reentry after staying more than a year as a spouse of a servicemember who's on orders to Korea

J

jayhawk3

New Member
Hi, I am a servicememer in the US Army, currently stationed in Korea.
My wife is a green card holder and it's quite possible we stay here in Korea more than a year. I am on orders to Korea.

The thing is my order doesn't include my wife's name or any information that states my wife is allowed to accompany me to Korea.

When my wife later tries to reenter to the States (after more than a year in Korea), would she be denied the reentry?

Any information would be greatly appreciated. Thank you.
 
Are you a US citizen? If yes, she probably is eligible for expedited citizenship under Section 319(b), due to your overseas assignment.

And if you are a citizen but she decides not to apply for US citizenship (or is unable to complete the process before the end of your assignment in Korea), she'll be able to return even after spending a year outside the US, provided that she can show proof of the marriage and proof of your orders to be overseas and proof of accompanying you.

Why isn't her name on any of the papers? Can you get her name added?
 
In addition to INA 319 (b), see:

INA 319

(e) (1) In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a) , as residence and physical presence in--

(A) the United States; and

(B) any State or district of the Department of Homeland Security in the United States.

(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).
 
Yes, I am a US citizen. I am not sure what the "proof of accompanying me" might mean in detail. It's a bit complicated. Once a soldier get orders to overseas, the soldier should get command sponsorship approval to have names of dependents included on his or her orders. But, for my case (actually many who's been stationed in Korea), I haven't got the command sponsorship approved. Without command sponsorship, I had to pay for airplane tickets for my dependents.

I hope some other documents may show the proof of my wife accompanying me to Korea. Or if you know more specific examples of the "proof" other than her name included on my names, you can enlighten me. Thanks a lot.



Jackolantern said:
Are you a US citizen? If yes, she probably is eligible for expedited citizenship under Section 319(b), due to your overseas assignment.

And if you are a citizen but she decides not to apply for US citizenship (or is unable to complete the process before the end of your assignment in Korea), she'll be able to return even after spending a year outside the US, provided that she can show proof of the marriage and proof of your orders to be overseas and proof of accompanying you.

Why isn't her name on any of the papers? Can you get her name added?
Click to expand...
 
Thanks a lot for your comments!! It is very helpful. I am not sure though whether I can prove my wife accompanying me to Korea without my orders having my wife's name on it. I will have to find this out. Thank you!!
 
can you travel with her on your way back to usa??? then you ll be able to explain in case she is asked to show proof
 
Contact the Military Helpline. The information about the program is on the USCIS website when you look for information for a member of the US military.

You also need to update your information.
 
Outside of the N-400 context, she will be allowed back in the U.S. if she has her Military Dependent I.D. even without a re-entry permit.
 
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