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

[Elprocesoeslargo 2]

I just noticed that I did not answer your question directly: I had a buddy apply for both at the same time, BUT his wife was filling from within the US. She had left the US before her AOS was completed and traveled on another document in and out (work permit?). They flew in for her interview.

At what he thought was her green card interview, they granted her permanent residence. Then the USCIS officer pulled out their N-400/319(b) package and said, "Now we interview you for US citizenship, though I'm still not sure how this is possible..." How did that happened, since he requested his paperwork be processed at USCIS Fairfax in his N-400 cover letter? The system automatically MERGED his files, because it was all within USCIS stateside.

A person that applies outside the US has their immigration paper at the NBC, NVC and then at a US embassy. The N-400 is processed within USCIS stateside.

See how the files are usually kept separate...

The Department of State or similar actually has paperwork that tells people to fill out the 319(b) paperwork and submit it while simultaneously applying for a green card. I tried to find a link, but I came up dry and have other stuff to work on at the moment. Perhaps I can post it later.

Long story short, she eventually got her US citizenship, but was not naturalized until a few weeks later. It also took a lot of phone calls, emails and getting the USCIS 319(b) office in Fairfax, Virginia involved, because the California USCIS office was scared to approved the paperwork and had never seen nor heard of "319(b)" before. They error on the side of caution (what is best for them) and not what is correct based on the law, so you'll see most of the 319(b) denials went to regular USCIS offices and not the special 319(b) ones in Fairfax, Virginia, Rhode Island, etc. Pay the money, take the trip and go to a special 319(b) office. Don't save a few bucks to risk an uninformed officer denying you nor having to wait weeks or months for naturalization, as you'll probably be disqualified for that too (leave within 45 days), because only a few offices (all 319(b) offices do) offer same day naturalizations...

Another point is that you mention "DCF", but if you check further, you should find that almost all US embassies no longer offer that process. You will most likely have to process through the stateside offices and wait to do the interview at the embassy. Just FYI...

PS- You're going to run into trouble getting your spouse's fingerprints done (everyone does). If they went to the US previously, they usually just use those fingerprints. If they have never been in, you're stuck because the US embassy won't let you schedule it and USCIS usually won't accept anything other than federally done ones (I did it on a military base).

What did a friend do? Simple: Mailed in his packet without the fingerprint cards. All you have to have is your application and your check, but a good cover letter will help avoid rejections. More on that later...

Once he was issued a receipt number, he emailed the USCIS 319(b) field office he had specified in his N-400 cover letter (specifically for the 319(b) process) and asked them to schedule his spouse at the local US embassy for fingerprinting. Another guy had tried to resolve the fingerprinting issue for months, but with one email to the right people, the spouse was fingerprinted within 48 hours.

[davido 0]

Super helpful info on the 319 (b). You mentioned you'd provide info on the cover letter. Did you get to that yet, maybe at another link?

[davido 0]

Besides the above cover letter question, I have another comment to update the process and a question

They just updated the N-400 application in March 26, 2016. Part 1 is "Information about your Eligibility" and they now have an option C that allows you to choose that you're applying under INA 319b! Under that option they ask you to "select the USCIS field office from the list below where you would like to have your naturalization interview" and I looked for Fairfax, VA, but the only option in Virginia is Norfolk, VA. so to choose the Fairfax, VA office you actually choose: "Washington, DC - Washington Field Office".

I just got off the phone with the USCIS customer service number (800-375-5283 - wait, then press 1 for English - then 2 - then 2 - then 2 to get a human), and they say that "all offices should be on the same level" meaning that they should all be able to process 319b, but as others have testified to somewhere on this forum I believe, some have gotten rejected probably because the office wasn't familiar with 319b.

That being said, now that INA 319b is specifically listed on the N-400 application dated 3/26/16 as an option (Part 1 option C), I'm starting to doubt that the local offices can deny someone who qualifies under it. I'm hoping that because of the brand new application, that local offices must come up to speed or else get shamed or slapped on the wrist or something.

I'm just very hesitant to take a newborn and a 2 year old (imagine crying in stereo) on a 10 hr drive if I don't really have to... but it'd be better than delaying the process 3 months, so I'm debating what I should do.

Any opinions? Anybody used the new application yet and had success? Of course it's so new, I imagine enough time hasn't even passed yet to be able to tell for certain.

[Lenchick 133]

I just noticed that I did not answer your question directly: I had a buddy apply for both at the same time, BUT his wife was filling from within the US. She had left the US before her AOS was completed and traveled on another document in and out (work permit?). They flew in for her interview.

At what he thought was her green card interview, they granted her permanent residence. Then the USCIS officer pulled out their N-400/319(b) package and said, "Now we interview you for US citizenship, though I'm still not sure how this is possible..." How did that happened, since he requested his paperwork be processed at USCIS Fairfax in his N-400 cover letter? The system automatically MERGED his files, because it was all within USCIS stateside.

A person that applies outside the US has their immigration paper at the NBC, NVC and then at a US embassy. The N-400 is processed within USCIS stateside.

See how the files are usually kept separate...

The Department of State or similar actually has paperwork that tells people to fill out the 319(b) paperwork and submit it while simultaneously applying for a green card. I tried to find a link, but I came up dry and have other stuff to work on at the moment. Perhaps I can post it later.

Long story short, she eventually got her US citizenship, but was not naturalized until a few weeks later. It also took a lot of phone calls, emails and getting the USCIS 319(b) office in Fairfax, Virginia involved, because the California USCIS office was scared to approved the paperwork and had never seen nor heard of "319(b)" before. They error on the side of caution (what is best for them) and not what is correct based on the law, so you'll see most of the 319(b) denials went to regular USCIS offices and not the special 319(b) ones in Fairfax, Virginia, Rhode Island, etc. Pay the money, take the trip and go to a special 319(b) office. Don't save a few bucks to risk an uninformed officer denying you nor having to wait weeks or months for naturalization, as you'll probably be disqualified for that too (leave within 45 days), because only a few offices (all 319(b) offices do) offer same day naturalizations...

Another point is that you mention "DCF", but if you check further, you should find that almost all US embassies no longer offer that process. You will most likely have to process through the stateside offices and wait to do the interview at the embassy. Just FYI...

PS- You're going to run into trouble getting your spouse's fingerprints done (everyone does). If they went to the US previously, they usually just use those fingerprints. If they have never been in, you're stuck because the US embassy won't let you schedule it and USCIS usually won't accept anything other than federally done ones (I did it on a military base).

What did a friend do? Simple: Mailed in his packet without the fingerprint cards. All you have to have is your application and your check, but a good cover letter will help avoid rejections. More on that later...

Once he was issued a receipt number, he emailed the USCIS 319(b) field office he had specified in his N-400 cover letter (specifically for the 319(b) process) and asked them to schedule his spouse at the local US embassy for fingerprinting. Another guy had tried to resolve the fingerprinting issue for months, but with one email to the right people, the spouse was fingerprinted within 48 hours.

Besides the above cover letter question, I have another comment to update the process and a question

They just updated the N-400 application in March 26, 2016. Part 1 is "Information about your Eligibility" and they now have an option C that allows you to choose that you're applying under INA 319b! Under that option they ask you to "select the USCIS field office from the list below where you would like to have your naturalization interview" and I looked for Fairfax, VA, but the only option in Virginia is Norfolk, VA. so to choose the Fairfax, VA office you actually choose: "Washington, DC - Washington Field Office".

I just got off the phone with the USCIS customer service number (800-375-5283 - wait, then press 1 for English - then 2 - then 2 - then 2 to get a human), and they say that "all offices should be on the same level" meaning that they should all be able to process 319b, but as others have testified to somewhere on this forum I believe, some have gotten rejected probably because the office wasn't familiar with 319b.

That being said, now that INA 319b is specifically listed on the N-400 application dated 3/26/16 as an option (Part 1 option C), I'm starting to doubt that the local offices can deny someone who qualifies under it. I'm hoping that because of the brand new application, that local offices must come up to speed or else get shamed or slapped on the wrist or something.

I'm just very hesitant to take a newborn and a 2 year old (imagine crying in stereo) on a 10 hr drive if I don't really have to... but it'd be better than delaying the process 3 months, so I'm debating what I should do.

Any opinions? Anybody used the new application yet and had success? Of course it's so new, I imagine enough time hasn't even passed yet to be able to tell for certain.

