Can CR-1 and Naturalization under 319b be completed simultaneously? (merged)

[peanut1 0]

Thank you for all of the previous threads that have let me build up my own knowledge and potential process.

I am US born, living in Israel since 2009. I am got Israeli citizenship in 2009, and maintain dual citizenship.

I married my wife in Israel in June 2015, she is not a US immigrant.

We would like to move to America after my current work is complete, and would like to prepare for my wife to gain citizenship as quickly as possible.

We will be applying for naturalization according to 319(b) [spouse of a U.S. Citizen Regularly Stationed Abroad].

Following these instructions: FAQ Sheet for Spouse of a U.S. Citizen Regularly Stationed Abroad

. My wife was planning on getting her green card first, and then applying, until I read this:

A cover letter directed to the appropriate INS Service Center advising them that you are currently residing

overseas and that you are applying under Section 319(b) of the Immigration Act. If you are not already an

immigrant and will enter with an immigrant visa, then you should also indicate that in your letter.

lawful permanent resident at the time of your interview;

So my thought is that the fastest way for my wife's citizenship is to simultaneously apply for Conditional Residence (CR-1) and Expedited Naturalization (319b).

The CR-1 will allow my wife to become a permanent residence upon landing in the US, ideally on the same trip where she will have her naturalization interview.

The fastest way to gain CR-1 is Direct Consular Filing, since I qualify. It could take less than 3 months, wow!

That would require submission of the following, in order to get the CR-1 immigration visa:

I-130 (Petition for Alien Relative), G-325a (Biographic Information), G-1145 (e-notifications).

Do I need to live in the US to qualify as a US sponsor under CR-1? If so, can the sponsor be my father who does reside in the USA?

Apparently not: US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

Can I submit the N-400 (along with proof of 319b qualification) prior to my CR-1 being approved?

When would be the soonest that I can apply for naturalization (submit N-400) under 319b?

Must I send the N-400

Where am I bound to get mixed up during this process?

[Anh map 2,098]

After your spouse is a legal permanent resident for 3 years she can apply for citizenship. The document that you linked does not apply to your situation.

[veer143 5]

Point 3 in Fact sheet for Spouse of a U.S Citizen stationed abroad. Spouse should be a LPR ( legal Permananet Resident) at the time of Interview ( citizenship interview). Thus you have to wait for Green Card not CR-1 Visa, before interview. Also, If you file it before AOS is approved, then N-400 will be rejected and you'll lose money, or they will send you an RFE and request for Green card copy. And you won't even have a green card date filled in the form. So I'd advise against it. Also you have to be qualified for 319(b), i.e. Working for US organization and not Israeli private firm. Google that list.

About sponsor, you can be a sponsor. Actually either you or your spouse can be self sponsored, I don't know if she works in Israel and would be able to secure job here. So you are better off. Also you can give a letter that you both intend to move to United States once your wife is eligible to move. There is no need to rush the N-400 as she'd still be able to work and file taxes and apply for loans etc. just not vote or get a DUI.

[peanut1 0]

Point 3 in Fact sheet for Spouse of a U.S Citizen stationed abroad. Spouse should be a LPR ( legal Permananet Resident) at the time of Interview ( citizenship interview). Thus you have to wait for Green Card not CR-1 Visa, before interview.

CR-1 visa approval is satisfactory for the LPR requirement at time of interview, because if you are approved for CR-1, the moment you land in the states you are an LPR.

According to IR1 and CR1 Immigrant Visas:

IR1/CR1 Visas are immigrant visas issued to foreign spouses of U.S. Citizens. If you follow this process, the foreign spouse will complete the visa process completely outside the US, and then arrive in the US and become a Permanent Resident immediately. Once the immigrant visa holder enters through a US Port of Entry, he or she will receive a Green Card in the mail (at their US address) within a few weeks. Additionally, sometimes the immigrant visa holder will have their passport stamped at the Port of Entry with an I-551 stamp (indicated their Legal Permanent Residency Status).

Also, If you file it before AOS is approved, then N-400 will be rejected and you'll lose money, or they will send you an RFE and request for Green card copy. And you won't even have a green card date filled in the form. So I'd advise against it. Also you have to be qualified for 319(b), i.e. Working for US organization and not Israeli private firm. Google that list.

Can you please explain the problem between the AOS and the N-400? What is AOS in this case?

As for working for a qualified firm, it is definitely work for a US organization, but how can I verify whether it qualifies before filing for 319b? Does it have to be W-2 income, can the employee be a part or whole owner of the firm or LLC?

Thanks for the quick reply!

[JohnR! 5,495]

Before your wife can apply for US citizenship she must become a resident.

The first step is to apply for a spousal visa for her. Check the instructions here: http://www.visajourney.com/content/dcf

Once she becomes a resident she can apply for citizenship after three years of permanent uninterrupted residence - if she is still married to and living with you - or five years, regardless of marriage status.

Good luck!

Thank you for all of the previous threads that have let me build up my own knowledge and potential process.

I am US born, living in Israel since 2009. I am got Israeli citizenship in 2009, and maintain dual citizenship.

I married my wife in Israel in June 2015, she is not a US immigrant.

We would like to move to America after my current work is complete, and would like to prepare for my wife to gain citizenship as quickly as possible.

We will be applying for naturalization according to 319(b) [spouse of a U.S. Citizen Regularly Stationed Abroad].

Following these instructions: FAQ Sheet for Spouse of a U.S. Citizen Regularly Stationed Abroad

. My wife was planning on getting her green card first, and then applying, until I read this:

So my thought is that the fastest way for my wife's citizenship is to simultaneously apply for Conditional Residence (CR-1) and Expedited Naturalization (319b).

The CR-1 will allow my wife to become a permanent residence upon landing in the US, ideally on the same trip where she will have her naturalization interview.

The fastest way to gain CR-1 is Direct Consular Filing, since I qualify. It could take less than 3 months, wow!

That would require submission of the following, in order to get the CR-1 immigration visa:

I-130 (Petition for Alien Relative), G-325a (Biographic Information), G-1145 (e-notifications).

Do I need to live in the US to qualify as a US sponsor under CR-1? If so, can the sponsor be my father who does reside in the USA?

Apparently not: US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

Can I submit the N-400 (along with proof of 319b qualification) prior to my CR-1 being approved?

When would be the soonest that I can apply for naturalization (submit N-400) under 319b?

Must I send the N-400

Where am I bound to get mixed up during this process?

[veer143 5]

Point 3 in Fact sheet for Spouse of a U.S Citizen stationed abroad. Spouse should be a LPR ( legal Permananet Resident) at the time of Interview ( citizenship interview). Thus you have to wait for Green Card not CR-1 Visa, before interview.

CR-1 visa approval is satisfactory for the LPR requirement at time of interview, because if you are approved for CR-1, the moment you land in the states you are an LPR.

According to IR1 and CR1 Immigrant Visas:

Can you please explain the problem between the AOS and the N-400? What is AOS in this case?

As for working for a qualified firm, it is definitely work for a US organization, but how can I verify whether it qualifies before filing for 319b? Does it have to be W-2 income, can the employee be a part or whole owner of the firm or LLC?

Thanks for the quick reply!

Check this out, http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

This document clearly states that the Spouse must be a lawful permanent resident before applying N-400 ( citizenship through naturalization). Also Spouse should be in United states before the interview. So you cannot apply for N-400 before gettting green card. because you need to provide them 2 things from the green card - 1. date that you became permanent resident. and 2. Copy of green card to be submitted ( that is the only document submitted for N-400).

I'd also like to clearly state that you do not have to be Permanent resident for X no. of years. nor be married for X no. of years. Those requirements are waived for your wife. ( It's unfair though) but that's the way it is.

requirements that you need to meet for 319 b,

1. The Organization - in your case a non-goverment ( if i understand correctly), US organization with foreign trade/commerce abroad.

2. The job - You must intend to stay abroad for 1 more year at the time of filing this application. Give proof if possible otherwise write in the letter below.

3. The Intent - You must declare intent to move back to US after employment is over and this Naturalization is granted. ( Write in a letter from US citizen).

If you work for a US Organization that is fine, W2, 1099, partner, manager doesn't matter as long as you pay your taxes, they don't care. Give proof of anything that shows you are employed abroad, (copy of contract etc or letter from Upper management).

[peanut1 0]

I re-read http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

I cannot find the exact wording that you describe as

This document clearly states that the Spouse must be a lawful permanent resident before applying N-400 ( citizenship through naturalization). Also Spouse should be in United states before the interview. So you cannot apply for N-400 before gettting green card. because you need to provide them 2 things from the green card - 1. date that you became permanent resident. and 2. Copy of green card to be submitted ( that is the only document submitted for N-400).

