Written by RSN
October 2, 2008
Right Side News: from ICE
On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (H.R.4986 / Public Law 110-181) into law. Part of that law is a new section 319(e) of the Immigration and Nationality Act (INA) which allows certain eligible spouses of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.
To be eligible for naturalization abroad, lawful permanent resident spouses of members of the U.S. armed forces, who live abroad on official military orders, must meet the requirements of either section 316(a) or 319(a) of the INA at the time of filing.
For naturalization purposes, the time eligible spouses have spent abroad on official military orders may count for both continuous residency and physical presence in the United States.
Individuals applying for naturalization abroad as the spouse of a member of the armed forces must live in marital union with that member of the armed forces. However, involuntary separations due to circumstances beyond their control, such as military deployments, do not prevent naturalization.
A spouse of a member of the armed forces must have official military orders authorizing them to accompany their spouse abroad, and must accompany or live with that member of the armed forces as provided in those orders.
Note that only those eligible spouses who prefer naturalization abroad should apply for that option. Those who prefer to apply for naturalization in the United States may still elect to do so. Eligible spouses who live abroad and want to naturalize abroad should follow these instructions:
Submit a completed and signed Application for Naturalization (Form N-400) - In Part 2 (Information About Your Eligibility), please note whether the eligibility is under INA Section 316(a) or 319(a) and mark Section D (Other). Write in: "319(e) Overseas Naturalization." Include the following information:
Cover Letter - USCIS encourages applicants to place a brief cover letter on top of the application package with the heading "319(e): Deliver to Military N-400 Point of Contact" explaining their desire to naturalize abroad. The cover letter should include the applicant's current address of residence abroad and indicate whether they qualify for naturalization under either Section 316(a) or 319(a) of the INA. Applicants should print their name and overseas address (both local and APO/FPO) and include the location of the USCIS office overseas most convenient to conduct the interview (for example, "the U.S. Consulate in Frankfurt").
Form DD-1278 - Include a signed and completed Form DD-1278, "Certificate of Overseas Assignment to Support Application to File Petition for Naturalization" from the military official certifying the applicant has "concurrent travel orders" and is authorized to join their spouse military service member abroad.
Fingerprint Cards - Include two completed fingerprint cards (FD-258). Those applying overseas must have their fingerprints taken at a U.S. military base, an overseas USCIS field office, or an American Embassy/Consulate. Individuals applying in the United States must have their fingerprints taken at a USCIS Application Support Center.
Marriage Certificate - Provide proof of the current marriage and, if applicable, the legal end of all prior marriages for both the applicant and the spouse (photocopies of marriage or death/divorce certificates).
Proof of U.S. Citizenship - The applicant must show proof the military spouse is a U.S. citizen if applying under INA Section 319(a). Acceptable forms of evidence include copies of a valid U.S. passport, a U.S. birth certificate, certificate of naturalization, certificate of citizenship (A or AA), or the Registration of Birth Abroad, (Form FS-240).
Photos - Two identical passport-style photos (See instruction sheet).
Proof of LPR Status - Submit a photocopy of the applicant's Permanent Resident Card (both front and back) or I-551 stamp to show proof the applicant is a Lawful Permanent Resident of the U.S.
Evidence of Marital Relationship - This includes, but is not limited to: birth certificates for children born to you and your spouse, joint bank accounts, joint tax returns, etc.
Fees - Include the correct fee. The amount depends on from where the application is filed: