Overseas Assignment

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cutslingload

Registered Users (C)
I am currently deployed to Iraq and will return in June. My wife and I will have been married for three years on March 10th. As soon as I return, I should be moving to Richmond, Va from Virginia Beach. I am looking at filing her N400 in March while I am still deployed. I will only live in Richmond approximately 6 months while I go to the CPT Career Course and then my wife and I would like an overseas assignment to Germany or Italy. My questions are:

1. Should her N400 be finished in 2009 if I file by Mar-May timeframe?

2. If it is not finished, is there a problem with the overseas assignment? She will be Command Sponsored for the move by the Government?

3. As soon as her Citenship is done, I would like to file for her mom. Does anybody see a problem if I am on an overseas assignment in Germany for 3 years?

4. Will her mom be able to live with me in Germany and receive her GC without ever being in the US during this time period?

I still have some time to work with which is why I am just trying to get as much information as possible now. Any help is greatly appreciated. Thanks

Scott
 
1. Probably yes, but some people wait more than a year so there is no guarantee.

2. There could be problems, but there are ways to overcome those problems if you will be working for the US government or military on that assignment.

3. You can't sponsor her mom, only she can do that (although you can be a co-sponsor for the financial requirement). Ask in the Family Based Green Cards section about any issues with sponsoring a parent when living outside the US.

4. She can (and should) apply via the US consulate in Germany, so she would wait outside the US until the processing and interview are completed. Upon approval of her application, she would receive an immigrant visa in her passport which would allow her to enter the US as a permanent resident (that immigrant visa must be used within 6 months). The physical green card would be delivered in a few weeks after she enters the US.

You say you got married in March 2006 ... I presume your wife obtained her green card in June 2006 or earlier? If not, that throws off all your plans.
 
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Jackolantern,

I appreciate the response and I realized that I wrote it wrong and she will be the sponsor. My wife received her Green Card in November of 2006. I thought in the instructions it went off the length of the marriage and residence and not the actual possession of the GC.
Also if that doesn't work, I am also reading the fact that she is married to someone in the military and it looks like the time is waived. I've been trying to figure out which way she should file. Based on the marriage or based on Husband's Military Service.

Thanks,

Scott
 
cutslingload said:
I thought in the instructions it went off the length of the marriage and residence and not the actual possession of the GC.
Click to expand...
Actually, it's both. 3 years of marriage to a US citizen AND 3 years of permanent residence are both required in order to become a citizen via the marriage route. They will allow applying, but not approval, 3 months before completing 3 years of residence, but the full 3 years of marriage is required before applying. Physical possession of the green card itself is irrelevant -- what counts is when she started living in the US with approved permanent resident status, which may be days, weeks, or months before receiving the physical card.

Also if that doesn't work, I am also reading the fact that she is married to someone in the military and it looks like the time is waived.
Click to expand...
Can be waived, but not automatically always waived. There are conditions involved. Read the Guide to Naturalization (M-476.pdf).
 
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Callie, Jackolantern,

Thanks for your responses. Callie the memo spelled it out from me and said what I would need from my Commander. I am currently deployed from Virginia. I just got a response back from our lawyer and she will be eligible to file around the beginning of August 2009. We meet the marriage requirement in March 2009 but not the PR till August. However my school starts in October in Richmond, VA and even though we have to move we will be in the same district so this won't be any delay. I'm hoping everything goes through for her within 7 months because AUG09-MAR10 I will be in the states. Anything after March I could go to Germany, Italy or Korea but I should be able to find out my assignment by NOV09 so I would be able to expedite if necessary.
Thanks for your help,

Scott
 
Fingers crossed that your timeline works out for you then! I remember our military days, and how you're never quite sure about anything when it comes to timing. So here's hoping it goes exactly as you planned!
 
Callie,

Thanks. I do notice they say they require the US Citizen to be living with his spouse for those three years. I have proof on the marriage but the military put me in three schools that didn't allow me to bring my wife so technically we didn't reside together as she stayed in Missouri while I went to Georgia, Oklahoma and then Virginia in a span of 7 months of our first year together married. Then I have been deployed since March of 2008 and do not return till June 2009. So we have been married for three years in March but our actual time living together is probably a year and a half. I don't think this will be a problem so I'm not worried about. She was a little disappointed when I told her it was now August as she really wants to get her mom over here. Everything has worked out for us so far so I appreciate all the help. Thanks Scott
 
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