I did find here http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.htmlthat the spouse must be:

•LPR at the time of filing the naturalization application​.​

However, why would they say the following, as I previously quoted:

A cover letter directed to the appropriate INS Service Center advising them that you are currently residing

overseas and that you are applying under Section 319(b) of the Immigration Act. If you are not already an

immigrant and will enter with an immigrant visa, then you should also indicate that in your letter.

This appears to apply to our situation, since we plan to get an immigrant visa (CR-1), and enter with the CR-1, my wife will then be an LPR prior to the oath.

Another option is to apply for Naturalization once we have the immigrant visa approved. They could say that my wife is ineligible because she is not an LPR at the time of the filing the application (as stated above), but according to the cover letter instructions, there should be a way for a non-LPR to qualify for naturalization so long as they have CR-1 visa upon landing.

In fact, the line says: if you are not already an immigrant....

To me, that implies that we could apply for N-400 and CR-1 simultaneously...

Lastly, about work: is a new work contract enough to qualify, or does the job have to be for a long time in the past?

What about the "foreign trade" requirement? Are there guidelines for what qualifies or does not?

[veer143 5]

I re-read http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

I cannot find the exact wording that you describe as

Here is the wording from that link, copy pasted with important points in bold.

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization,.......

I would just work according to this, working according to something meaty is always better than going off a technical critical point as you mentioned earlier , unless you hire a lawyer, which you don't need. With USCIS don't need to do more than you need to. They'd say they smell fish in a glass of water. ( new catchphrase i just coined).

Please make sure that your employer is what they describe as eligible employer under section 319(b). New contract is fine and hope it is for atleast a year more than now as i read in section 319(b) about employed 1 year in future and then hoping to return to US after that.

I'd love to see you win this and hear the outcome of this petition. Keep me posted.

[Boiler 43,586]

Sounds like you will be be breaking new ground so strongly recommend you have a good lawyer on your side, trying to remember the name of the Firm in CA who are generally considered the Mavens in this area.

[peanut1 0]

According to this http://www.gpo.gov/fdsys/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec319-2.pdf

319.2.2

(2) At the time of examination on the application for naturalization, be present in the United States pursuant to a lawful admission for permanent residence;

It seems like they want the applicant to land in America to pick up their green card (according to CR-1), and immediately do a naturalization interview (according to 319b).

What is your opinion?

[Anh map 2,098]

You keep posting about an uncommon provision in the immigration world. You would be better served to spend some money to speak with a qualified, experienced US immigration attorney who can guide you through the process.

Keep posting the same question here and you will most likely continue getting the same answers that you don't seem to like.

[peanut1 0]

I have spoken to a couple of lawyers, one of which thought 319b only applies to spouses of US soldiers, which is not true. The breadth of knowledge amongst this community is very useful, even with an attorney.

Perhaps someone has experience doing this simultaneously, which is why I chose to isolate the question.

[Penguin_ie 5,986]

***** Two threads on similar topics merged. Please do not create more than one thread on a question/ issue. If you have follow on questions, post them as a reply to this thread so as not to spam the forums ******

[Alaska2012 462]

What's the hurry with the citizenship?

[Elprocesoeslargo 2]

Let me start by saying this isn't legal advice, because I am not an attorney. I am merely sharing my personal experience and the experiences of the 12 or so people I have helped to complete the 319(b) process...

Let's get the major point out of the way: It is possible to become a US citizen the day you arrive to the US without ever having entered the US before.

(Note: No, I'm not talking about a Legal Permanent Resident or a "green card" holder, but a naturalized US citizen with a naturalization certificate and a US passport. How you ask?

Simple: You fly in to the US on the day of your 319(b) interview at a USCIS office with an approved immigration visa in your foreign passport, which will be stamped and become your I-551, a legal equivalent of a green card that is valid for one year, which gives you instant legal permanent resident status and, if you successfully complete the 319(b) interview, you'll be given a same day naturalization at that USCIS office and will leave a US citizen, even though you've been in the US less than 24 hours and will go from an LPR to a USC in record time.

FYI- There are only a few USCIS offices that are authorized to do same day naturalizations and the 319(b) specialty offices are the only ones that I am aware of.)

