N-400 319b application rejected 4 times, need help

[Tammerx 0]

We need insight from those of you who have done the expedited N-400 form based on the 319b immigration law.

I am married to an Albanian citizen and we live in Albania b/c I work for a non-denominational missionary organization.

Because we are applying from 'overseas', we even had my husband's fingerprints taken in Vienna, Austria, the office responsible for the Balkans and included those with our application.

We have sent our application to the Vermont Service center, based on the USCIS rules for immigration according to Law 319b. USCIS_rules_for_Immigration_Law_319b.pdf

We applied there-- the first three times because we preferred to have the interview in Fairfax, Va since you can do the oath ceremony in the same day.

But our permanent address in the U.S. is in Illinois.

So we sent our application in-- and all three times (and just now a fourth) it was returned to us with a rejection letter saying that one or more of the following fields was not completed:

Legal Name

Date of Birth

Country of Birth

Date you became a legal residence

Home address

We have checked those fields and have made sure that they were filled out completely each time, even adding extra "N/A's" to those fields not applicable. There's no other explanation and this has left us completely baffled and confused. Finally, after the third rejection notice (sent to my mom in the U.S)-- we read the bottom of the notice that said to have the application sent to the Texas Service Center.

So we thought that that must have been our mistake-- and we sent it in last week to TSC (received May 18, 2009) and my mom notified us today that our application was returned with the same rejection notice mailed on May 20, 2009.

One thought we had-- on the home address-- we have our home address here in Albania, since we are applying from overseas (and our mailing address is our U.S. address in Illinois), but maybe they see that and automatically reject our application?? When my husband had his fingerprints done in Austria, he put down Albania as his home address and they told him to write in the U.S. address, not Albania.

Any ideas anyone?? Does the home address have to be in the U.S.,even though our current residence is in Albania due to my employment??

Can we apply to any service center or do we have to apply to the California service center responsible for Illinois? (Though our rejection notice specifically said the Texas Service Center-- perhaps because we requested the interview in Fairfax).

Also, another question-- does the spouse have to be present when the applicant has his interview?

We appreciate whatever insight you might provide. Thanks for your help!

[NickD 202]

All I can offer is after I asked my intended to wife to marry me and she without hesitation said yes, knew that immigration forms had to be filled out. Called the USCIS and was told what forms to download. Even as a college graduate with plenty of experience with legal forms, I could easily answer 99% of the questions, but those 1% really bothered me, especially in the instructions of those forms, any errors, misrepresentations, omissions, etc., can lead to rejection of your forms, will be rejected, and you will lose your filing fee. I searched the internet and found the best immigration attorney I could find, found and hired a guy that wrote books on this subject.

We developed a friendship during out AOS, when it came time for the I-751, was straight forward, he said I can handle that, but did check it over at no charge before we sent that in. The N-400 blew my brain with some of the very poor grammar, syntax, and the inability to give the USCIS the precise answers they were looking for, again he helped me with five of the many questions on that ten page form.

While the USCIS may have sent you a short notice like Legal Name, Date of Birth, Country of Birth, Date you became a legal residence,Home address, etc., this may have absolutely nothing to do with why they rejected your form, the thing is, they don't tell you precisely why. These are very basis easy to answer questions.

You would think for what they charge for their fees, you could walk in and have an expert at the USCIS ask you questions, give you explanations, and properly fill out those forms. But they don't do that, more like a guessing game on your part. And four rejections has to set a new record.

Suggest you find a good immigration attorney, board members here can help you, but would practically have to be done line by line.

[Krikit 1,163]

Just grasping at straws, here, but was the US syntax of date used? I can never get it right because it's different than Canada and Europe. Is it month/day/year here?

[warlord 72]

Well one thing very well could be that you are living outside the US so they might require a N-470 to preserve your residency. Not sure how the whole missionary thing works, but to maintain residency you either must be living and residing in the US or having (I believe the N-470 intact before going overseas).

So that's one thing to look at. You must also be residing in your current district (Illinois) for I think 3-6 months before the N-400. They are most likely seeing you are not living there and are automatically rejected.

You might want to just hold off until you get back to the US, maintain the ties and go from there. This is what I'm seeing could be the major cause...

[NickD 202]

Just grasping at straws, here, but was the US syntax of date used? I can never get it right because it's different than Canada and Europe. Is it month/day/year here?

Form does tell you how to list the dates, today is 05/27/2009, two digit month, two digit day, four digit year. Use to be just a two digit year like 09, but that really caused confusion at the turn of the last century.

