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319b--where/what to file?

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Filed: Other Timeline

hi, i hope to file under 319b from asia THIS WEEK, where my husband is a contractor for USAID.

a few questions:

1. what do i need to include in my application (by law)?

2. where do i send my application? a service center? i have heard that honolulu and arlington are the most accustomed to dealing with these apps. would that mean i file with either the california service center (for a honolulu interview) or vermont service center (for an arlington, va interview)?

3. we're right up against the 1.5 year guideline that's given so i'd like to file with an office that's the most efficient and understanding in dealing with these--any thoughts on this? honululu vs. arlington?

4. how much advance notice do you get before the interview? what do you need to bring to the interview?

THANKS!!!

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Filed: Citizen (pnd) Country: Nepal
Timeline

There is some forums here in VJ that you can read pertaining to Article 319b of Immigration of Nationality Act (INA)

Here is one of the forum..

http://www.visajourney.com/forums/index.ph...t=0&start=0

___________________________________

Spouse of a U.S. Citizen Regularly Stationed Abroad and Residing Abroad at the Time of Filing

What is expeditious naturalization?

Expeditious naturalization is available to individuals who are seeking to naturalize as the spouse of a U.S. citizen who is regularly stationed abroad. The eligibility requirements for this category of naturalization applicants are outlined in section 319(B) of the Immigration and Nationality Act (INA) and section 319.2, Title 8, Code of Federal Regulations.

Although U.S. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed.

Where can I obtain forms and information about Naturalization Requirements?

You may obtain the N-400 application form and a copy of A Guide to Naturalization from our website at www.uscis.gov.

What requirements must I meet for naturalization under section 319(B) of the INA?

• You must be a lawful permanent resident at the time of your interview.

• You must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).

• You must be married to a U.S. citizen and living together in a valid marital union.

• Your U.S. citizen spouse must be “regularly stationed abroad” as:

o A member of the U.S. Armed Forces;

o An employee or an individual under contract to the U.S. government;

o An employee of an American institution of research recognized as such by the Attorney General;

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

o An employee of a public international organization of which the United States is a member by law or treaty; or

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

• You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization.

What does the term “regularly stationed abroad” mean regarding my spouse’s employment?

The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse’s employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization.

Where can the interview and naturalization take place?

As an applicant for naturalization under section 319(B), you may be interviewed at any USCIS office of your choice in the United States, including Guam, Puerto Rico, and the U.S. Virgin Islands. If you choose to be interviewed at our office, you will be naturalized the same day as your interview, in most cases. Please note that, if you want to change your name, you cannot be naturalized by our office. You will be required to attend your oath ceremony at a Federal Court. Court ceremonies are held only one day each month and, depending upon when in the month you are interviewed, it may take at least two months to be scheduled for a ceremony.

As stated previously, although U.S. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed.

May I file my naturalization application if I am a conditional resident? What should I do?

If you are a conditional resident, you may file for naturalization. If you are within the 90 days of the two-year anniversary (the expiration date on your green card) or if your naturalization application will not be processed prior to your two-year anniversary, you must filed a Form I-751, Petition to Remove Conditions on Residence, according to the instructions on the form. If you have already filed your I-751 Petition, please notify our office so that the Form I-751 may be considered and adjudicated at the time of your naturalization interview.

What documents should I submit with the Form N-400, Application for Naturalization?

• A cover letter directed to USCIS advising that you are applying for naturalization under section 319(B) of the INA. You must state on your cover letter where you wish to be interviewed.

• Application fee. Please visit our website at www.uscis.gov for a listing of the current fee.

• Fingerprint fee OR two(s) sets of FD-258 fingerprint cards.

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

o If you are living in the United States at the time of filing your application, you must submit a fingerprinting fee so that you can be printed at an Application Support Center. Please visit our website at www.uscis.gov for a listing of the current fee.

• Documentation to establish that your U.S. citizen spouse’s employer is a qualifying employer and the length of your spouse’s overseas assignment.

