N-400 Section 8 Time outside the US

S

Sonya Imm

New Member
Hi,

I have been an LPR for 9 years, most of this my husband was working for the Air Force and stationed in England. He is a GS civilian for the DoD. We have now permanently transferred back to the states and I am now wishing to apply for citizenship before my green card expires in Feb 16. My question is how to answer section 8? I've been told that our time overseas is classed as still being 'stateside' essentially, since his job qualifies under the rules I've found and read, but I'm not sure how to answer this question.. we did take 2 trips to Greece whilst we were in England also. Help?
 
I don't think your interpretation of the rules is correct. I think you're ineligible. I could be wrong, and I'm not a professional. You should really talk to a lawyer.

If your husband were an LPR, then his job overseas would "count" as stateside residence for his own naturalization purposes. However, this benefit is not automatic -- he would have had to file N-470 prior to his overseas trip in order to get it to count. Since you are neither him nor have you filed N-470, I don't think that your being overseas with him during that time would count as US residence for your purposes.

Now, if your husband were currently stationed overseas, then you would be eligible for INA 319(b) Expedited Naturalization. Under expedited naturalization, it does not matter how long you have lived in the US, although you must be in the US in order for them to process certain steps of your application, such as fingerprinting. This benefit is automatic -- you don't have to do anything to get it. Unfortunately, since your husband is now back in the states, you are now no longer eligible for expedited naturalization. (But if he is deployed abroad again, then you would become eligible for expedited naturalization. All you need are orders to deploy; you can apply before the deployment actually begins.)
 
I think you're right, although I came back to the states at least once a year, I don't think I'm eligible because of the physical presence requirement. I think my option is to renew my green card and wait. for how long though I don't know, at least 18 months? or at least the full three years? Thanks!
 
Yes, there is the physical presence requirement, which you will satisfy in 18 months if you stay in the US continuously. (This requirement would be waived entirely under expedited naturalization.) There is also the continuous residence requirement, which I am not sure you satisfy, because you didn't file N-470 in advance. If not, you may be able to apply under the 4 years and 1 day rule (which would really be 2 years and 1 day in your case). There seems to be some ambiguity over whether absences of (say) 11 months trigger the 4 years/2 years and 1 day rule. If that doesn't work, then you can apply 90 days in advance of 3 years. Note that you cannot combine the 90-day advance with the 4 years/2 years and 1 day rule.
 
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