My wife will be applying for Expedited Naturalization under Section 319b under the Immigration and Nationality Act. I've had a really hard time finding information on how to do this so I'll be documenting our process and posting resources for anyone that is doing this now or may need help in the future.

Documents
To see if you qualify, learn about the process, and other FAQ from USCIS, view Click to view attachment
For a sample cover letter, view Click to view attachment
For the latest Naturalization Application and Instructions (N-400) visit USCIS Forms

Dual Citizenship
If you are working towards dual citizenship in the United States as we are, read this page.
For the United States official policy on dual citizenship, visit this page. There are also some "risks" to dual citizenship.
For information on dual citizenship from Wikipedia and links to other government policies visit this page.

Useful information link, thank you.

I went to my local USCIS office today to ask some questions about expedited naturalization. The person answering questions had no idea what I was talking about and claimed its not possible even though I was holding a USCIS document in my hand explaining it. I've called the USCIS customer service number a few times and get the same response. At least today she agreed to have a "USCIS lawyer" call me. I asked if I'd get a phone call today and the response was, "ha, yeah right." I'm attempting to do this without hiring a lawyer, but it is looking like I'll have to get one anyway.

Hi I just did my Naturalization under 319b last March and did get an interview on june 08 and have the oath at the same day.. There is a lot of people that are not aware about 319 b. If you are a contractor working overseas, and your wife is coming with you A letter of Authorization or LOA, LOI will support her application for her. I did try asking a lot of question to different people before I filed the n400 in March 08.. I figure since nobody can give me information I will just go ahead and submit all the requirements they were asking.. I dont care if I will lose hundred dollars what matters is I tried it, since my GC will expired in Nov 08, I just told myself I will give it a try and I've made it.

Here is what I enclosed in the packet (in order)

1. Cover letter (stating you are working overseas and you are applying under 319b, your job, your company) I can send you sample if you want.
2. Filled N400
3. PICTURE
4. Tax info (for for years, joint or not)
5. a letter from the company (notarized)
6. employment letter (job offer-notarized)
7. Employment agreement (notarized)
8. (2 )fingerprint card (done in US Embassy overseas)
9. Greencard (photocopy)
9. Passport (copy)
10 CAC (DOD id of my husband) or any ID from the US company you work for overseas.
11. LOI or a letter authorizing you to deployed overseas.
12. husband passport
13. marriage certificate
14. if you have a child include a copy of his birth certificate/

let me know if you still have questions. I am done with immigration finally!!!!

and also she can do this without a lwayer.. Everything I did it in my own.. d

Due to the difficult time frame and the fact that my local USCIS office has probably never done a case like this, I decided to hire a lawyer. I'll keep updating through the process.

Do you have to be married 3 years before applying for this? We were married in September 2007, but my wife did not receive her permanent residency until July 2008. I am always stationed abroad for various reasons, and I'm not sure which would be the best way to go:

1. Self-employment as contractor for a UK bank.
2. Researcher who could potentially obtain a grant from a US foundation.
3. Maybe could get a contract via an international organization.
4. Maybe could get a contract via a US bank.

The first would be the easiest for me, but I'm not sure it qualifies. The second is more possible and the third and fourth are difficult but possible. We would really like to do this citizenship thing without the physical presence requirement. We spend half our time in the US, half our time in South America, and half our time in Europe. Ugh.

Some of the requirements seem strange, like:

"7. You must be physically present in the United States at time of naturalization."

So you have to fly back for your interview?

"8. You must declare in good faith an intention to reside permanently in the United States when your spouse’s
employment abroad terminates."

Is this enforced? Thought as a naturalized USC, you were free to go where you pleased without restrictions, does SECTION 319( contain restrictions?

Also assume if applying under the marriage provision, need to be a LPR for at least three years and don't bother to apply if your USC spouse has less than one year on his/her The U.S. government; or An American institution of research, or An American firm or corporation engaged in whole or in part in the development of foreign trade, or A Public International Organization or ministerial or priestly functions position.

My favorite reply from an IO is, "don't ask me, I just work here." Ha, we should start a thread on IO replies to valid questions.

The 3 year period is waived. It does NOT speed up the application process, but it does waive the 3 year wait period completely. You'll have to talk to a lawyer to determine if you qualify. According to the USCIS document above these are the employment requirements.

