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Expedited naturalization under Section 319(b)

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Hello,

 

I will be working for a defense contractor in Germany next month under SOFA/TESA. The contract is for 2 years. My wife is a legal permanent resident (Green card) in USA and she will be living with me in Germany as a SOFA dependent. If she wants to apply for expedited naturalization under INA Section 319(b),

1. Is defense contractor considered a qualifying employment abroad under this clause: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4#footnote-19 ?

2. Can she apply right away showing my contract for 2 years as proof or she has to wait for one year before applying?

 

 

If anyone went through this process and can give me guidance, that will be helpful.

 

Regards

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The devil is going to be in the details on this one whether working as a contractor will meet the requirements. For what it's worth, working as a GS civilian overseas does. I'd really get legal guidance on this one before you move, perhaps your contracting company has some contacts. She still needs to have a green card and be married to you for 3 years before she's eligible for naturalization. It's a pain in the ass to do from abroad and will require a trip to the US for the naturalization but it is doable.

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Hi danielg,

 

On 2/24/2021, 12:44:38, danielg said:

I'd really get legal guidance on this one before you move, perhaps your contracting company has some contacts.

 

Thanks for the reply. Yeah I understand this is a really specific question probably only a lawyer can address. I was just wondering if anyone here had this exact experience before.

 

On 2/24/2021, 12:44:38, danielg said:

She still needs to have a green card and be married to you for 3 years before she's eligible for naturalization.

 

But that is the normal requirement for green card holders married to US citizens, right? So, if my employment qualifies under the INA Section 319(b) clause, she doesn't have to wait 3 years right?

 

Regards

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From my understanding, only spouses of active duty military can naturalize abroad and immediately. If your contracting position qualifies, then your spouse doesn't lose her green card after 6 months of being outside the US (or is it after 3 months?) and she can get her interview and naturalization the same day instead of waiting weeks to months between the two appointments. So instead of two trips back to the US it'll only be one which is nice. But the 3 year requirement still applies it just doesn't all have to be physically in the US.

 

The big one with you, and this is why I would get legal counsel, is whether in your situation as a contractor your spouse's green card continues to stay valid when outside the US for a prolonged amount of time. It should but personally I would want to be sure of this.

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Hi danielg,

 

4 hours ago, danielg said:

But the 3 year requirement still applies it just doesn't all have to be physically in the US.

 

According to section "E. Exception to Continuous Residence and Physical Presence Requirements" in https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4#footnote-19

" Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status(green card) in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization. "

 

Looks like if my employment qualifies, she doesn't have to wait 3 years before applying.

 

4 hours ago, danielg said:

The big one with you, and this is why I would get legal counsel, is whether in your situation as a contractor your spouse's green card continues to stay valid when outside the US for a prolonged amount of time. It should but personally I would want to be sure of this.

 

True

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