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On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (H.R.4986 / Public Law 110-181) into law. Part of that law is a new section 319(e) of the Immigration and Nationality Act (INA) which allows certain eligible spouses of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.
To be eligible for naturalization abroad, lawful permanent resident spouses of members of the U.S. armed forces, who live abroad on official military orders, must meet the requirements of either section 316(a) or 319(a) of the INA at the time of filing.
* Section 316(a) applies to spouses who have been lawful permanent residents for five years.
For naturalization purposes, the time eligible spouses have spent abroad on official military orders may count for both continuous residency and physical presence in the United States.
Individuals applying for naturalization abroad as the spouse of a member of the armed forces must live in marital union with that member of the armed forces. However, involuntary separations due to circumstances beyond their control, such as military deployments, do not prevent naturalization.
A spouse of a member of the armed forces must have official military orders authorizing them to accompany their spouse abroad, and must accompany or live with that member of the armed forces as provided in those orders.
Note that only those eligible spouses who prefer naturalization abroad should apply for that option. Those who prefer to apply for naturalization in the United States may still elect to do so. Eligible spouses who live abroad and want to naturalize abroad should follow these instructions:
Submit a completed and signed Application for Naturalization (Form N-400) – In Part 2 (Information About Your Eligibility), please note whether the eligibility is under INA Section 316(a) or 319(a) and mark Section D (Other). Write in: "319(e) Overseas Naturalization.” Include the following information:
Cover Letter – USCIS encourages applicants to place a brief cover letter on top of the application package with the heading “319(e): Deliver to Military N-400 Point of Contact” explaining their desire to naturalize abroad. The cover letter should include the applicant’s current address of residence abroad and indicate whether they qualify for naturalization under either Section 316(a) or 319(a) of the INA. Applicants should print their name and overseas address (both local and APO/FPO) and include the location of the USCIS office overseas most convenient to conduct the interview (for example, “the U.S. Consulate in Frankfurt”).
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