3 FAM 4190
eXPEDITIOUS NATURALIZATION OF foreign NATIONAL SPOUSES OF U.S. Citizen Employees
(CT:PER-1174; 02-06-2024)
(Office of Origin: GTM/GCLO)
3 FAM 4191 AUTHORITY
(CT:PER-1174; 02-06-2024)
(Uniform State/USAGM/USAID/Commerce/Agriculture)
The Immigration and Nationality Act, Section 319(b) [8 U.S.C. 1430(b)], provides that any person (1) whose spouse is a citizen of the United States in the employment of the Government of the United States and is regularly stationed abroad in such employment (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination such employment abroad of the citizen spouse may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
3 FAM 4192 REQUIREMENTS
(CT:PER-1174; 02-06-2024)
(Uniform State/USAGM/USAID/Commerce/Agriculture)
a. The Global Community Liaison Office (GTM/GCLO) is the liaison with U.S. Citizenship and Immigration Services (USCIS) for expeditious naturalization of foreign-national spouses of Department of State employees. Employees of other agencies should contact their respective Human Resources office for possible assistance with this process.
b. Eligibility for expeditious naturalization requires that the spouse:
(1) Be a Lawful Permanent Resident (LPR) age 18 or older at the time of filing the application;
(2) Be married to a U.S. citizen regularly stationed abroad in qualifying employment;
(3) Have at least one year left on their U.S. citizen spouse's assignment abroad at the time of filing;
(4) Be legally married from the date of filing of the application up to the Oath of Allegiance;
(5) Depart to join the U.S. citizen spouse within 45 days after naturalization.
Additional eligibility requirements are outlined in Volume 12, Part G, Chapter 4 of the USCIS Policy Manual.
c. Spouses of employees returning to or currently on a domestic assignment in the United States are not eligible for expeditious naturalization until the employee has a new overseas assignment.
d. Spouses currently ineligible for expeditious naturalization may qualify for naturalization under Immigration and Nationality Act 316(a) if they have resided in the United States for five years or more as an LPR and meet all other statutory requirements. They may also qualify for naturalization on the basis of marriage to a U.S. citizen under Immigration and Nationality Act 319(a) if they have resided in the United States for three years or more as an LPR, lived in marital union with their U.S. citizen spouse for at least three years, and meet all other statutory requirements. Questions regarding regular naturalization under INA 316(a) or 319(a) should be directed to USCIS.
e. An employee must submit a revised Foreign Service Residence and Dependency Report within 30 days of a spouse’s naturalization.
f. There is no requirement that a foreign-national spouse become naturalized to be on the U.S. citizen spouse's orders.
g. Department of State employees should review the security reporting requirements in 12 FAM 273.5 for guidance on reporting intended spouses to DS/SI/PSS. All personnel under Chief of Mission (COM) authority abroad should consult post security directives for declaration of a new cohabitant to the COM and Regional Security Officer (RSO).
3 FAM 4193 through 4199 UNASSIGNED