N-400 timing, traveling abroad

[sealedkiss 1]

Dear all,

My wife is ready to file her N-400. She has had her green card for 4 years, and is applying based on marriage to me (US citizen). In 2-3 months I will take up a job in Europe and intend to work there for a couple of years then move back to the US. We both want to be together as much as possible during this move and my new venture in Europe.

I have a number of concerns:

1. For the time being she can apply for a visa and travel with me to Europe using her non-US passport, live there a few months and come back for interview and oath. She will have completed biometrics before we travel. That is the ideal scenario because it allows us to be together. Any chance that may make her case more difficult?

2. What address to use? We are in NJ in a rental house. My parents are in TX. I heard the process is much quicker in TX. If we use TX as mailing address, would biometrics appointment, interview, and oath be held in TX? Or is that only the case if we use TX as our home address (are we allowed to?) If we use NJ as home address but then later terminate the lease, would that be a problem with USCIS? (receiving mail is not a problem - our landlord can still check and scan our mail for us).

Thank you for your advice. It is a very good opportunity in Europe, but we don't want to be apart for 3-6 months while waiting for N-400.

[w8inglongtime 29]

Dear all,

My wife is ready to file her N-400. She has had her green card for 4 years, and is applying based on marriage to me (US citizen). In 2-3 months I will take up a job in Europe and intend to work there for a couple of years then move back to the US. We both want to be together as much as possible during this move and my new venture in Europe.

I have a number of concerns:

1. For the time being she can apply for a visa and travel with me to Europe using her non-US passport, live there a few months and come back for interview and oath. She will have completed biometrics before we travel. That is the ideal scenario because it allows us to be together. Any chance that may make her case more difficult?

2. What address to use? We are in NJ in a rental house. My parents are in TX. I heard the process is much quicker in TX. If we use TX as mailing address, would biometrics appointment, interview, and oath be held in TX? Or is that only the case if we use TX as our home address (are we allowed to?) If we use NJ as home address but then later terminate the lease, would that be a problem with USCIS? (receiving mail is not a problem - our landlord can still check and scan our mail for us).

Thank you for your advice. It is a very good opportunity in Europe, but we don't want to be apart for 3-6 months while waiting for N-400.

Why did you guys wait this long to file. If it's based on marriage, you could have filed last year.

On the issue of address, you do not want to lie on your application. If you live in NJ, you do not want to tell USCIS you live in TX. That will be misrepresentation. When you sign the application, you attest that everything you've said is true so I will suggest you don't take that risky chance. If you don't start your new job until 2-3 months, then you still have time to get through the whole process. It usually takes about 4 months from start to finish if you have a straight forward case. (saying you live in TX when u infact live in NJ) won't be straight forward. Send the package in this week and you won't be apart for more than a month, saving yoursleves money with all that traveling back and forth to do USCIS stuff. Good luck.

Edited April 2, 2012 by w8inglongtime

[BethandBilly 86]

Dear all,

My wife is ready to file her N-400. She has had her green card for 4 years, and is applying based on marriage to me (US citizen). In 2-3 months I will take up a job in Europe and intend to work there for a couple of years then move back to the US. We both want to be together as much as possible during this move and my new venture in Europe.

I have a number of concerns:

1. For the time being she can apply for a visa and travel with me to Europe using her non-US passport, live there a few months and come back for interview and oath. She will have completed biometrics before we travel. That is the ideal scenario because it allows us to be together. Any chance that may make her case more difficult?

2. What address to use? We are in NJ in a rental house. My parents are in TX. I heard the process is much quicker in TX. If we use TX as mailing address, would biometrics appointment, interview, and oath be held in TX? Or is that only the case if we use TX as our home address (are we allowed to?) If we use NJ as home address but then later terminate the lease, would that be a problem with USCIS? (receiving mail is not a problem - our landlord can still check and scan our mail for us).

Thank you for your advice. It is a very good opportunity in Europe, but we don't want to be apart for 3-6 months while waiting for N-400.

Hi

First of all never lie to USCIS, not a good move.

Secondly have you thought about trying to expedite the process, if you are going to be living overseas for a few years, you could apply for expedited naturalization. Who are you going to be work for, what kind of company?

Here is some info

"INA 319(b) Expedited Naturalization If you are married to a US citizen working for certain organizations overseas, you may be able to naturalize without having resided at all in the United States. This is sometimes called "expedited" naturalization and is authorized under section 319(b) of the Immigration and Nationality Act.

The purpose of INA section 319(b) is to allow people to reside abroad with their USC spouses. Without the law, legal permanent residents might abandon their permanent residence by spending too much time out of the country, or their USC spouses might be deterred from working overseas in the US interest.

319(b) Requirements

To qualify:

1. You must be a legal permanent resident married to a US citizen.

2. Your spouse must work for one of the following organizations:

• the United States Government
• an American institution of research recognized by the Attorney General
• an American firm or corporation engaged in foreign trade or commerce, or a subsidiary thereof
• a public international organization, such as the United Nations or subsidiary body

or, must work as

• a minister or missionary of a religious denomination having a bona fide organization in the United States

3. Your spouse must be "regularly stationed" abroad. USCIS has interpreted that to mean that your spouse will be working abroad for at least a year from the time of your interview.

