DCF for Green Card, Then Expedited Naturalization

[saado 0]

I am a U.S. citizen working with the United Nations and stationed abroad. My wife is a foreign national (Brazil). We have been married for more than two years. I would like to file a petition for her to receive an immigrant visa (green card) and then follow up immediately with expeditious naturalization based on section 319(b) of the Immigration and Nationality Act.

According to section 319(b), my wife would qualify as she is the spouse of a United Nations employee (“a public international organization of which the U.S. is a member”). I have more than one year remaining on my contract.

I have a number of questions:

1. Does this approach seem reasonable and possible?

2. When is the earliest date she can file the N-400? I know that she must be a LPR at the time of application, but do we have to wait until she recieves a physical copy of the green card in the mail?

3. Does anyone have experience applying under 136(b) for the spouse of a UN employee?

Thanks.

[bendinlar 16]

Sounds like something to talk to uscis about. Or a competent immigration lawyer.

Just my .02.

[Mark88 183]

Sounds like something to talk to uscis about. Or a competent immigration lawyer.

Not at all. After reading the law, it seems pretty straight forward.

1. Does this approach seem reasonable and possible?

After reading the law, it does seem reasonable.

2. When is the earliest date she can file the N-400? I know that she must be a LPR at the time of application, but do we have to wait until she recieves a physical copy of the green card in the mail?

You don't have to wait for the physical green card, and it seems you can file immediately (the visa in your wifes passport is the temporary greencard). BUT you do have to "activate" the green card by traveling to the US once. And ofcourse the oath ceremony and interview (+ citizenship test and all other requirements for N-400 that apply to anyone else). Except that you can file earlier. For more info, this source seemed good: http://pjclaw.net/uscitizenship/expedited-naturalization-under-319b/

Edited September 2, 2014 by Mark88

[bendinlar 16]

Well, when you put it that way....

Yeah, seems straightforward and simple. Just requires that you be informed and know what should be allowed.

Still above my pay grade.

Best wishes. Hope it all works out for ya.