The U.S. citizen must be “regularly stationed abroad” in the employment of:
• The U.S. government; or
• An American institution of research recognized as such by the Attorney General; or
• An American firm or corporation engaged in whole or in part in the development of foreign trade and
commerce of the U.S., or a subsidiary thereof; or
• A Public International Organization in which the U.S. participates by treaty. Per Title 8 of the Code of
Federal Regulations, Part 319.5, these organizations are: The North Atlantic Treaty Organization and
The UN and all agencies and organizations which are a part thereof; or
• Is authorized to perform the ministerial or priestly functions of a religious denomination having a bona
fide organization within the U.S. or is engaged solely as a missionary by a religious denomination or by
an interdenominational mission organization having a bona fide organization within the U.S.; and

7. Yes, you have to return to the U.S. for the interview and oath ceremony. We are leaving and then coming back for the interview later.

8. I can't see any way they could enforce this. It would be hard to enforce "good faith." Once you're a citizen, there are no restrictions. Good question for a lawyer though.

"except that no particular period of lawful permanent residence is required.."

Sure sounds interesting and unusual, no I-751 nonsense to go through? Or maybe not even the initial green card as the immigrant spouse is technically a LPR when the I-485 receipt is received.

Ha, maybe I should have applied for a foreign job with the government, my sister and brother-in-law did for the US Navy in Germany, but their dreams of touring all over Europe were thwarted by work, spent 24 months there and were glad to come home.

I'm afraid you are correct about needing to hire a lawyer. The trouble is that so few have been able to help up to now. The term "engaged in whole or in part in the development of foreign trade and commerce of the US," is painfully vague. I am an independent contractor for foreign firms needing international political analysis in foreign languages. That's foreign trade if services are considered equal to goods, no? But as an independent contractor I am my own boss via self-employment. The application process appears to require that the firm be incorporated within the US. Does that mean I just need to incorporate it, set up an 18-month period of time during which I will be stationed in the UK or elsewhere and then begin the 319b application?

It seems unfair to "send myself" overseas, but that's exactly what I would do, as my own boss. And I would love not to have to choose between my career and my wife's permanent residence status/naturalization.

I'm so glad I found this thread by the way. Even if I do not qualify at the moment, I hope that eventually I will be sponsored by a US organization as my current travels do not appear to be slowing down as I thought they would when we applied for the PR.

I am not up to date on this, but use to be if you took a job with a US Defense contractor installing some of kind a defense thingy, had to be out of the country for the full 18 months to be tax free. If you came back to the US even for one day, would be liable for the full 18 months worth of taxes which would be quite a bundle. You were sent to areas where you wouldn't want to bring a spouse along, but was a chance to get quite a nest egg. Just saying something else to check into. Tax laws are changing every five minutes.

Certainly something to think about. Need to check with an accountant i suppose. But still, I'm more interested in doing three things simultaneously, live with my family, work abroad, and not lose my wife's permanent residence. I have almost decided to give the 319b a shot, b/c getting rejected just means we are back where we started, with her permanent resident status secure but annoying.

Well Tom, if you are vague about the 319( requirements, you may be equally vague about the N-470 requirements, from the N-470 instructions:

"Use Form N-470 to preserve your lawful permanent resident status for naturalization purposes.
Instructions
In certain limited situations, a person may be able to preserve residency, previously accumulated for naturalization purposes, even though he or she may be residing outside the United States for longer than one year. Thus the time spent abroad may be counted toward the residency requirement.
These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.
To obtain approval to preserve residency, such permanent residents must file a Form N-470 application before departing from the United States.
The regulations are different for religious workers proceeding abroad to perform religious duties. Religious workers may apply before or after departure, or after return to the United States. They are not required to have lived in the United States for a specific period of time prior to filing Form N-470.
Filing a Form N-470 does not relieve a permanent resident from obtaining a reentry permit, in advance of trips outside the United States for a year or more, nor does it relieve the applicant from the naturalization law's physical presence requirement."

The employment requirements are very similar to those of the 319 ( would check that out with an attorney as well.


Really hate to make negative comments about the laws of the USCIS, really tie your hands with the so-called lawful permanent resident status, not only employment problems in particular if you can only find a job overseas, but also trying to maintain a foreign passport while here, why should a foreign country want to issue you a passport if you are a LPR here?

