Expedited U.S. Citizenship for Foreign Spouses of U.S. Expatriates Living Overseas

U.S. law requires that, before an individual with a green card may obtain U.S. citizenship, he or she must be physically present in the U.S. for at least 2 1/2 years out of five years, or 1 1/2 years out of three years (if the applicant is the spouse of a U.S. citizen). There is an exception to this law. Green–card holding spouses of U.S. citizens who are regularly stationed abroad may be naturalized without satisfying the physical presence requirement.

Who can qualify?

This exception applies to any person, holding a green card, whose spouse is

1. a U.S. citizen
2. employed by the U.S. government, an American research institution, or a US company or subsidiary engaged in whole or in part in the development of foreign trade and commerce of the U.S.
3. regularly stationed abroad.

In order to become naturalized, it is also necessary to have "good moral character", be attached to the principles of the Constitution, and demonstrate some English–language and U.S. civics knowledge. Upon naturalization, the applicant must intend to reside with the U.S. citizen spouse abroad, and to take up residence in the U.S. immediately upon the termination of the spouse's employment abroad.

What documents will I need?

It is necessary to present documentation confirming the qualifying employment abroad, as well as the marriage certificate and documents confirming the legitimacy (e.g., children's birth certificates, joint property) of the marriage. It will also be necessary to have fingerprints taken, and provide tax documentation.

How does the process work?

There are three primary steps to the process:

1. submission of the petition to the USCIS and fingerprinting
2. passing the citizenship interview, and
3. attending the swearing–in ceremony.

Upon USCIS approval, it will be necessary to travel to the United States to attend the citizenship interview at an USCIS District Office. Upon the successful passing of the interview, the applicant must attend the swearing–in ceremony in the United States. Although processing times vary, the whole process can be completed within 6-9 months.

This expedited naturalization for spouses of U.S. citizens working abroad is a tremendous opportunity as it provides the full protection of the U.S. government to the spouses of U.S. citizens and is available immediately after admission as a lawful permanent resident. We would be happy to answer any questions that you may have about obtaining U.S. citizenship using this provision of U.S. law. Please contact us for more information.