3 FAM 4190
marriage requirements of an employee to a foreign national or to a u.s. citizen
(Office of Origin: GTM/CDA)
3 FAM 4191 employees marrying foreign nationals
a. An employee intending to marry a foreign national must provide notice to his or her agency 90 days prior to the marriage date in accordance with the procedures outlined in 12 FAM 275.
b. An employee must submit to the appropriate agency official a revised Foreign Service Residence and Dependency Report (Form OF-126 for State, Agriculture and Commerce; for AID, Form AID-490-2: see HB 32, Supp l B) within 30 days after the marriage. The appropriate agency official will advise the employee of the opportunity to enroll or change enrollment in the available benefits programs and provides assistance in completing the necessary benefits forms.
3 FAM 4192 Employees Marrying U.S. Citizens
a. Within 30 days after marriage to a U.S. citizen, a Foreign Service employee of the participating agencies, or other Department of State employee in a sensitive position, wherever assigned, must submit to the appropriate agency official the following forms or documents:
(1) Foreign Service Residence and Dependency Report (Form OF-126 for State, Agriculture and Commerce; for AID, Form AID-490-2: see HB 32, Supp l B);
(2) A certified copy of a divorce decree or other evidence of termination of any former marriage of employee or spouse. This information must be forwarded with the original of Form SF-85, Questionnaire for Non-Sensitive Positions, containing information about the newly-acquired dependent, to the employing agency’s security office (AID: to M/PM/FSP, M/PM/SPM, or IG/EMS, as appropriate);
(3) Report(s) of medical examination for the spouse and any other acquired legal dependents (Form DS-1843, Medical History and Examination for Foreign Service for Individuals Age 12 and Older, and Form DS-1622, Medical History and Examination for Foreign Service for Children 11 Years and Under) may be forwarded directly as an eForm or scanned as an e-mail attachment and sent to MED/Medical Records. These reports must be submitted within 90 days from the date the dependent is officially acquired.
b. The appropriate agency official will advise the employee of the opportunity to enroll or change enrollment in the Health Benefits Program and provide assistance in completing the necessary forms.
3 FAM 4193 Expeditious Naturalization of foreign nationals
a. There is no requirement that a foreign-born spouse become naturalized. If the spouse chooses to do so under the expeditious naturalization program, a minimum of 120 days advance notice must be provided to the employing agency/office prior to the desired date of naturalization.
b. The employee’s agency will provide the necessary forms and processing information. Eligibility under the expeditious naturalization program requires that the employee either:
(1) Be scheduled for an assignment abroad which will last a minimum of one full year after the date of naturalization; or
(2) If expeditious naturalization is to be accomplished during home leave (and return to the same post), R&R, or annual leave travel in the United States, the employee must have at least one full year remaining to the tour of duty abroad after the date of naturalization.
c. The naturalization hearing cannot be scheduled earlier than 45 days prior to the spouse’s travel to the post of assignment. The spouses of employees who are returning to the United States for a domestic assignment are not eligible for the expeditious naturalization program until the employee is notified of a new assignment abroad.
d. Spouses residing in the United States for three years or more under immigrant status are eligible for regular naturalization processing at the completion of that period. These requirements may not be waived.
e. Within 30 days of a spouse’s naturalization, the employee must submit a revised Foreign Service Residence and Dependency Report (see 3 FAM 4192).
NOTE: The Family Liaison Office (FLO) has information about naturalization and Foreign Service families.
3 FAM 4194 through 4199 UNASSIGNED