Then you don't exactly get that PRC when you first arrive, use a none counting year under the EAD status before that PRC status clock starts ticking, then further delays in getting your citizenship that until more recently could add another one to two years to that time. Ha, we may wait that long just to get our oath letter. So we can be talking 4-6 years with your hands tied where the USCIS wants you to stay here and pay taxes, that is, if you can find work with all of our jobs being exported overseas.

Something else to write your congressman about.

I might add that your congressman may be helpful after you file. I've used my state senator's office twice to get specifics about our case that USCIS customer service wouldn't give us. They were very helpful.

I was talking to my lawyer yesterday and she said all offices are being asked to complete as many naturalization applications as possible before the November elections. Now may be a good time to apply.

Hi
I just need some info about the filing under section 319(

When you fill in the N-400 and you come to Part 7. Time spent outside the United States. What do you put if you have been overseas in Germany for the last 3 years or is it left blank because you are filing under section 319 (?

Any help please.

Thanks

You've been out of the U.S. for 3 years and still have a green card? I'm assuming you made frequent trips and are still in good standing with USCIS.

yes, my husband is working in Germany for the Dept of Defence, US Army but has now been extended for a further 2 years which is more time outside the USA so having found out about the section 319 ( figured that i would try and get my citizenship.

You still have to put every trip outside of the U.S.
Military personnel require some extra documentation I think. I recommend contacting the HR department of the US Army that deals with immigration. You might find some more helpful information from this USCIS post. http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

umm,..no technically,..when your a military dependant,...you are considered to be still on US soil even if you are living on a MIlitary base in Germany!

So if she lived in Germany for 3 years, thats still considered US soil, because of military status,..not considered an out of US trip!

Hi,

I just wanted to say that your success has inspired me to go ahead and apply for my wife's citizenship.

My main question is that items 5, 6, 7, and 11 seem very similar. Since my employer is a small business (indeed it is my business), could it be that I can include all pieces in one letter on company letterhead? What is a letter of authorization, by the way?

Many thanks.

Oh, and if we are already overseas and are expected to remain overseas (other than occasional visits home every 6 months or so), we can apparently apply to any USCIS service center. Does anyone recommend or specifically NOT recommend any? I hear that Fairfax has experience in these, but we normally live in Georgia.

I went back to the States for my interview.. It costs a lot of my money but its paid off. You dont have to be LPR for 3 years. I was only 1 and half years GC when I applied n400. 319 b waved all the physical presence required in the US. If you read the naturalization guide, there will be a checklist if you are qualified to apply under this provision.

Thank you.. I did apply for N400 without thinking I can be approved. I am not expecting it, but since my GC will be expiring in Nov, why not apply for it.. If they denied I still have my petition to remove condition to file..
Item 5,6, 7 is all about company's information on why are you living overseas..

Here is the article below:

You may be able to naturalize without having resided in the United States for three years if you are married to a US citizen who is stationed abroad for work with an American company, an international organization, or a religious organization with a presence in the United States. [color="#FF0000"][/color]This is sometimes called "expedited" naturalization and is authorized under section 319( of the Immigration and Nationality Act.

Your spouse must be "regularly stationed" abroad for you to qualify under this section. Citizenship and Immigration Services has interpreted that to mean that your spouse is contracted to work abroad for at least a year from the time of your interview. After your spouse's overseas employment ends, you must intend to take up residence in United States.

LOI is a letter from the government for civilian contractor who is working overseas.

I dont know about your case though, because you own a business and working at the same outside the US.. You may want to still try to apply and include those documents that proof that you own that company. Anyways you lose 600$ if it gets denied but this answers all your question.. All you have to do is try..
They will send you a letter anyways if you are lacking some documentation..

[quote name='Jo D' date='Aug 25 2008, 09:50 AM' post='2149256']
Hi
I just need some info about the filing under section 319(

When you fill in the N-400 and you come to Part 7. Time spent outside the United States. What do you put if you have been overseas in Germany for the last 3 years or is it left blank because you are filing under section 319 (?

Any help please.

Hi,

In the N400 FORM Part 7.

