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Posted

Dear All:

I am a US citizen working for a US private research company as contractor. I was working with same company since Feb 2001 as an Employee in Seattle, Washington and since 2008 as a contractor(IRS classification 1099-MISC) in Bangladesh. My job is to supervise their research project & promote business in Bangladesh. My wife got her green card last month & now she is with em in Bangladesh

My question is:

>> Can I qualify to apply for Citizenship under INA Section 319b?

>> If I qualify, what kind of documents I should collect from my employer to provide with the application packet.

>> Do my wife has to submit my tax return copy with the application? Because my wife never submitted her tax return yet.

Thank you in advance for your help.

Regards

Kabir

Filed: Citizen (apr) Country: Bulgaria
Timeline
Posted

Dear All:

I am a US citizen working for a US private research company as contractor. I was working with same company since Feb 2001 as an Employee in Seattle, Washington and since 2008 as a contractor(IRS classification 1099-MISC) in Bangladesh. My job is to supervise their research project & promote business in Bangladesh. My wife got her green card last month & now she is with em in Bangladesh

My question is:

>> Can I qualify to apply for Citizenship under INA Section 319b?

>> If I qualify, what kind of documents I should collect from my employer to provide with the application packet.

>> Do my wife has to submit my tax return copy with the application? Because my wife never submitted her tax return yet.

Thank you in advance for your help.

Regards

Kabir

------------------------------------------

Hi Kabir,

I am in the middle of 319b of INA. My husband is a contractor working for the army in Germany and we enclosed in the package the following:

•Copy of USCIS - INA § 319 (b) Expedited Naturalization

•Copy of USCIS - INA § 319 (b) Expedited Naturalization FAQ

•Application Fee - USD $595.00 if you apply from abroad!

•Two (2) completed FD/258 Fingerprint Cards completed in the nearest us embassy or military base.

•Form N-400 - Application of US Naturalization, completed and signed

•Two (2) Biometric Passport Style photos

•Photocopy of US spouse’s Passport

•Photocopy of applicant’s Passport

•Photocopy of applicant's Permanent Residency Card (front & back)

•Photocopy of US spouse's Birth Certificate

•Copy of applicant's original Birth Certificate and official English translation

•Photocopy of Marriage Certificate

•Photocopies of US spouse's Previous Marriage and Divorce Certificates( if you have)

•Evidence of continued marriage, including photocopies of 2010 jointly filed Federal tax return, joint bank account statement, and rental contract for current residence in Germany.

•Affidavit of Applicant stating good faith intention to reside in the continental US upon termination of spouse' s employment abroad - notarized copy.

•Affidavit of Employment from spouse's employer, notarized photocopy

•US spouse's Employment Offer Letter from spouse's employer - notarized copy

•Foreign Service Agreement (FSA) Letter from US spouse's employer - notarized photocopy.

•Letter of Authorization (LOA) for travel to and employment in Germany from US spouse's employer - notarized photocopy

•Photocopy of US spouse's Contractor Access (CAC) Card - front and back

If your wife never submitted tax return with you is not a problem. Just put a copy from you tax return for the last 1-3 years in a case they need.

About if you qualify read this:

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

A member of the U.S. Armed Forces;

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

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.

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.

The letter from your employer must include the following info:

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.

If you have any other questions write me any time.

Good luck!

USCIS_319b_FAQ1.pdf

Interpretation 319.2 - Citizenship by Spouse Abroad.pdf

__Sec._319.2.pdf

__Sec._319.11.pdf

Posted

------------------------------------------

Hi Kabir,

I am in the middle of 319b of INA. My husband is a contractor working for the army in Germany and we enclosed in the package the following:

•Copy of USCIS - INA § 319 (b) Expedited Naturalization

•Copy of USCIS - INA § 319 (b) Expedited Naturalization FAQ

•Application Fee - USD $595.00 if you apply from abroad!

•Two (2) completed FD/258 Fingerprint Cards completed in the nearest us embassy or military base.

•Form N-400 - Application of US Naturalization, completed and signed

•Two (2) Biometric Passport Style photos

•Photocopy of US spouse’s Passport

•Photocopy of applicant’s Passport

•Photocopy of applicant's Permanent Residency Card (front & back)

•Photocopy of US spouse's Birth Certificate

•Copy of applicant's original Birth Certificate and official English translation

•Photocopy of Marriage Certificate

•Photocopies of US spouse's Previous Marriage and Divorce Certificates( if you have)

•Evidence of continued marriage, including photocopies of 2010 jointly filed Federal tax return, joint bank account statement, and rental contract for current residence in Germany.

•Affidavit of Applicant stating good faith intention to reside in the continental US upon termination of spouse' s employment abroad - notarized copy.

•Affidavit of Employment from spouse's employer, notarized photocopy

•US spouse's Employment Offer Letter from spouse's employer - notarized copy

•Foreign Service Agreement (FSA) Letter from US spouse's employer - notarized photocopy.

•Letter of Authorization (LOA) for travel to and employment in Germany from US spouse's employer - notarized photocopy

•Photocopy of US spouse's Contractor Access (CAC) Card - front and back

If your wife never submitted tax return with you is not a problem. Just put a copy from you tax return for the last 1-3 years in a case they need.

About if you qualify read this:

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

A member of the U.S. Armed Forces;

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

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.

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.

The letter from your employer must include the following info:

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.

If you have any other questions write me any time.

Good luck!

Dear Ivana & Scott:

Thank you so much for the detail instruction for INA 319b application process.

I will this as a guide to submit my wife application. I will get back to you If I have any further question during the application.

Best Regards

KabirEmail me

  • 4 months later...
  • 2 years later...
Filed: Citizen (pnd) Country: Egypt
Timeline
Posted

HI,

I have a question about expedited naturalization under 319 b. I applied twice to Phoenix office. Applications were returned to me twice, the first was because incorrect filing fees and the second because they've updated N-400 application and no longer recognize old forms.

I am getting all documents back together to refile. My wife has been working at American inistitue of research regognized by attorney general since feb 2013. Her contract is renewed on yearly bases. That is to say, contract expires in June 2014 with possiblity of expansion.

Will I be eligeible for 319b?

Where to file; Vermont or FAirfax?

Thanks

 
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