On 11/23/11, President Obama signed H.R. 398 (Lofgren D-CA), a measure that would allow the 90-day periods for an alien/petitioning spouse to file for removal of conditional basis for permanent resident status and appear an interview to toll while the alien/petitioning spouse is serving abroad in active-duty status in the U.S. Armed Forces.

The petition may be filed at any time during active-duty service after the commencement of the 90-day petition period, and the tolling of the 90-day interview period does not prohibit the Secretary of Homeland Security from waiving the interview requirement.

Text of Public Law 112-38