How many total days did you spend outside of the United States during the past five years? (I received my GC in nov 06, I counted the days started the days I left the US, and add to the trips I did)

For example:
You LEFT the US Jan 18, 2006 going to Germany- since the time you became a resident..
From Jan 19 2006- November 06 - ( you have to go back before 11 months to the US to physically meet the requirements of residency..)
-From 19 Jan 06 (being in Germany) - you have to count up to the day you enter in Nov 06, then count again when you left the US lets say;
You went back to Germany on Dec 06- count this again as everytime you leave the US...

Its hard to explain.. but what important is you come and visit the US once a year..

You also have to list all the trips of 24 hours or more that you have taken outside of the United States since becoming a Lawful
Permanent Resident.

In Part 2. Information about your eligibility. (Check only one.)
D. Other (Please explain) - ( you have to put "I am applying under Article 319b of Immigration and Nationality Act"

You have to include cover letter on this application....
Try to research more threads of 319b in Visa Journey.. If I got the chance I will post the link to the thread here..

all this is the thread I followed..

http://www.visajourney.com/forums/index.ph...108177&st=0

I had carefully read the instruction from one of the VJ Member "misterscn" and followed everything he stated there..

Read this thread and this might help you also through the process... feyser also posted some question here before.

Thanks for your help, I found someone in the local area that might be able to make sure that i fill this in correctly. Will get back later and let you know how it goes and when I file.

Goodluck!.. Sometimes instruction in the forms make things complicated unless you interpret this as simple as you can understand it....

I talked to my lawyer today and she confirmed that local USCIS offices have been asked to expedite naturalization cases before the elections. Anyone else heard that?

Here is another folks that will be having interview soon under 319b..

http://www.visajourney.com/forums/index.ph...=0#entry2173153

my husband just got orders for germany ( and then he is going to afganistan ) i am resident with conditions i will be filling n400 under 319b my questions are : do i have to still remove conditions from green card? we are living on 10 of january that is in 110 days what if we won't be able to finish that process ? will i have to return for interview? what if he will be in afganistan?
help plz

NO you dont have to remove your condition...When your greencard will expired?


You will have to return for interview and the oath. It does not matter if he is in Afghanistan.. Are you joining with him in Afghanistan? 319 b only applies if you will reside with him overseas.

hi my conditions expire in a 8 months, and we got an orders to germany ( from there my husband will deploy to afganistan ) i am staying in germany

i am so confused with that form some of those parts i will have to leave totally blank i came to usa 3 years ago and since then i never left the country...
but there is no such an option on it

http://www.usis.it/dhs/uscis/services/N-400.asp
i found this
there is no need of coming back to usa for naturalization
NATURALIZATION OF SPOUSES OF ACTIVE DUTY MILITARY MEMBERS CURRENTLY STATIONED ABROAD

A new law, (H.R. 4986/Public Law 110-181) became effective in January 2008, which amends Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430).

The new law allows for eligible applicants to now naturalize overseas, with no need for stateside travel for any part of the naturalization process.

Your husband is military right? Therefore my situation is different than yours.. My husband is civilian.

Here is a much better cover letter template. Click to view attachment
All my notes and information for your specific case are highlighted in yellow. Every case is different and you may require different documents, especially if you are in the military. I am not a legal expert and this information is only specific to our case. I hope it helps!

i do not want to be meanie
but
this quote "Very truly yours" is totally not professional u might want to change it...you are writing to immigration not to lover or grandma LOL
other than that i think that cover letter is really good

Well, that's what my lawyer put, so feel free to make yours a little less grandma-ish.

Keep us posted. Goodluck

Does anyone know how we should respond to question 7 on the naturalization form regarding our trips outside of the US? Since we are already stationed abroad, we could say that we "took a trip" abroad that "lasted" 175....since we plan to re-enter the states in mid-January for two month. Or I could leave it off, since it is a "trip" that has not yet been completed.

There is also a question regarding how many days we were outside of the states for the past five years. Since my wife was just allowed in for the first time in June, our answer to that question would be something along the lines of 1580 days! Is this a problem?

Thanks guys. I am hoping to send in all the forms in the next week or so and ask for an interview while we are in the states in February for the delivery of our first child.

T and M

Thomas, I have sent you a message.. Check out how did i compute the days being outside the US. I am sure your wife's travel did not last for 1580 days, as she just received her greencard last year.. (correct me if I am wrong).. And too, this is your wifes travel information, she is the one filing the Petition, so do not include the count of your travel dates and places in the form..