[jeangab75 0]

Well one thing very well could be that you are living outside the US so they might require a N-470 to preserve your residency. Not sure how the whole missionary thing works, but to maintain residency you either must be living and residing in the US or having (I believe the N-470 intact before going overseas).

So that's one thing to look at. You must also be residing in your current district (Illinois) for I think 3-6 months before the N-400. They are most likely seeing you are not living there and are automatically rejected.

You might want to just hold off until you get back to the US, maintain the ties and go from there. This is what I'm seeing could be the major cause...

I agree, the easiest might be for you to wait until your mission is completed and apply once you are back in the US.

Also, I am not sure you can apply since you are living outside the US. Are you on an official US gvt. assigment? If not, I would certainly consult with a lawyer to make sure that you are eligible.

This should not cost you too much money.

Do you have all your paperwork in order regarding the residency requirements? Are you 100% positive about this?

I agree the forms are easy to fill out if you are a standard case but it can get tricky if you are outside the norm.

If you believe that you should not have been rejected you could also contact a lawyer and file a complaint in Federal court and ask the judge to overturn the decision.

Good luck.

Edited May 27, 2009 by jeangab75

[Tammerx 0]

Well one thing very well could be that you are living outside the US so they might require a N-470 to preserve your residency. Not sure how the whole missionary thing works, but to maintain residency you either must be living and residing in the US or having (I believe the N-470 intact before going overseas).

So that's one thing to look at. You must also be residing in your current district (Illinois) for I think 3-6 months before the N-400. They are most likely seeing you are not living there and are automatically rejected.

You might want to just hold off until you get back to the US, maintain the ties and go from there. This is what I'm seeing could be the major cause...

I agree, the easiest might be for you to wait until your mission is completed and apply once you are back in the US.

Also, I am not sure you can apply since you are living outside the US. Are you on an official US gvt. assigment? If not, I would certainly consult with a lawyer to make sure that you are eligible.

This should not cost you too much money.

Do you have all your paperwork in order regarding the residency requirements? Are you 100% positive about this?

I agree the forms are easy to fill out if you are a standard case but it can get tricky if you are outside the norm.

If you believe that you should not have been rejected you could also contact a lawyer and file a complaint in Federal court and ask the judge to overturn the decision.

Good luck.

________________________________________________________________________________

_________

Thanks you all for the insights-- I've checked the dates on our application and they are fine-- I'm looking into the N-470 as well. We did have a legitimate travel permit (which just expired in April 09) because we knew that we would be outside the U.S. for longer than a year, due to my assignment.

Here's an update-- I am positive that we can apply for an expedited 319b due to my being assigned as a missionary from a bona fide U.S. interdenominational organization. I've had other friends do it that way, and the 319b law includes this provision.

I spoke with a Customer service representative to ask them 'why' our application keeps getting sent back to us-- (she was a "higher representative", ie. not the first person we spoke to but a supervisor)-- and even she was unclear about 319b, but after she consulted with others in her office, she thinks that the "Home Address" Fields were the problem, because the computer system will only accept a U.S. address or an A.P.O. address (which we don't have). It's ironic, because even our rejection form implies that someone from overseas can apply by saying:

"All applicants whose place of residence is outside the United States must submit a completed Form FD-258 fingerprint card... etc." This implies that a person can apply from overseas-- yet according to the Customer Service Rep yesterday, the computer system is rejecting our 'overseas home address' and that is why our application is being sent back to us.

So we'll give it another try-- I typed our U.S. mailing address in those home address fields and gave an explanation on the cover letter about our overseas residence. We also have the Form FD-258 fingerprint card which we had done at the DHS office in Vienna, Austria. USCIS_rules_for_Immigration_Law_319b.pdf

Thanks.

[Completely 3]

I wish I could help, but our case is different.

Did they mentioned why the application got rejected?

[Kathryn41 3,205]

Good luck. Let' hope it is accepted this time.

[Tammerx 0]

I wish I could help, but our case is different.

Did they mentioned why the application got rejected?

They think it's because the computer doesn't accept a Foreign address in the "Home Address Fields". So we had to use a U.S. address this time and explain in our cover letter that we live overseas.

[internetkafe 0]

The foreign spouse and the American citizen spouse have to live together and reside in the US at least for 3 years since becoming a permanent resident to be able to file for naturalization. That is my understanding. Living overseas disqualifies your application.

[Completely 3]

The foreign spouse and the American citizen spouse have to live together and reside in the US at least for 3 years since becoming a permanent resident to be able to file for naturalization. That is my understanding. Living overseas disqualifies your application.

wrong. I never lived in the US and I did become a USC under Article 319b of Immigration nationality Act. This act waives all the physical presence required in naturalization application..

