US Citizenship and Foreign Military Service?

Question

Does the US allow someone who is currently in a foreign military to apply for US Citizenship?

My husband signed up for the military, did his studies, but never actually did any service. He was hired out to a civilian employer before he ever did any actual military duty. He doesn't even have a commanding officer and never has. The problem is, the military won't officially release him until his employer pays off the debt for his training (since they hired many from the military, it'll be another 3-5 years before he can be released).

Will he have any problems? His I-130 has already been approved, but they specifically ask about military service and dates on the application for an immigrant visa. How should he answer that question?

Answer 1

This will not be a problem, from the U.S. point of view.

Answer 2

The issue is based on allegiance.  If your husband is in the military of his own government, he undoubtedly swore an allegiance to that government.  How can he then swear allegiance to the United States?  

Your husband is required to answer the questions on the visa application truthfully, as they relate to material facts.  If he does not, it is possible that he could be stripped of US citizenship in the future.  Until your husband is released from his (foreign) military obligation, he is not eligible to apply for US citizenship.

Answer 3

Well, if your husband's I-130 have been approved, but he hasn't been issued an immigrant visa, this is not a problem, because he's a few years away from being able to naturalize. My only question based on what you've said above is whether he'll even be allowed to leave his country if a visa is approved, or whether he'll have to wait before he's released from his military obligation?  If he leaves before being released, what happens if he returns? Would he be arrested, put into active service or what? He remains a citizen of his country even with a green card and would remain subject to its laws if he were to return.  He needs to discuss this thoroughly with the immigrant visa officer, it won't do him any good to ignore the problem.  Probably wouldn't hurt to discuss his legal obligations with an attorney there either, so he won't be surprised if he goes back home.