N-400 rejected (overseas military dependent) 319 (e) Overseas Naturalization

[A&M-Forever 0]

Really not sure what I did wrong on my wife's N-400 application. I received the package back with a lettter saying that she was not eligible because:

1) Lawful permanent resident for 3 years

------- Her 3 year mark is 24 Jan 2015 (Are we not able to apply 90 days prior??????)

2) I did not specify a U.S. interview location

--------Well, that would be because I requested OVERSEAS NATURALIZATION in Seoul on our cover letter, as I am stationed in Seoul and I was instructed to do as such!

Application: On part 1 of the N-400, I selected

--------#5. Other (explain): 319 (e) Overseas Naturalization

Any thoughts or help for me? Guess I'll just be waiting until 1 Feb to meet the 3yrs exactly....but still think I did everything correct and they just don't know what they are doing. Thanks!

[oatmeal 8]

Her 3 years counting starts from the date of her greencard. Yes, you can file 90 days prior. Thats what i did. Sorry i dont know about overseas naturalization.

[JamalNTam 1]

319 (e) even allows spouses with less than 3 years on their greencard to apply for citizenship. How much longer are you there? I know that there is a cut-off date (something like a year before you are due to return to the States). Aside from that, maybe you just got unlucky and the person who opened and filed your wife's application didn't read it properly. Have you contacted the military help-line back in the States? They have been very helpful when I have called.

I am going through naturalization overseas now in Germany (husband is AF) and I just received my interview date for next week. I had a bit of an issue with the bio fee, and I originally submitted the outdated form, but it's been pretty straight-forward. If you have any questions then feel free to ask

Edited November 18, 2014 by JamalNTam

[A&M-Forever 0]

319 (e) even allows spouses with less than 3 years on their greencard to apply for citizenship. How much longer are you there? I know that there is a cut-off date (something like a year before you are due to return to the States). Aside from that, maybe you just got unlucky and the person who opened and filed your wife's application didn't read it properly. Have you contacted the military help-line back in the States? They have been very helpful when I have called.

I am going through naturalization overseas now in Germany (husband is AF) and I just received my interview date for next week. I had a bit of an issue with the bio fee, and I originally submitted the outdated form, but it's been pretty straight-forward. If you have any questions then feel free to ask

I'm here for another year and a half. That is what I am thinking too (that the person who opened the package was cluless on what to do....even though it says right at the top to deliver to Military POC)

JamalNTam May I ask what bio fee did you pay? I sent fingerprint cards along with the $680...was I supposed to only send $595 (since I provided my own prints from military base)? This was a bit muddy for me...so I went ahead and sent the full fee.

The instructions I read say the following: No Bio fee is required for military applicants filing under Section 328 and 329 of the INA. Well, since I am not filing under 328 or 329 of the INA, I sent the full fee.

Thanks for any help...and I appreciate the post.

[JamalNTam 1]

I'm here for another year and a half. That is what I am thinking too (that the person who opened the package was cluless on what to do....even though it says right at the top to deliver to Military POC)

JamalNTam May I ask what bio fee did you pay? I sent fingerprint cards along with the $680...was I supposed to only send $595 (since I provided my own prints from military base)? This was a bit muddy for me...so I went ahead and sent the full fee.

The instructions I read say the following: No Bio fee is required for military applicants filing under Section 328 and 329 of the INA. Well, since I am not filing under 328 or 329 of the INA, I sent the full fee.

Thanks for any help...and I appreciate the post.

No problem I initially sent $595 as I believed that the bio fee was not payable since we basically provide our own fingerprints and it is quoted on several things (including my instruction packet from Frankfurt) that it was all I needed to send. I then received a letter stating that I need to pay the bio fee, so I sent a check for the bio amount (as they had already cashed my other check). Once they received that my application was processed and sent to Frankfurt.

After speaking to several people who I know that have been through this process, and USCIS, it seems that the rules have recently changed regarding the need for the bio fee - now it's payable. It wasn't previously.