4. After your spouse's overseas employment ends, you must intend to take up residence in United States."

Edited April 2, 2012 by BethandBilly

[sealedkiss 1]

Thank you for your advice. Yes, having been through K1, AOS, I-751 we know better to be straightforward. Our fault for not applying last year. We had some travel plans and kept delaying it for fear we would get scheduled during our travel, plus I never expected to work abroad so we did not feel the rush. Should have known better I guess.

319b - it seems to help only if you haven't met 3-year residency requirement? Does it actually help speed up the process? Plus I am not sure what makes an organization qualified. It is a new company (no revenue yet) and has an office (with 1 person now) in the US. It does business globally for sure. And I will probably be working abroad for at least a year from the interview, but there is no guarantee (at will employment).

We'll be researching more, but definitely we'll send off our N-400 application. Regarding my question #1, can she travel to Europe on a visa first during N-400 process? I know she normally can for trips under 6 months, but given my job situation, does that somehow complicate the case?

Thanks so much.

[ManuFred 10]

Dear all,

My wife is ready to file her N-400. She has had her green card for 4 years, and is applying based on marriage to me (US citizen). In 2-3 months I will take up a job in Europe and intend to work there for a couple of years then move back to the US. We both want to be together as much as possible during this move and my new venture in Europe.

I have a number of concerns:

1. For the time being she can apply for a visa and travel with me to Europe using her non-US passport, live there a few months and come back for interview and oath. She will have completed biometrics before we travel. That is the ideal scenario because it allows us to be together. Any chance that may make her case more difficult?

2. What address to use? We are in NJ in a rental house. My parents are in TX. I heard the process is much quicker in TX. If we use TX as mailing address, would biometrics appointment, interview, and oath be held in TX? Or is that only the case if we use TX as our home address (are we allowed to?) If we use NJ as home address but then later terminate the lease, would that be a problem with USCIS? (receiving mail is not a problem - our landlord can still check and scan our mail for us).

Thank you for your advice. It is a very good opportunity in Europe, but we don't want to be apart for 3-6 months while waiting for N-400.

1) I recommend applying ASAP hoping you guys will be able to get an interview within 2-3 months. If you do, you'll only have to find a solution for the oath. Either you have your wife flying back to US or let her stay on her own in NJ for few months.

2) Yes, you have to go through NJ if that's where you guys are unless you move to Texas, stay there for 3+ months and then file. That's not a solution for you guys.

Edited April 2, 2012 by ManuFred

[ConcordUser 18]

1) I recommend applying ASAP hoping you guys will be able to get an interview within 2-3 months. If you do, you'll only have to find a solution for the oath. Either you have your wife flying back to US or let her stay on her own in NJ for few months.

2) Yes, you have to go through NJ if that's where you guys are unless you move to Texas, stay there for 3+ months and then file. That's not a solution for you guys.

Easiest thing at this time is extend the apartment lease for few months until the Oath is done and then vacate the apartment. Have some one check the mail for you in your absence and let you know. Also she has to attend the Interview and Oath Ceremony. So it is best keep the apartment for few more months and keep the lease. Also make sure you have all the required documents to prove you both are married since you are applying based on 3 year marriage. They will ask for the lease, bank, utility and all kinds of statements and papers. Better start collecting all of them now and keep them ready.

[sealedkiss 1]

My wife probably won't qualify for 319b, because my future employer is not an American firm (not majority anyway). But I was wondering if it is appropriate to request "discretionary expedite" as per USCIS web site (and quoted):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I appreciate hearing your input and experience. Thanks a lot.

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing.  The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283.  The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition.  You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

[aloa4510 0]

I just started my journey in charleston sc -

2012 - 3/16 - N400 mailed to Texas (overnight)

2012 - 3/20 - assigned priority date

2012 - 3/24 - received 797 with biometric appt.

2012 - 4/12 - did biometric and asked about same day oaths - also to try and expedite my case as my husband is leaving june 1 for australia to work. i have made an infopass appt for tomorrow (4/13) to bring them hubbys offer letter and they say they will "try" to get it processed in time for me to perhaps leave when he does instead of waiting until july - my fingerprints etc are already with the fbi as i worked for a bank - i have never committed a crime apart from traffic tickets and have proof that all my taxes have been paid for the past three years - only have to keep worrying about having divorced my sponsor just shy of three years and remarryng straight away - we have now been married 25 years with two daughters and one grand daughter and im as happy as a clam - plus i stayed for 9 months nearly 30 years ago but after getting a lecture from immigration at the airport they let me back in - i also got my 10 year green card renewed in 2004 with no fuss.....hoping i can get this going - even the national call center told me they do make exceptions for serious situations. so far tbey have been great with me so we will see if that continues

[sealedkiss 1]

aloa4510 - thanks for sharing your experience. This is great and exactly what I wanted to find out. Please let me know of any updates.