If you’re a U.S. permanent resident married to a U.S. citizen who is or will be going overseas to do one of certain types of work, you may be able to get U.S. citizenship before joining your spouse overseas, without having to spend the usual three or five years residing and physically present in the United States. Read on to find out whether you’re eligible to take advantage of the special citizenship rules for such people, and how to apply for citizenship if you are.

Eligibility for This Exception Depends in Part on U.S. Citizen Spouse

Here's what you'll need to show with respect to your U.S. citizen spouse in order to make use of this exception to when you can apply for citizenship

U.S. Citizen Spouse Must Be Regularly Stationed Abroad

For you to be eligible to take advantage of the special citizenship rules, your spouse must be a U.S. citizen who is “regularly stationed abroad” in one of certain types of employment.

“Regularly stationed abroad” doesn’t mean that your spouse has to be abroad already when you apply for citizenship, although he or she could be. Rather, it means that your spouse must have an employment assignment that is scheduled to last for at least one more year at the time you apply for citizenship.

When you go for your citizenship interview and when you take the citizenship oath, it’s okay if your spouse has less than a year left on the job, as long as he or she actually did go overseas to do the job and is still doing it.

U.S. Citizen Spouse Must Have Certain Type of Employer

Your spouse be under employment contract or orders to work for any of the following entities:

• the U.S. government, including any of its agencies or the armed forces
• certain U.S. research institutions
• a U.S. company engaged in the development of U.S. foreign trade and commerce, or a subsidiary of such a company, or
• a public international organization in which the United States participates by treaty or statute.

In addition, your spouse can be in a position in which he or she is:

• authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or
• engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States.

Spouses of employees of an U.S. research institution qualify only if the institution is approved by the Secretary of Homeland Security. You can see a list of the approved institutions in the Code of Federal Regulations at title 8, section 316.20, paragraph (a). If you need help finding that list or have questions about whether your employment qualifies for the special rule, consult with an immigration lawyer.

Spouses of employees of subsidiaries of a U.S. company engaged in foreign trade and commerce qualify only if more than half of the subsidiary’s stock is owned by an American firm or corporation. There is no list of U.S. companies engaged in the development of foreign trade and commerce. You will have to prove what your spouse’s employer does and show its connection to foreign trade or commerce if you want to take advantage of the rule. You might need a lawyer’s help with this in a case where the trade or commerce is not obvious.

You can see a list of public international organizations of which the United States is a member by treaty or statute in the Code of Federal Regulations at title 8, section 316.20, paragraphs (b) and (c).

Eligibility for This Exception Depends on Valid Marriage

You don’t have to prove that you’ve been living with your spouse for any length of time or that you’re currently living with your spouse at the time you apply for citizenship. Your marriage must still be valid and existing at the time you become a citizen, however. If your spouse dies or you divorce before you’re able to take the citizenship oath, you will have to get citizenship under other rules.

If you’re planning on divorcing your spouse as soon as you get citizenship, then taking advantage of these special application rules is probably not a good idea. U.S. Citizenship and Immigration Services (USCIS) could find out about the divorce and decide that you were trying to obtain your citizenship by fraud. It could then take you to court to try to “denaturalize” you (take away your citizenship).

If circumstances in your marriage unexpectedly change for the worse after you become a citizen, however, you do not need to remain married just to keep your citizenship.

Eligibility for This Exception Depends on Intent to Reside Abroad

When applying for U.S. citizenship, you need state that you intend to reside abroad with your spouse after you get citizenship and that you’ll move back to the United States with your spouse as soon as his or her job assignment is over.

You have to promise that you will move overseas to join your spouse within 30 to 45 days after your citizenship oath ceremony. USCIS also wants you to promise that you will notify it immediately if, after applying for citizenship, you learn that your spouse’s assignment abroad has been delayed or cancelled, or if the place where your spouse will be working gets designated as an area of hostilities where spouses may not reside.

If you break any of these promises and USCIS finds out about it, you risk having your citizenship revoked.

How to Apply for U.S. Citizenship

The usual rules for applying for citizenship apply, except for those relating to continuous residence and physical presence in the United States. (You don’t have to have any.)

As a general rule, you do need to be in the United States for the citizenship interview and oath, however. Spouses of citizen members of the armed forces can complete the whole process overseas if they are residing abroad under official orders allowing them to be with their spouse.

The usual procedures apply, with some additional evidentiary requirements. On the N-400 Application for Naturalization in the section asking for your basis of eligibility, check the “other” box and select from the menu or write “I.N.A. 319(b), marriage to a U.S. citizen regularly stationed abroad.”

With the N-400, send evidence of your spouse’s U.S. citizenship and a statement expressing your intent to reside abroad with your spouse and your intent to move back to the United States immediately after your spouse’s job abroad ends.

Also send evidence that your spouse’s job qualifies you for the special rules. At a minimum this should include the name of the employer and either the nature of the employer’s business or the ministerial, religious, or missionary activity in which the employer is engaged.

You must send evidence of the anticipated period of employment abroad showing that it will last at least another year, such as a contract or letter from the employer. As appropriate, send evidence that the employer is owned in whole or in part by U.S. interests, that the employer is engaged in whole or in part in the development of U.S. foreign trade and commerce, or evidence showing the religious nature of the activity in which your spouse is engaged.