And too. for your info..they did not ask this trips in the interview nor the purpose of each travel.

New forms for expedite request.

http://italy.usembassy.gov/dhs/uscis/forms...diteRequest.pdf

How do you get these things so quickly?! This form is a bit weird, so I think I will stick with a cover letter. Also, how do you pay!!! I was thinking some sort of credit card form was available like when we applied for PR via DCF. But now it looks like we need a money order. I don't have any checks with me in the US....maybe I'll mail this to my parents and they can slip a check in their and forward the whole package on to TSC from there. Ideas?

I work 12 hours a day in front of the computer, when things are okay, I surf the net and read stuff

Actually this form is from US Embassy in Italy, below is the link but I highlighted the article where I saw this document.

http://italy.usembassy.gov/dhs/uscis/services/N-400.asp

EXPEDITED NATURALIZATION 319(

An applicant for expedited naturalization under Section 319( must be the spouse of a US citizen who is regularly stationed abroad in the employment of:

The government of the US (includes military).
An American institution of research recognized as such by the Attorney General.
An American firm or corporation engaged in whole or in part in the development of foreign trade or commerce, or a subsidiary thereof.
A public international organization in which the US participates.
Minister or priest of a religious denomination having a bona fide organization in the US.
Missionary.
Persons eligible for expeditious naturalization must file their applications in the US from their overseas location.
For more information, please refer to the USCIS handbook, " A Guide to Naturalization".
Please use the attached N-400 Expedite Request and Authorization Worksheet and also the Department of Defense Certificate of Overseas Assignment to Support Application to file Petition for Naturalization

N-400 Expedite Request and Authorization Worksheet



Yes, you are right I would stick in the cover letter.. But this form if you look below you will see the date they created this form. I dont have any idea, I am just passing this to everyone just in case someone did encounter this form.

I insert a check payable to Homeland Security.. as indicated in the instruction in the form..

Here is the instruction in the N400 form

You may submit one check or money order for both the application and biometric fees, for a total of $675.00.
The filing fee for a Form N-400 is $595.00.
Use the following guidelines when you prepare your check or money order for the Form N-400 and the biometric service fee:
1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

2. Make the check or money order payable to U.S. Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the Virgin Islands.

NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."

A. If you live in Guam and are filing your petition there, make it payable to Treasurer, Guam.

Interesting. The embassy in Italy had a form like this earlier in the year when I was researching, but it had military information on it. I didn't send this in with my wife's application so we'll see if we get an RFE.

HI, I JUST FOUND OUT ABOUT THE EXPEDITED NAT. 319b, AND I HAVE A QUESTION I HOPE YOU CAN HELP ME WITH. I JUST GOT MY GREEN CARD 6 MOTHS AGO, MY HUSBAND IS MILITARY AND WE'RE MOVING OVERSEAS (JAPAN), WE WILL BE THERE FOR 3 YEARS. SO, I WANT TO APPLY FOR THAT BUT I DON'T HAVE TIME TO START THE PROCESS HERE ON THE UNITED STATES BECAUSE WE ARE LEAVING IN LESS THAN A WEEK. I CALLED THE USCIS AND THEY TOLD ME I DIDN'T QUALIFY, IT JUST SOUND LIKE THEIR AGENTS DON'T KNOW A LOT ABOUT IT, I HAVE BEEN RESEARCHING HERE ON THE WEB AND I THINK I DO QUALIFY, MY QUESTION IS, CAN I START THE PROCESS FORM JAPAN, AND DO YOU HAVE AN IDEA WHERE DO I NEED TO SEND THE N400? I READ THAT YOU DID EVERYTHING YOURSELF I MEAN WITHOUT A LAWYER, I DOESN'T SOUND VERY COMPLICATED I THINK I CAN DO IT MYSELF TOO... WELL, I WILL APPRECIATE YOUR HELP. THANKS

I think you definitely apply. I own a US company and do business overseas, so I am applying as well...for my wife....our case is a little less clean cut than the military cases.

Anyway, this thread has tons of information regarding military spouses and how to apply under 319b. You should probably apply to have your interview at the Fairfax office, although you might be able to have it in Guam or Hawaii if that's easier from Japan. Either way, you will have to return to US soil for your interview.

Good luck! I'm putting ours in the mail today!!!

Goodluck to you and your wife! Keep us posted.