N 400 Living on Military Base

[cantwaitn400]

Hi guys,
I have been reading the forums for a while and i think it is finally time to start contributing and ask something that I have been wondering for a while.

In September, my family and I will become elgible to apply for citizenship. However, when we moved here in November 2003 my Dad only lived here for 3 months and then took a job overseas with KBR as a DoD Defense Contractor in Iraq where he lived on a military base for 3 years. He never stayed outside of the country for more than 6 months at a time and has his government ID to prove that he was directly employed for the US Army by KBR/Halliburton and was not considered a civillian. The time he spent abroad he lived on an American military base in Tikrit, Iraq.

So my question is that the time spent on the base count towards the physical presence requirement because it is an American base (or vessel maybe)?

We made an InfoPass appointment at the Washington Field Office in Fairfax, and were told by the IO that they have never had a case like that and it is basically up to the Interviewer.

He did try to file an N470 while abroad but was rejected because he had not spent a complete year in the US.

Any opinions, comments?

 

[thrix]

They will not deny that application because of that. Time spend in US embassy, consulate or any US agency abroad is considered as in the USA.

 

[cantwaitn400]

thanks for the reply,
but then should we mention that on the days spent outside the us? also because when he would get back in the country and the customs officer would ask how long spent outside the US, my dad told them whatever time length it was, so it should be in te system because they swipe the GC, right?

 

[Jackolantern]

thanks for the reply,
but then should we mention that on the days spent outside the us? also because when he would get back in the country and the customs officer would ask how long spent outside the US, my dad told them whatever time length it was, so it should be in te system because they swipe the GC, right?

All days outside the US including military service need to be listed on the N-400 form. The N-400 instructions say "Write the total number of days you spent outside of the United States (including on military service) during the last five years. Count the days of every trip that lasted 24 hours or longer." Whether they will be counted as days inside or outside the US for the purpose of naturalization is up to the naturalization officer to determine.

Don't make the mistake of leaving those dates out because you expect them to be counted as days within the US. The days should be listed there, and supporting evidence provided to show that they were military-related.

 

[LolaLi]

You should be collecting any and all documentation that proves your father was overseas and living in a US Military/Army Base. I do not think a military or government ID alone is sufficient proof/documentation. I would recommend you try to get the following and have your father take it in to his interview to show the IO:
1. Job/Contract offer and description
2. Pay stubs showing Haliburton/KBR (and US Army) where the ones paying his salary
3. If possible, a letter from his supervisor stating that his NOT considered a civilian employee
4. His rejection notice for the N-470 to show filing and intent of preserving his residency

I believe these types documents will prove your father is a serving member of the US Army and as such all the time spent abroad will be considered towards his residency obligations.

On a side note, if he is not considered a civilian, then perhaps he should have applied for naturalization from abroad and through the US Army. Just a thought...