Does my time abroad count toward residence requirements?
INA 319(e) makes a special provision for eligible military spouses by allowing time accompanying a spouse on assignment to count towards the continuous residence and physical presence requirements.
To be eligible:
- You must be a LPR who is married to a member of the U.S. Armed Forces
- You must be authorized to accompany and reside abroad with your spouse, pursuant to official orders
You must accompany and reside with your spouse while abroad
What happens if I divorce my spouse before filing?
If you are no longer married to a service member when you file, you may still qualify for time spent abroad towards your eligibility requirements as long as you met the listed conditions at the time.
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