Maybe if my guess is right they rejected your application as you have used your address overseas.

When I filed my application, I put the US address, even we are living overseas. Your case is different somehow, but missionary thing falls also under 319b.

My question, did you include all the information regarding this missionary thing you are involved?, did you ask for any letter that prove that this is a US organization? Any article of incorporation that prove this organization?

When you send your application this time, include cover letter that explains your job, the FP cards and use your US address in the N400 Application. A letter from your ministry that verifying that you or your husband is working for a missionary and state how long he will be there.

Edited June 9, 2009 by Completely

[internetkafe 0]

Yeah, it is winter-time in Argentina too!

Does the Department offer help to spouses who wish to naturalize?

A: Yes. The Family Liaison Office assists Department of State family members eligible for expeditious naturalization under Section 319(B) of the Immigration and Nationality Act (INA), which exempts certain spouses of U.S. Government employees from the otherwise-applicable residence and physical presence requirements of naturalization. (Naturalization under Section 319(B) does not exempt applicants from other requirements of naturalization, such as good moral character, knowledge of United States history and government, and English language skills.) For a Department employee's spouse to qualify under Section 319(B), the employee must be a U.S. citizen "regularly stationed abroad" as part of his or her employment. Additionally, the applicant must be in the United States at the time of naturalization and make a good faith declaration of intent to take up residence within the United States immediately upon the termination of employment abroad by the U.S. citizen spouse.'

Religious/Missionary work does not count as government service. I think you must have the ability to understand what you read. If not, this is a free service for you. Youa re welcome.

Why are you here anyway?

The foreign spouse and the American citizen spouse have to live together and reside in the US at least for 3 years since becoming a permanent resident to be able to file for naturalization. That is my understanding. Living overseas disqualifies your application.

wrong. I never lived in the US and I did become a USC under Article 319b of Immigration nationality Act. This act waives all the physical presence required in naturalization application..

Maybe if my guess is right they rejected your application as you have used your address overseas.

When I filed my application, I put the US address, even we are living overseas. Your case is different somehow, but missionary thing falls also under 319b.

My question, did you include all the information regarding this missionary thing you are involved?, did you ask for any letter that prove that this is a US organization? Any article of incorporation that prove this organization?

When you send your application this time, include cover letter that explains your job, the FP cards and use your US address in the N400 Application. A letter from your ministry that verifying that you or your husband is working for a missionary and state how long he will be there.

[Completely 3]

Yeah, it is winter-time in Argentina too!

Does the Department offer help to spouses who wish to naturalize?

A: Yes. The Family Liaison Office assists Department of State family members eligible for expeditious naturalization under Section 319(B) of the Immigration and Nationality Act (INA), which exempts certain spouses of U.S. Government employees from the otherwise-applicable residence and physical presence requirements of naturalization. (Naturalization under Section 319(B) does not exempt applicants from other requirements of naturalization, such as good moral character, knowledge of United States history and government, and English language skills.) For a Department employee's spouse to qualify under Section 319(B), the employee must be a U.S. citizen "regularly stationed abroad" as part of his or her employment. Additionally, the applicant must be in the United States at the time of naturalization and make a good faith declaration of intent to take up residence within the United States immediately upon the termination of employment abroad by the U.S. citizen spouse.'

Religious/Missionary work does not count as government service. I think you must have the ability to understand what you read. If not, this is a free service for you. Youa re welcome.

Why are you here anyway?

The foreign spouse and the American citizen spouse have to live together and reside in the US at least for 3 years since becoming a permanent resident to be able to file for naturalization. That is my understanding. Living overseas disqualifies your application.

wrong. I never lived in the US and I did become a USC under Article 319b of Immigration nationality Act. This act waives all the physical presence required in naturalization application..

Maybe if my guess is right they rejected your application as you have used your address overseas.

When I filed my application, I put the US address, even we are living overseas. Your case is different somehow, but missionary thing falls also under 319b.

My question, did you include all the information regarding this missionary thing you are involved?, did you ask for any letter that prove that this is a US organization? Any article of incorporation that prove this organization?

When you send your application this time, include cover letter that explains your job, the FP cards and use your US address in the N400 Application. A letter from your ministry that verifying that you or your husband is working for a missionary and state how long he will be there.

I guess it is none of your businesss to ask me why I am here..

Per article 319b...

• 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;

Page 2

FAQ – 319(B) of the INA

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.•

I guess this explains a lot...

[internetkafe 0]

Oh, I forgot the fact that the US turned into a theocracy. Sorry.