Learn about the Overseas Naturalization Process for Spouses and Children of Military Personnel

By: Jessica Potter | Posted: 09th June 2011

Serving in the military is a matter of pride, not only to the enrolled person, but to the entire family of that person. Be it any rank or any branch, the sense of patriotism that it instills in the person is profound.

The selfless service of the military personnel does not go without any recognition. They enjoy a great deal of concessions and exemptions from routine governmental procedures. Their immediate family (Spouses, Wife, Children, Parents) are also the beneficiaries of various waivers. Being away from their loved ones, in order to serve their country is the highest form of sacrifice, one could ever think of.

General eligibility criteria for naturalization

The applicant should

•Be 18 yrs or above

•Be able to establish that his or her U.S. citizen spouse is
commissioned abroad in service.

•Be physically present in the U.S. at the time of examination on the
Citizenship application

•Be a green card holder at the time of naturalization.

•Give in a declaration sating that the spouse intends to reside
abroad with the U.S. citizen spouse and also reside in the U.S.
immediately after the termination of the citizen spouse’s service
abroad.

•Be fluent in basic English (read, write, and speak)

•Possess a basic knowledge of the history and constitution of the
country

•Be a person of good moral character

Overseas Naturalization

Overseas Naturalization (also known as expedited naturalization) is the process of becoming a US citizen outside the country. Spouses and kids of US military personnel are eligible for this. Spouses of military personnel who are in service or who will be deployed in the near future may also become eligible under INA (Section 319b)

The newly added Act - National Defense Authorization Act for Fiscal Year 2008 under Section 319(e) of the INA allows certain eligible spouses and children of military personnel (who are in service) to naturalize abroad without making a travel to the United States.

Overseas Naturalization for Spouses

The INA takes into account their residence and physical presence abroad for qualifying purposes of naturalization. The spouse should be a permanent resident and should be authorized to accompany the military person abroad after the person is commissioned officially.
The spouse is required to be in marital status with the military person and reside abroad with him. Involuntary separations due to circumstances beyond their control, such as military deployments, do not prevent naturalization.

Also, it is necessary that, during the time of filing the Citizenship application, the spouse should satisfy all (except residence and physical presence) the requirements of either Section 316(a) or 319(a) of the INA.

Section 319(a) is applicable to spouses of U.S. citizens who have been permanent residents for 3 years, that too immediately before the date of filing their Citizenship application and who have maintained a successful marriage with their citizen spouses (at least for those 3 years)

Section 316(a) is applicable to spouses who have been permanent residents for 5 years, that too immediately before the date of filing their citizenship application

General Naturalization Process for Children

For a child who is born outside USA, the parent, grandparent or legal guardian (in case the parent has died 5 yrs before the time of filing the Citizenship Application) who are US Citizens are eligible to file Citizenship application on behalf of the child who has not acquired automatic citizenship under INA(section 320).

While applying, at least one parent should be a U.S. citizen or should have been a U.S. citizen when they died. They should also have been physically present in the US for at least 5 years; the least two of those years should have been after attaining turning 14 yrs.

The child for whom the Citizenship Application is being filed should be under 18 years of age and residing under the custody of his US citizen parent. In case the parent is not alive, then the child should be staying under the custody of legal guardian. Also the child has to be temporarily present in the US and maintain a lawful status.
Overseas Naturalization for children

In accordance to section 322(d) of INA, a child of a US military personnel who is commissioned abroad in service is not required to be physically present in the US .The child should have been legally admitted into the US and the parent (US Citizen) can show any period of residence abroad for physical presence requirements of the Citizenship application.

Citizenship Application
US Citizenship form




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Tags: matter of pride, patriotism, military personnel, basic knowledge, card holder, immediate family, naturalization, moral character, eligibility criteria, green card, waivers