N-400 Requirements for:

Spouses of U.S. Citizens Assigned Abroad

&

Foreign-Born Children

Spouses of U.S. Citizens assigned abroad:

Besides a shorter residence requirement (3 years instead of 5), spouses of citizens who are assigned abroad by their U.S. employers can be exempted completely from the continuous residence and physical presence requirements, thereby permitting them to be naturalized prior to accompanying their citizen spouses abroad on their assignments. The citizen spouse must be working for one of the same employers that can qualify their alien employees for extended absence naturalization benefits. Applicants must meet the following requirements:

  1. Be married to a U.S. citizen and live together in a valid marital union
  2. Be a lawful permanent resident (green card holder)
  3. Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period
  4. Be physically present in the U.S. at the time of naturalization
  5. Applicant's U.S. citizen spouse must have at least 1 year remaining on his/her overseas duty at the time of naturalization
  6. Will depart abroad immediately after naturalization and intend to reside in the United States immediately upon the termination of the citizen spouse's employment abroad
  7. Comply with all applicable naturalization requirements.

United States citizen spouse will be considered as regularly stationed abroad in any of the following kinds of employment:

  1. As a member of the United States Armed Forces
  2. As an employee of the United States Government
  3. As an employee of an American institution of research recognized by USCIS or by a public international organization of which the United States is a member by treaty or law
  4. As an employee of an American company engaged in the development of United States foreign trade and commerce, or its subsidiary
  5. Performing ministerial or priestly functions by a religious denomination with a bona fide organization in the United States
  6. Employed as a missionary by a religious or interdenominational mission organization with a bona fide organization in the United States

Foreign-Born Children of U.S. Citizen:

Foreign-born children of U.S. citizens must meet one the following requirements to be exempt from the N-400:

  1. Born in a foreign country to 2 married U.S. citizen parents
    • At least one parent has resided in the U.S. prior to their birth
  2. Born in a foreign country to a married citizen and foreign parent
    • U.S. citizen parent has been physically present in the U.S. for 5 years, at least two of which were after the age of 14
  3. Born in a foreign country out of wedlock to a U.S. citizen mother
    • The mother had previously been physically present in the U.S. or one of its outlying territories for a continuous period of 1 year
  4. Born in a foreign country out of wedlock to a U.S. citizen father
    • The father was a U.S. national at the time of the child's birth; the father (unless deceased) had agreed in writing to provide financial support for the child until he/she reaches the age of 18 years; the father was physically present in the U.S. for 5 years, at least two of which were after the age of 14