PromisedLife

I have a question that I hope someone will be able to answer before I have to be on the phone with USCIS (well... the menu) for hours without getting nowhere...

I have held of on applying for citizenship, because my husband (US Citizen) might be getting a job in my home country.

I know there is a residency requirement for persons applying for US Citizenship.

Say I apply now, while still in the US (I have fulfilled the residency requirements) and while my application is pending he ends up being hired in my home country, and we move, does that jeopardize my application in any way or would the stay overseas be 'forgiven' because of my husband's employment there? I don't want to pay $675 for nothing

By the way, the nature of my husband's work would be defense contracting - he would be using his USAF and defense contracting experience along with his secret clearance to work on aircraft (F-16's) owned and used by US-allied countries. The nature of his job might be a factor in this, so just mentioning it...

If I need to disclose more details, please let me know. Thanks in advance!

Noorah101

Go to www.uscis.gov and look at that USCIS Guide to Naturalization. I believe it talks about applying for US citizenship if your USC husband is in the military.

In your case, I'm not sure, but it sounds like you husband is not actually IN the military right now, he's a civilian doing contracting work. Is that correct? If so, then you probably don't get any leeway on your citizenship application.

How long would he be working in your home country? How long would you be staying there with him? If you actually MOVE out of the USA before becoming a USC, you run the risk of losing your PR status completely. There are some ways of preserving your PR status while you are TEMPORARILY outside the USA (look at form I-131 for a re-entry permit). How this affects your citizenship application depends on how long you stay outside the USA.

Rene

Folinskyinla

Hi:

Perhaps 319(b) might help. You don't give enough facts -- but your posting hints at 319(b) eligiblity.

meauxna

How does one determine if the USC's employment abroad fits under 319(b) please? Is there a list?

for the OP:

Naturalization: Waivers, Exceptions, and Special Cases

This page, part of the Naturalization information, lists some of the Waivers, Exceptions and Special Cases to the normal waiting period of five (5) years before attaining minimum eligibility to apply for Naturalization.

Family Members of U.S. Citizens

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

*
the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
o
the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
o
the applicant meets all other naturalization requirements.


There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

*
the U.S. Government (including the U.S. Armed Forces);
*
American research institutes recognized by the Attorney General;
*
recognized U.S. religious organizations;
*
U.S. research institutions;
*
an American firm engaged in the development of foreign trade and commerce of the United States; or
*
certain public international organizations involving the United States.

See also INA 319, INA 316