N400 319b implies application based on marriage?

[bozi 0]

My husband has been a citizen for only 1 year. He's assigned to work outside of US for a US company. I applied N400 based on employment but ran into continued residency problem since I lived with husband abroad for 5 months at a time during the last 2 years. I'm wondering if I qualify for 319b exception on continued residence. does 319b application imply that it's based on marriage which requires my husband being a citizen for 3 years?

[Wonderer 0]

Section 319b of the INA allows for an alien whose US citizen spouse is regularly stationed abroad to qualify for naturalisation without residing in the USA for 3 years. Generally, it is available to individuals that are married to someone stationed abroad either with a US company, or an international organisation, (can be religious) that has a presence in the United States. The condition "regularly stationed" abroad is indicated to mean that the US citizen spouse will be abroad for at least a year from the time of alien's interview. Another requirement is that ultimately the alien and US citizen intend to reside in the USA after the overseas assignment is complete.

Here's an explanation of the eligibility;

http://www.ilw.com/articles/2006,0525-mehta.shtm

[Wonderer 0]

Your husband does not have to be a US citizen for 3 years. The only requirement is that he be a US citizen.

[wannabe_texan 0]

I thought spouse had to be citizen for the three years....?

From: http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

*

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

o

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

o

the applicant meets all other naturalization requirements.