the time of reaching the 90-day window, as made clear by multiple statements before and after on that same page.

B. Spouses who Must Have an Approved Petition Prior to Naturalization

In all cases, a CPR applying for naturalization on the basis of marriage must have an approved petition prior to naturalization if the CPR:

•Has a pending petition to remove conditions at the time of filing the Application for Naturalization; or

•Reaches the 90-day period to file the petition to remove conditions prior to taking the Oath of Allegiance.

and right after the section that you quoted:

A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if:

•The CPR spouse has been a CPR for less than one year and nine months; and

•The CPR spouse does not reach the 90-day filing period for the petition to remove conditions prior to the final adjudication of his or her naturalization application or the time of the Oath of Allegiance.

All these statements make clear that only if the oath is taken before the 90 day period is the Removal of Conditions not necessary at all. If the 90-day period is reached while naturalization is pending, the Removal of Conditions must still be filed.

Furthermore, if she reaches the end of her 2 years without filing for Removal of Conditions and without taking the oath (becoming a citizen), legally speaking she ceases to be a permanent resident. Only filing of Removal of Conditions extends her permanent resident status. Nothing else in the law provides for an extension of her permanent resident status. Filing for naturalization does not extend one's permanent resident status. And if she has no permanent resident status, she cannot be naturalized, and furthermore is subject to deportation or denial of entry.