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Armywife

When can I file for expedited naturalization if my husband has orders to go overseas for 3 years?

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My husband has orders to be stationed in Germany for 3 years. I have been an LPR for almost 2 years and my removal of conditions application is pending. Isn't that going to be a problem when I apply for expedited naturalization? Can they use my biometrics info for my new application?

My main question is: when can I apply for expedited naturalization? Do they have a requirement like you can only file 90 days before departure or something? Or when you have the orders, you can apply anytime? I couldn't find anything about this. I want to apply before we leave the States because I am not eligible for naturalization overseas now because that kind of application does not waive the residency and time period requirements.

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From a quick search:

EXPEDITED NATURALIZATION 319(b)

An applicant for expedited naturalization under Section 319(b) 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

Source
The law that allows you to do so.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Thank you for the answer but this does not answer any of my questions and I have read this general information before. What I need to know is when I become eligible to apply. When my husband gets his orders/90 days before we leave or something else. The USCIS info line could not answer this question.

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Thank you for the answer but this does not answer any of my questions and I have read this general information before. What I need to know is when I become eligible to apply. When my husband gets his orders/90 days before we leave or something else. The USCIS info line could not answer this question.

When you have orders that you can submit with your application.


ROC 2009
Naturalization 2010

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Filed: Timeline

ArmyWife,

If it's a command sponsored(and it sounds like it) then you can file for Naturalization under section 319 (b) of the INA. It's your choice to either file before leaving or after going to your husband's new duty station, if it was only 1 year tour, then you have to file before leaving the states.

You need to write 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 and that you have an I-751 case pending, so that your I-751 may be considered and adjudicated at the time of your naturalization interview.

Documents you will need to submit with your N-400 Package:

• Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel ( I guess that's the answer of your Q. of when you can apply), 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.

• 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) if Applicable

• 2 Identical passport photos taken no later than 6 month of your application

And not to forget the big fat check or money order with current application fee :)

About the Biometric part I am not sure how it goes.

Hope that was an answer to your questions.

Best of Luck

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Filed: Timeline

ArmyWife,

If it's a command sponsored(and it sounds like it) then you can file for Naturalization under section 319 (b) of the INA. It's your choice to either file before leaving or after going to your husband's new duty station, if it was only 1 year tour, then you have to file before leaving the states.

You need to write 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 and that you have an I-751 case pending, so that your I-751 may be considered and adjudicated at the time of your naturalization interview.

Documents you will need to submit with your N-400 Package:

• Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel ( I guess that's the answer of your Q. of when you can apply), 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.

• 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) if Applicable

• 2 Identical passport photos taken no later than 6 month of your application

And not to forget the big fat check or money order with current application fee :)

About the Biometric part I am not sure how it goes.

Hope that was an answer to your questions.

Best of Luck

And a proof that you will join your husband in his new duty station within 45 days of your naturalization.

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