I can offer some input based on two cases.
1) I got my Green Card thru’ my employer, a US corporation. I subsequently married a US (born) citizen. Both before and after my marriage, I was assigned as an expatriate to various countries. As appropriate, I filed for re-entry permits and permits to retain residency while overseas for a US Corporation (N-470) before these assignments. However, there was never any doubt that in my case, I could not file for naturalization until I returned to the US and met the minimum residency requirements. For me, this was 50% x 3 years = 18 months physical presence.
2) I have a friend who is a US-born citizen and who works/lives in China. His employer is a US-registered non-profit organization. He married a Chinese citizen. She was allowed to apply for a Green Card and then file for citizenship from overseas. I do not know more specific details than this but it seems to be consistent with US immigration law (see below).
The difference between us was that I was the working, non-citizen spouse whereas her husband was the working, citizen-spouse. I have no clue as to why this makes a difference but it does (or at least, did six years ago when she got her citizenship). I believe that these rules are different if the employer concerned is not a US organization.
Read this ….. it might help ….. its from
http://www.immigration-usa.com/ina_96_title_3.html ..... sorry I did not edit it !!!!!!
SEC. 319. [8 U.S.C. 1430]
(a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
(b) Any person,
(1) whose spouse is
(A) a citizen of the United States,
(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and
(C) regularly stationed abroad in such employment, and
(2) who is in the United States at the time of naturalization, and
(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
(c) Any person who
(1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and
(2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and
(3) who files his application for naturalization while so employed or within six months following the termination thereof, and
(4) who is in the United States at the time of naturalization, and
(5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.
(d) Any person who is the surviving spouse of a United States citizen, whose citizen spouse dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required.
