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If the Conditional resident is A SERVICEMEMBER...

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  • If the Conditional resident is A SERVICEMEMBER...

    ...and the conditional residency period is about to expire, what can be done if the servicemember is stationed overseas?

    I am supposed to apply for I-751 with my wife and I will most likely be stationed in Korea where spouses can not accompany servicemembers... Do you have any suggestions in this issue?

    Thanks...
    SEMPER VIPER / Army Strong!

  • #2
    ...and the conditional residency period is about to expire, what can be done if the servicemember is stationed overseas?

    I am supposed to apply for I-751 with my wife and I will most likely be stationed in Korea where spouses can not accompany servicemembers... Do you have any suggestions in this issue?

    Thanks...
    SEMPER VIPER / Army Strong!

    Comment


    • #3
      As per the I-751:

      However, if you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States.

      NOTE: If you or your spourse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the CIS Service Center having jurisdiction over your residence of record in the United States. Include a copy of the U.S. Government orders assigning you and your spouse abroad.

      Comment


      • #4
        Bushmaster!

        This is your friend from Michigan who had the same problem as you!!!

        Where are you man?!

        Hope everything is fine!

        Comment


        • #5
          OK thanks for the replies,

          Here is the real issue... I am currently eligible for N-400 because I am covered under executive order that waives any time requirements for military members in order to apply for naturalization. I will send in my naturalization packet from my military post in a few months. However I have to send my I-751 in August. How are these 2 applications effect each other, that is what I am trying to figure out. Certainly, an individual can not become a LPR and apply for naturalization without the approval of I-751. But in military cases the individual can apply without being a LPR. I can send in my N-400 but what if I end up in removal proceedings because I omitted my I-751 since I will already have a N-400 being processed. Or what if they would halt my military N-400 (which they should not) because of the I-751 being not processed? Woudl you suggest sending 'em both (N-400 first and I-751 second) when they are due?

          Judy9334, how are you my friend? You disappeared, and I lost hope in your case. I am in Virginia right now going through my Apache training. So you don't have the "same" problem no more? I think that would be great news...

          Come to immigrate2us.net and send me a private message, I will give you my email...
          SEMPER VIPER / Army Strong!

          Comment


          • #6
            The I-751 becomes moot if you are applying under INA section 329. You file the N-400, N-426, and G-325B.

            Don't you have a JAG or other military counsel to help you with this?

            Thank you for serving.

            Sphy

            Comment


            • #7
              I did send you many emails!But the email you had before! The rushmore one doesnt work anymore! I hope everything is ok! I am at immigrate2us! and I will send you a message!

              Comment


              • #8
                Sphy, thanks...

                What do you mean by "becomes moot" do you mean "not needed" or debatable?? Yes it will be under INA 329...

                My current post doesn't have much information on immigration so I didn't want to step into a big mistake when I first came here, but I am about to get stationed somewhere else and I will actually have time to go visit the office that provides help with legal cases. Thanks...

                Judy, yes, the rushmore one don't work no more, my Army one does, I will give it to you from that other website.
                SEMPER VIPER / Army Strong!

                Comment


                • #9
                  Moot as in "not applicable" or "no longer relevant". No need to file an I-751 if naturalizing under INA 329.

                  Comment


                  • #10
                    hey bushmaster did you join the military with a greencard or did they provide yuou with one when u joined up

                    thanks

                    Comment


                    • #11
                      hi J, so proud of you! Go Army!
                      Formerly Josephine Schmo

                      Comment


                      • #12
                        Thanks Sphy... I just can't trust the INS, what if they say why didn't you file your I-751... Just in case to avoid further headache, I will apply for Military N-400 and will file the I-751 following few months... I-751 will be put on hold anyway in case I am stationed in Korea. My wife will send a copy of my orders along with the I-751, I just want to get naturalized, and receive a NOA for I-751 wouldn't that be hilarious?

                        You need to obtain a greencard before joining the military Benny...

                        Thanks Jo... See you around...
                        SEMPER VIPER / Army Strong!

                        Comment

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