U.S. MILITARY

• Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel, if you are authorized concurrent travel. If you cannot submit this form, the letter from your spouse’s Commanding Officer that is described below must also include permission for you to reside abroad with your spouse after naturalization.

• A letter from your spouse’s Commanding Officer on official letterhead certifying that he or she is your spouse’s Commanding Officer and the official date of rotation (DEROS) of your spouse from the overseas assignment.

U.S. GOVERNMENT AGENCY (NON-MILITARY)

• A letter on official agency/department letterhead that states the facts of your spouse’s employment, the basis of your spouse’s hire (contract, permanent employee, etc.), and the length of your spouse’s overseas employment.

ALL OTHER EMPLOYERS (an American institution of research recognized as such by the Attorney General, an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States, a public international organization of which the United States is a member by law or treaty, or a religious denomination or an interdenominational organization with a valid presence in the United States).

• A letter on official letterhead which states:

o The title of the official attesting to the facts in the letter;

o The name of the institution, firm or corporation and whether the official has access to the company’s records;

o The nature of the business that the employer conducts;

o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.;

o The ownership structure of the enterprise; and

o The facts of your spouse’s employment, the basis of your spouse’s hire (contract, permanent employee, etc.), and the length of your spouse’s overseas employment.

• A copy of your I-551 permanent resident card (green card)

• Proof of your spouse’s U.S. citizenship (copy)

• Your birth certificate (copy)

• Your marriage certificate (copy)

• Proof of termination of all prior marriages for you and your spouse (copies)

Where do I file my N-400 application and supporting documents?

You may file your application with the CIS Regional Service Center for your geographical location.

If your interview site will be Fairfax, Virginia, you may file your application directly with the Vermont Service or to our office for forwarding to the Vermont Service Center. If you file your application with our office, you must mark clearly on the envelope “319(B) Case – EYES ONLY.” To avoid delays, you should file directly with the Vermont Service Center. The filing addresses follow:

Vermont Service Center USCIS/ District Office #7

75 Lower Welden Street OR 2675 Prosperity Avenue

St. Albans, VT 05479 Fairfax, VA 22031

Attn: Expedite Naturalization – 319(B) Attn: 319(B) Case – EYES ONLY

How may I follow-up on my application after filing it with either the Service Center or your office?

Please do not make any inquiries into the status of your application until you receive your receipt notice.

This instruction applies only if your interview site will be Fairfax, Virginia: If more than two months have passed since filing your application and you have not received a receipt notice, or to check on the status of your application 60 days after receiving your receipt notice, you may write to us at WASN400.OVERSEAS@DHS.GOV. Please note that this email address is only for those individuals who want to be interviewed at our office. All other inquiries should be directed to the Customer Service line at 1-800- 375-5283.

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Filed: Citizen (pnd) Country: Nepal
Timeline

1. what do i need to include in my application (by law)?

Answer on this question is above.

2. where do i send my application? a service center? i have heard that honolulu and arlington are the most accustomed to dealing with these apps. would that mean i file with either the california service center (for a honolulu interview) or vermont service center (for an arlington, va interview)?

answer:

you need to send the application where the jurisdiction of your place. Please see the USCIS for the list of SERVICE CENTERS..

3. we're right up against the 1.5 year guideline that's given so i'd like to file with an office that's the most efficient and understanding in dealing with these--any thoughts on this? honululu vs. arlington?

Answer:

What kind of greencard do you have? Is it conditional or permanent? If it is conditional and your card will expire in 5 months, you will still need to file the Petition to Remove Condition if you have not receive NOA for your application for naturalization.. You need to file a removal within 90 days of expiry. You can not assume that because someone did get speedy process of filing the application for naturalization it will be the same for you.. It will be better not to expect it and just wait for the NOA to come out.

4. how much advance notice do you get before the interview? what do you need to bring to the interview?

