Expedited Naturalization for Spouses of Military Members 

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA). 

In general, an applicant for naturalization under section 319(b) of the INA must: 

  • Be age 18 or older 
  • Establish that his or her U.S. citizen spouse is deployed abroad as a service member 
  • Be present in the U.S. pursuant to a lawful admission for permanent residence (green card holder) at the time of examination on the naturalization application 
  • Be present in the U.S. at the time of naturalization 
  • Declare in good faith upon naturalization an intent to reside abroad with the U.S. citizen spouse and to reside in the U.S. immediately upon the citizen spouse’s termination of service abroad 
  • Be able to read, write, and speak basic English 
  • Have a basic knowledge of U.S. history and government (civics) 
  • Have been, and continue to be, a person of good moral character, attached to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law 

Overseas Naturalization for Spouses of Military Members 

The National Defense Authorization Act for Fiscal Year 2008 added Section 319(e) to the INA which allows certain eligible spouses of service members to naturalize abroad without traveling to the United States for any part of the naturalization process and treats qualifying residence abroad as residence and physical presence in the U.S. for purposes of naturalization. 

In general, to be eligible for naturalization abroad pursuant to section 319(e) of the INA, the permanent resident spouse of a member of the U.S. armed forces must: 

  • Be authorized to accompany the service member abroad pursuant to the member's official orders 
  • Be residing abroad with the member in marital union 
  • Meet the requirements of either Section 316(a) or 319(a) of the INA at the time of filing the naturalization application, except for the residence and physical presence requirements. 

Section 319(a) applies to spouses of U.S. citizens who have been permanent residents for 3 years immediately preceding the date of filing the naturalization application and who have lived in marital union with their citizen spouses for at least those 3 years. Section 316(a) applies to spouses who have been permanent residents for 5 years immediately preceding the date of filing the application. 

Overseas Naturalization for Children of Military Members 

The National Defense Authorization Act for Fiscal Year 2008 amended Section 322 of the INA to allow certain eligible children of service members to become naturalized U.S. citizens without having to travel to the United States for any part of the naturalization process. 

Under section 322 of the INA, a parent who is a U.S. citizen (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320 of the INA. The general conditions are that: 

  • At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death. 
  • The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14. 
  • The child is under the age of 18 years. 
  • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application). 
  • The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States. 

Pursuant to section 322(d) of the INA, a child of a member of the U.S. armed forces who is abroad with the service member pursuant to official orders is not required to be present in the United States pursuant to a lawful admission, and the U.S. citizen parent service member may count any period of time of residence abroad on official orders as physical presence in the United States. 

For additional information on this topic. Please contact the Fort Indiantown Gap legal assistance office to speak with an attorney. 

Visas 

There are several types of visas available for individuals seeking to remain in the United States including; employment-based visas and marriage-based visas. This primer will only address the different types of marriage-based visas. 

Spousal Visas: If a soldier marries outside the United States there are two ways to bring their foreign spouse to the U.S. to live. The first is an Immigrant visa for a Spouse of a U.S. Citizen. The first step is to file a Petition for Alien Relative (Form I-130) with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the petition, the application is then sent to the National Visa Center (NVC) where a case number will be assigned, and further instructions will be provided. Once all the fees are paid and the required documentation submitted, the NVC would then schedule the applicant interview with the U.S. Embassy or Consulate where the applicant resides. 

The second way to bring a foreign spouse to the United States is through a Nonimmigrant visa for spouse (K-3). It is important to note that with a K-3 visa the application must be filed and issued in the country where the marriage took place. After the visa process has been completed and the visa issued, the foreign spouse can then travel to the United States and wait for the visa case to process. With a K-3 visa there are two petitions required; Form I-130, and Petition for Alien Fiancé, Form I-129F. 

In addition, if a Soldier marries a foreigner who is in the U.S. illegally there are options to help them obtain a visa. When a foreigner enters the country illegally there is very little that can be done to make them legal; however, there are a few exceptions. 

One of these exceptions is if those foreigners are married to US military personnel, active or reserve, they can then obtain a visa without the need of returning to their home country through a process called Parole in Place (PIP). PIP is a petition to USCIS requesting that their spouse be able to remain in the U.S. so that an Adjustment of Status (Form I-485) can be filed. Once you have obtained approval for Parole in Place, you can then proceed to apply for a spousal visa and adjustment of status. 

K-Visas: The fiancé K-1 visa permits a foreign citizen fiancé to travel to the United States to marry a U.S. citizen within 90 days of arrival. Once married the applicant can then apply for an adjustment of status to a permanent resident and remain in the United States while USCIS is processing the application. If a foreign citizen fiancé has eligible children, they may apply for a K-2 visa. Each child must submit a separate application. 

Adjustment of Status: Adjustment of status is a procedure that allows an applicant to become a permanent resident of the United States without having to return to their home country and apply for an immigrant visa. 

Length of time: The time it takes to fill out and file the initial application will depend on each individual case and the amount of information required for filing. Once NVC has received your case the length of time for process will vary from case to case depending on your circumstances. In most cases the entire process usually takes approximately 10 to 12 months. 

Military Parole in Place 

Military Parole in Place (MIL-PIP) provides an immigration benefit for military members and veterans, whether alive or deceased, that grants spouses, parents, and sons and daughters temporary permission to be in the U.S. while they pursue permanent legal status. 

Non-citizen spouses, parents, and unmarried minor children of U.S. citizen members of the U.S. military (current or past) who are in the U.S. after an unlawful entry may have an opportunity known as "Parole In Place" or PIP. This allows those who already qualify for a green card based on this close family relationship to "adjust status" - as in, apply for lawful permanent residence or a green card - without leaving the United States, despite their past illegal entry and stay. 

To request parole, a person must submit an application and other evidence to the director of the USCIS office with jurisdiction over them. For more information about the application process visit the U.S. Citizenship and Immigration Services website.

Additional Resources 

In Pennsylvania there are many nonprofit organizations that can assist with immigration legal services at little or no cost. Please see the Pennsylvania Immigration Legal Services tab for a full list. US Citizenship and Immigration Services (USCIS) offers a toll-free military help line exclusively for members of the military and their families at 1-877-CIS-4MIL (1-877-247-4645). Additionally, all immigration forms and instructions are available at the USCIS website at www.uscis.gov.

A list of additional immigration advocates across Pennsylvania can be found here.