Seeking advice on 319b INA Expedited Naturalization

[apollo52013 0]

I have granted green card March 2014.Now, my wife is going to be sent out abroad for at least 18 months for sourcing and networking with local business suppliers and logistics for the company. It is pretty much like a business representative abroad.

The company, which sends her out in late Dec 2014, is going to conduct in LED head lights import to U.S. Here is a situation, the company is just a small newly established start-up company, though it is 51% owned by a U.S citizen.

I have carefully gone over twice the section 319b. The only thing I am not sure is " Your U.S. citizen spouse must be "regularly stationed abroad" as: An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States" I could not find any criteria to define whether a company is qualified for the engagement in development blablabla...

Is the situation where I am encountering possible to make me qualify for expedited naturalization? If not, how to make the company a qualified American firm that engaged in development etc for U.S, then?

Second question, I have read others article, finding that the documents the enclose are as followings:

1. Cover letter (stating you are working overseas and you are applying under 319b, your job, your company)

2. Filled N400

3. passport size photos

4. Tax info (for for years, joint or not)

5. a letter from the company

6. employment letter

7. Employment agreement

9. Greencard (photocopy)

9. Applicant's Passport (copy)

11. LOI or a letter authorizing you to deployed overseas.

12. US citizen spouse's passport

13. marriage certificate

Base on my case, what shall also be enclosed in the mail other than those listed above? Thank you so so much if anyone could be of help!

[onek 306]

I don't think the type of work the company does would meet the requirements for you to apply under 319(b), but I would suggest contacting a lawyer and pay consulting fee before your go that route and waste filing fees.

[onek 306]

Is your spouse....

1. a member of the U.S. Armed Forces?

2. an employee under contract to the U.S. government?

3. an employee of an American institution of research recognized as such by the Attorney General?

4. an employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the U.S.?

5. an employee of a public international organization of which the U.S. is a member by law or treaty?

If you answer "no" to any of the above, then you don't qualify under Section 319b INA. If you don't know the answer to the above questions, perhaps her company might know the answer. If nobody knows, then consult a lawyer.

I believe you have listed the correct criteria which makes it pretty clear.

[apollo52013 0]

I don't think the type of work the company does would meet the requirements for you to apply under 319(b), but I would suggest contacting a lawyer and pay consulting fee before your go that route and waste filing fees.

Thank you for replying. I saw that you were applying expedited naturalization through section 319b INA too right?

May I ask how you fill out the "Time outside United States" part in N-400 form? Did you list all places including those BEFORE you granted your green card? or you just listed ONLY the places and number of days outside the united states AFTER you get your green card?

Thank you.

Is your spouse....

1. a member of the U.S. Armed Forces?

2. an employee under contract to the U.S. government?

3. an employee of an American institution of research recognized as such by the Attorney General?

4. an employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the U.S.?

5. an employee of a public international organization of which the U.S. is a member by law or treaty?

If you answer "no" to any of the above, then you don't qualify under Section 319b INA. If you don't know the answer to the above questions, perhaps her company might know the answer. If nobody knows, then consult a lawyer.

When you asked so, it meant you did not really go over my post. But anyway, thank you for your reply though

Edited August 29, 2014 by apollo52013