Spouses of members of the U.S. Armed Forces may qualify for expedited naturalization proceedings while residing outside the United States. Additionally, children of such service members may be eligible for naturalization or may automatically acquire U.S. citizenship.

Streamlined Naturalization for Military Spouses

Spouses of U.S. citizen service members stationed, or soon to be stationed, outside the United States may qualify for expedited naturalization under INA 319(b). To be eligible, applicants must:

• Be 18 years or older.
• Prove their spouse is a U.S. citizen with orders for at least one year of overseas military duty.
• Have official authorization to accompany their spouse abroad.
• Be a lawful permanent resident present in the U.S. during the naturalization interview and at the time of naturalization.
• Declare intent to live abroad with their spouse and return to the U.S. upon their spouse’s overseas service completion.
• Demonstrate basic English reading, writing, and speaking skills.
• Pass a civics test on U.S. history and government.
• Maintain good moral character and allegiance to U.S. principles throughout the required periods.

Accelerated Processing

Spouses of Military personnel with Permanent Change of Station (PCS) orders from their active-duty spouse must notify the Military Help Line at 877-CIS-4MIL (877-247-4645) to request expedited processing due to their relocation. For those with hearing or speech disabilities, telecommunications relay services can be accessed by dialing 711. It’s important to note that expedited processing is not automatically granted and is reviewed on a case-by-case basis. Generally, military spouses follow standard processing procedures.

Expedited processing may also be considered in exceptional circumstances, such as when a U.S. service member is deploying and requires an updated family care plan. However, USCIS cannot guarantee approval for every expedited request.

Naturalization Process for Military Spouses Overseas

Lawful permanent residents (LPRs) married to U.S. service members can naturalize outside the U.S. without traveling stateside, under INA 319(e)(2) and 8 U.S.C. 1443a. Eligibility requires:

• Spouse’s U.S. military stationing abroad.
• Official authorization to accompany spouse.
• Living with spouse overseas.
• Meeting INA 316(a) or 319(a) requirements.

INA 316(a) Requirements:

• LPR for 5+ years.
• 2.5+ years of U.S. physical presence.

INA 319(a) Requirements:

• LPR for 3+ continuous years in U.S.
• 3+ years marital union with U.S. citizen spouse.
• Spouse’s U.S. citizenship for 3+ years.
• 18 months U.S. physical presence in the last 3 years. Time with spouse abroad counts.

Applicants can file 90 days before meeting LPR time requirements. However, early 319(a) filers must be married and have a spouse who has been a citizen for 3 years at time of filing, and meet all other eligibility.

Use the early filing calculator for your earliest filing date, and refer to the policy manual for more information.

Citizenship Options for Children of Military Personnel

Children of U.S. service members or government employees, and their spouses, may automatically acquire U.S. citizenship under INA 320. This includes children residing abroad with their parents.

Children of service members who do not automatically acquire citizenship under INA 320 may naturalize under INA 322 without traveling to the U.S.

Immigration Status Adjustment for Military Spouses

Typically, spouses must obtain lawful permanent resident status (green card) before applying for U.S. citizenship. To do this, the spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status, while the service member files Form I-130, Petition for Alien Relative, including the biometrics fee.

If a military spouse receives an adjustment of status interview notice during the service member’s deployment, USCIS will proceed with the interview. The spouse should bring proof of the service member’s deployment, such as a copy of their orders or a commander’s letter, along with all other required documents listed on the interview notice.

Conclusion

Navigating the intricacies of military family immigration and citizenship can be overwhelming. From expedited naturalization to adjusting status and understanding children’s eligibility, the process demands precise knowledge and careful execution. At L for Law, our expert consultants specialize in these complex areas, offering personalized guidance and comprehensive support. Contact us today to ensure your family’s immigration journey is smooth and successful, with accurate information and dedicated assistance every step of the way.