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Military spouse applying for adjustment of status, immigration law

If military wife's husband deployed out of US more than a year,then does she /spouse /can to apply naturalzation of citizenship? is anyone know about this please give me some advice.

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Attorney answers (2)

Reputation Level 12
If you are married to a US citizen, and your US citizen husband serves in the US military and is stationed abroad for a period of over one year, then you are eligible for 'fast track' naturalization. To qualify for fast-track naturalization, you must be a green card holder; but this provision is pretty amazing because you are exempt from both the RESIDENCE requirement and the PHYSICAL PRESENCE requirement. The provision of law that allows this is INA Section 319(b).

You can read about 319(b) naturalization here:
http://www.uscis.gov/files/article/MilitaryBroc...

You can also find information about this at page 20 of the USCIS Guide to Naturalization:
http://www.uscis.gov/files/article/M-476.pdf

This provision of law is somewhat obscure, and some people (including USCIS officers) do not know about it. SO you have document your eligibility thoroughly. My office has handled a number of 319(b) cases for spouses of missionaries, another class of people eligible for this 'fast-track' naturalization.
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Reputation Level 5
Your husband's deployment, in and of itself, does not make you eligible for U.S. citizenship. Citizenship is usually available to spouses, children or parents of a U.S. citizen military personnel who have died while on active duty. However, you are eligible to apply for naturalization 3 years after you have acquired your permanent residence if you remain married. If your husband is a U.S. citizen, I assume you are probably already a permanent resident. If your husband is not a U.S. citizen, you need to have him naturalize as soon as possible. Every military installation has a point of contact that can assist him in the naturalization process. Let me know if you have any other questions, I would be happy to answer them.
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