Service Center has different processing times, so it varies.. Not sure, mine took 1 month when I receive NOA1, then another month for NOA2, (interview) luckily, the Center I went to is doing the oath at the same day,

Check forum that has N400 timeline..

Goodluck

Edited by Completely
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Filed: Other Timeline

thanks for your help...to answer your question, i am a permanent resident. my husband in a year to year contract that expires april 2010. they say you need to have one year left in your contract at the time of interview to qualify for this...that means my interview would have to take place by april 1, 2009.

so, i wonder if there's a chance we still get through the process before april 2009.

(and why i wonder who's fastest, since i am applying from overseas.)

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Filed: Citizen (pnd) Country: Nepal
Timeline
thanks for your help...to answer your question, i am a permanent resident. my husband in a year to year contract that expires april 2010. they say you need to have one year left in your contract at the time of interview to qualify for this...that means my interview would have to take place by april 1, 2009.

so, i wonder if there's a chance we still get through the process before april 2009.

(and why i wonder who's fastest, since i am applying from overseas.)

Even if your husband has 5 months remaining on the contract, as long as your husband will get a recontract that will not be a problem.. If you file the paperwork in November, you might get an interview aroung february or march (it varies to service center) and probably you will be done in April 2009.

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Filed: Citizen (pnd) Country: Nepal
Timeline

I never heard of that,, It varies to different service center.. Texas Service Centers is slow for other people, but for me it worked fast!!! So, do not relay with that.

Why will spend extra money to stay in one place for the sake of interview? File it where the jurisdiction of your place..

If you live in AZ, CA, HI, NV, Territory of Guam, or the Commonwealth of the Northern Mariana Islands, send your N-400 application to:

California Service Center

PO Box 10400

Laguna Niguel, CA 92607-1040

If you live in AK, CO, ID, IL, IN, IA, KS, MI, MO, MN, MT, NE, ND, OH, OR, SD, UT, WA, WI or WY, send your N-400 application to:

Nebraska Service Center

PO Box 87400

Lincoln, NE 68501-7400

If you live in AL, AR, FL, GA, KY, LA, MS, NM, NC, OK, SC, TN or TX, send your N-400 application to:

Texas Service Center

PO Box 851204

Mesquite, TX 75185-1204

If you live in CT, DE, District of Columbia, ME, MD, MA, NH, NJ, NY, PA, RI, VT, VA, WV, Commonwealth of Puerto Rico, or the U.S. Virgin Islands, send your N-400 application to:

Vermont Service Center

75 Lower Welden St

St. Albans, VT 05479-9400

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

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I never heard of that,, It varies to different service center.. Texas Service Centers is slow for other people, but for me it worked fast!!! So, do not relay with that.

Why will spend extra money to stay in one place for the sake of interview? File it where the jurisdiction of your place..

If you live in AZ, CA, HI, NV, Territory of Guam, or the Commonwealth of the Northern Mariana Islands, send your N-400 application to:

California Service Center

PO Box 10400

Laguna Niguel, CA 92607-1040

If you live in AK, CO, ID, IL, IN, IA, KS, MI, MO, MN, MT, NE, ND, OH, OR, SD, UT, WA, WI or WY, send your N-400 application to:

Nebraska Service Center

PO Box 87400

Lincoln, NE 68501-7400

If you live in AL, AR, FL, GA, KY, LA, MS, NM, NC, OK, SC, TN or TX, send your N-400 application to:

Texas Service Center

PO Box 851204

Mesquite, TX 75185-1204

If you live in CT, DE, District of Columbia, ME, MD, MA, NH, NJ, NY, PA, RI, VT, VA, WV, Commonwealth of Puerto Rico, or the U.S. Virgin Islands, send your N-400 application to:

Vermont Service Center

75 Lower Welden St

St. Albans, VT 05479-9400

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Some people have had luck with Fairfax District Office (Vermont Service Center), because apparently they have a whole section that deals with 319b. A lot of military families have gone through there, especially since its location is convenient for those needing to pass through DC. We are applying to Atlanta District Office (Texas Service Center), b/c our permanent US address is there and my family is there. From the timelines I have seen they all take around 3-4 months from when you file. File quickly and you should be fine for April....but move quickly. Things like fingerprints can hold you up depending on where you are living....we had a hard time getting fingerprints in Bolivia....but eventually found a nice officer in the embassy.

DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

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  • 5 weeks later...
Filed: Other Timeline

Hi,

I just wanted to update everyone on the progress of my 319b application--seems like there are so many uncertainties out there about how it works! I'll post updates as they happen...

1. November 7, 2008: Filed the N-400 from Bangkok on November 7, sent by EMS to Vermont Service Center. I decided to be interviewed at the Fairfax, VA, office.

2. November 24, 2008: The check has been cashed!

This seems good, but I'm also not exactly sure what it means...So, what does it actually mean when they cash the check? Does that mean I qualify for 319b? Or just that I submitted everything correctly? (I was really worried about the fingerprints as others have mentioned.)

I've also uploaded a document, "319(B) Cover Sheet", that a lawyer recommended I include as the top sheet in my document. I hope the attachment works. If not, let me know...

319_b_CoverSheet.doc

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  • 4 weeks later...
Filed: Citizen (pnd) Country: France
Timeline
Hi,

I just wanted to update everyone on the progress of my 319b application--seems like there are so many uncertainties out there about how it works! I'll post updates as they happen...

1. November 7, 2008: Filed the N-400 from Bangkok on November 7, sent by EMS to Vermont Service Center. I decided to be interviewed at the Fairfax, VA, office.

2. November 24, 2008: The check has been cashed!

This seems good, but I'm also not exactly sure what it means...So, what does it actually mean when they cash the check? Does that mean I qualify for 319b? Or just that I submitted everything correctly? (I was really worried about the fingerprints as others have mentioned.)

I've also uploaded a document, "319(B) Cover Sheet", that a lawyer recommended I include as the top sheet in my document. I hope the attachment works. If not, let me know...

Hey! Thanks for leading this discussion. I'm in the military, currently based in England, and trying to apply under 319(B) for my French wife. I was hoping to use this cover sheet you attached, but I am surprised by how different it looks from the other cover letters I've seen posted here (not that there seems to be any exact formula). Am i interpreting yours correctly in that my wife ONLY fills in the bottom half of this letter, and the Vermont Service Center understands the top half of this? My wife and I are also hoping to do this through the Fairfax district office. Thanks!

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  • 2 weeks later...
Filed: Citizen (pnd) Country: Nepal
Timeline
Hi,

I just wanted to update everyone on the progress of my 319b application--seems like there are so many uncertainties out there about how it works! I'll post updates as they happen...

1. November 7, 2008: Filed the N-400 from Bangkok on November 7, sent by EMS to Vermont Service Center. I decided to be interviewed at the Fairfax, VA, office.

2. November 24, 2008: The check has been cashed!

This seems good, but I'm also not exactly sure what it means...So, what does it actually mean when they cash the check? Does that mean I qualify for 319b? Or just that I submitted everything correctly? (I was really worried about the fingerprints as others have mentioned.)

I've also uploaded a document, "319(B) Cover Sheet", that a lawyer recommended I include as the top sheet in my document. I hope the attachment works. If not, let me know...

Hey! Thanks for leading this discussion. I'm in the military, currently based in England, and trying to apply under 319(B) for my French wife. I was hoping to use this cover sheet you attached, but I am surprised by how different it looks from the other cover letters I've seen posted here (not that there seems to be any exact formula). Am i interpreting yours correctly in that my wife ONLY fills in the bottom half of this letter, and the Vermont Service Center understands the top half of this? My wife and I are also hoping to do this through the Fairfax district office. Thanks!

all information is in this forum.

http://www.visajourney.com/forums/index.ph...75&start=75

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