How is that possible? Well, to begin: There is no requirement to have lived in the US for three years as a Legal Permanent Resident (LPR) married to a US citizen in order to qualify for US citizenship.

Take a look at the first page of the N-400 (Part 1, Question# 3) and you'll see what I mean...

Anyone who tells you that there is simply is wrong and uninformed. This applies to USCIS personnel, immigration attorneys, self-proclaimed legal experts (on this message board) or anyone else who disagrees, because they are simply unaware of the variety of ways a person may qualify for naturalization per the Immigration & Naturalization Act (INA). For the record, even USCIS & Dept of State recommends only dealing with 319(b) specialty field offices for the process, because even the majority of USCIS staff are not aware of the process. http://www.state.gov/m/dghr/flo/c21634.htm (middle of the page)

The most common way people qualify for naturalization is via INA 319(a) and it has that three-year requirement. However, we are discussing a person qualifying for naturalization under INA 319(b) and there is no time requirement; not even one day.

Additionally, a person does not have to have a green card to qualify nor do they need to have one prior to applying for the 319(b) process. The requirement is simply to be an LPR before you can interview for 319(b) and they will work with you to schedule your appointment after you have; you can complete the entire process simultaneously with the green card application, though that process can be rather complicated, since you technically have to swear you have an immediate immigration intent to remain within the US. For 319(b), you have to swear you have an immediate intent to leave the US (you have to leave the US within 45 days, by law) to be with your spouse. See the contradictions? Consider that most of the people that qualify for 319(b) are Dept. of State, military and DoD contractors and you see why they get a "free pass" without people getting too particular on legal discrepancies.

I've been meaning to write something up on 319(b) for awhile now, I conducted extensive research and also was fortunate to have benefited from the advice and guidance of several who had completed the process before me. I'll write more later, but for now, here are the main caveats/deal breakers to the process:

1. Only a spouse qualifies, not parents nor any other relative. However, a parent that is naturalized does automatically grant the children US citizenship. You have to apply for their certificate separately, but you can get their US passports immediately. Just google and you'll see an explanation. Basically, you just turn their passport request in AT THE SAME TIME as the mother's and you'll get theirs too. They all need an individual SSN first.

2. You must have one year left overseas (on your contract, deployment or whatever) from the date OF THEIR NATURALIZATION. No exceptions, but you could show a DEROS letter, a letter stating that your contract renews annually, etc. They will work with you, a little bit, on this part.

3. The spouse has to leave the US within 45 days of her naturalization. It is not "a gift nor a thank you" because the spouse deployed overseas or works in a crappy, dangerous country. You have to be going with them or to join them there, for a minimum of a year, to live in that country. If their orders do not state that you are going, the commander or contract company can write a letter stating you are their "accompanying dependent" and will reside their with them, even if they are not paying for it. It really looks good if you are already living there and return for the 319(b) interview from that country, because then there is proof of your intent. See how that works?

4. Intend to return to the US immediately after their time overseas finishes. If you tell them you are going to buy a beach house and stay in Thailand after your contract/deployment, you will not qualify under 319(b).

There's more to it, but those are the basics. If anyone wants more info, post a note here and future googlers will benefit from the interaction.

All the best and don't be afraid to go for it, if you qualify. My wife had only briefly visited the US once before and her second flight into the US was to become a US citizen at the USCIS office in Fairfax, Virginia. I did all of the paperwork, the 319(b) interview was brief, the naturalization ceremony was less than three minutes and, since she already had an SSN (issued on her first trip), we got her US passport the next day.

FYI - Most immigration attorneys have never heard of this process nor do they have any experience with it. I have had two different guys seek me out and ask if the process existed, because they had PAID an attorney to research the process and were told "The process does not exist". One paid $500 and the other $1,000. Want to guess whether or not they got refunds? Are there legal professionals that can handle it for you? Of course, but make sure you find a good one...

Suggested reading:

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

PS- They also take a VERY simple version of the naturalization exam and do not need to know anything more than the USCIS test questions marked with an asterisk (for elderly people). The exam is conducted in English and you will probably not be able to be with them during the interview; I was, but most others were not. Have them look over all of the USCIS study material provided on their website, but they are also not questioned on representatives, governor, president, VP, etc.

Edited January 30, 2016 by Elprocesoeslargo