Conditional Resident

G

Gmailuser

New Member
Hi,

I'm currently a conditional resident (I got my green card April 2006). My US citizen spouse recently accepted a job with the US Government and he's currently based in Germany and will be for the next 2 years. I'm planning on joining him this Dec. I have a couple of questions:

1. Can I apply for citizenship? Being a conditional resident, am I part of the special class mentioned in INA 319?
2. What should I do to prevent losing my residency by being outside the US?

I hope someone can answer these questions the USCIS hotline doesn't give much information especially when your case is unusual.

Thanks.
 
Hi there!

Well, you cannot file N-470 (preserve residence for naturalization purposes) because you must have lived in the U.S. for three years to do so. The most plausible way to go would be to apply for a Reentry Permit (from I-131). This way, you can be outside the country for up to 24 consecutive months. A Reentry Permit will preserve your permanent resident status, yet it will break your physical and continuous residency requirement for naturalization purposes.

You will then be able to apply for U.S. Citizenship 3 years and 1 day after you have permanently return to the U.S.

Just my two cents...

Cheers!

Legal
 
...US citizen spouse recently accepted a job with the US Government and he's current....
Click to expand...

You are in a special position since your spouse works for US government. Please refer to Naturalization guide for more specifics (see page 20)

Legal, she is not a "regular" applicant...Therefore, your recommendation does not apply.

Generally, you are not subject to any residency requirements (continuous or physical), time in district or state, and can apply for naturalization while oversees relativelly fast.

Certainly, you are still subject to good moral character, english/civics test and attachment to US/constiution. And famous background checks and USCIS "processing speed" etc.

However, your spouse must be working abroad under an employment contract with USG for at least 1 year and will continue to be so employed at the time you are naturalized. My assumption is that this is the case.

I do not think that you will have to wait for your CR residency to be removed.

I would strongly suggest that you briefly talk to a good immigration lawyer. He/She will be able to confirm all this for you and guide you on the most appropriate next steps.

P.S.: I am not an immigration lawyer or expert. I am just an ordinary guy. You are soley responsible for your decisions or actions.
 
Hi Superstring,

I stand corrected. You are right. Maybe I should have read the post more thoroughly ;-).

Cheers!

Legal

Superstring said:
You are in a special position since your spouse works for US government. Please refer to Naturalization guide for more specifics (see page 20)

Legal, she is not a "regular" applicant...Therefore, your recommendation does not apply.

Generally, you are not subject to any residency requirements (continuous or physical), time in district or state, and can apply for naturalization while oversees relativelly fast.

Certainly, you are still subject to good moral character, english/civics test and attachment to US/constiution. And famous background checks and USCIS "processing speed" etc.

However, your spouse must be working abroad under an employment contract with USG for at least 1 year and will continue to be so employed at the time you are naturalized. My assumption is that this is the case.

I do not think that you will have to wait for your CR residency to be removed.

I would strongly suggest that you briefly talk to a good immigration lawyer. He/She will be able to confirm all this for you and guide you on the most appropriate next steps.

P.S.: I am not an immigration lawyer or expert. I am just an ordinary guy. You are soley responsible for your decisions or actions.
Click to expand...
 
you have to have your conditions removed before you can file for naturalization. Thats for sure. Even if u are in the military they wont let u naturalize with conditional status. My husband is in the military and is stationed overseas withaccompanied orders and i applied last year using 319 B. im still waiting........u can see my timeline.....
 
Hi Superstring,

I stand corrected. You are right. Maybe I should have read the post more thoroughly ;-).

Cheers!

Legal
Click to expand...

No problem.... Actually, your comment is rigth on the money for us "mortal" applicants :)

Thank you for all your good contribution to this forum!

Cheers!
 
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