Hi all! Did you all successfully go through the naturalization under 319b? I would really love to know how it went and all the details. I am currently filling out n400 and gathering all the necessary papers to get this process started. Maybe someone can post a cover letter? Also, I have a question about Part. 5- information about your residence. Did you type all the overseas addresses where you resided? We also have had APO addresses. Do I use APO address as the mailing address and list actual physical overseas addresses where we have lived? I will likely choose to be interviewed in Orlando, FL but for now have no idea which lock-box to file to.

They have this information in one of pamphlets: 'What if I live overseas? you are overseas and filing Form N-400, you should send your application to the USCIS Lockbox Facility that serves the USCIS office where you want to

be interviewed' I didn't find which lockbox address corresponds to Orlando, FL office

How about fingerprints? Did anyone get that done overseas or do they not require fingerprints from every applicant?

All additional information and tips would be highly appreciated! Please share your experience!

[Elprocesoeslargo 2]

Hi all! Did you all successfully go through the naturalization under 319b? I would really love to know how it went and all the details. I am currently filling out n400 and gathering all the necessary papers to get this process started. Maybe someone can post a cover letter? Also, I have a question about Part. 5- information about your residence. Did you type all the overseas addresses where you resided? We also have had APO addresses. Do I use APO address as the mailing address and list actual physical overseas addresses where we have lived? I will likely choose to be interviewed in Orlando, FL but for now have no idea which lock-box to file to.

They have this information in one of pamphlets: 'What if I live overseas? you are overseas and filing Form N-400, you should send your application to the USCIS Lockbox Facility that serves the USCIS office where you want to

be interviewed' I didn't find which lockbox address corresponds to Orlando, FL office

How about fingerprints? Did anyone get that done overseas or do they not require fingerprints from every applicant?

All additional information and tips would be highly appreciated! Please share your experience!

Unfortunately necessary disclaimer: I am not an attorney, this is not legal advice and I'm just some random guy on the internet, so you shouldn't listen to or do anything I say...

My wife finished hers two years ago: she entered the US to finish her green card process, left and returned two months later to become a US citizen. I've helped about 15 others do the same thing since. It can seem scary and difficult, but it's easy if you don't have any issues (visa overstays, criminal history, you live overseas, etc).

If you google a bit, you will see that the Dept of State tells their people not to do the process in any office, other than with the Fairfax, VA 319b team, because most other offices aren't aware of the process, have little/no experience and fault on the side of denials. The other issue is that very few USCIS offices are permitted to do "same day" naturalizations, so even if she is approved, she could be trapped in the US for weeks or months until she can get her naturalization ceremony. I had one guy in a really weird situation who did it in California (she completed her green card interview, then they opened another folder on the desk and did her N-400 interview; the interviewer kept saying, "I don't know how this is possible...").

We managed to get them to approve her after three weeks (by coordinating with contacts in the 319b team/Fairfax, VA office), but she couldn't get her ceremony until almost two months later.

Just be aware those are some of the pitfalls for using other offices. The Fairfax, VA team does a dozen or more of these a week, know the process intimately and will have approved people naturalized and out the door faster than you think is possible. They also have their own team that processes the N-400s for them and know the process, so the risk of them returning it is lessened as well (read on here for stories of people getting their file returned multiple times with "must be in US for three years to qualify" stamped on it. They also get the files processed as a priority, due to the nature of the process, etc. Many additional benefits for going through them and much less risk. Certainly make the choice that best suits your needs, but you now have the info to make an informed decision. I've seen three people process outside of Fairfax and two had serious delays. Not one person ever had an issue in Fairfax.

I addressed fingerprints in one of my earlier posts. Just read over them and you'll have what you need.

Start early, file immediately and sort the details during the process. Do not wait six months to get your file perfect, because you are wasting time.

All the best and enjoy the benefit you have earned!

Also, please return here and share your knowledge! I found very little out there when I was trying for 319b, but was fortunate to have found generous people that shared their experience with me and I'm just doing the same now.

PS- A fun game I play with rude US immigration people is to ask how long it takes to become a US citizen after a green card and, after they say three years, I show them my wife's I-551 in her foreign passport and hold it next to her US passport to watch them meltdown and search through their computer trying to determine how that is possible... LOL

Here's a basic cover letter format:

1234 1^st St.

City, State 12345

01 July 2008

Nebraska Service Center

P.O. Box 87400

Lincoln, NE 68501-7400

SUBJECT: Application for Naturalization under section 319 (b) of the Immigration and

Naturalization Act (INA)

Dear Sirs,

Enclosed is form N - 400 along with supporting documents so that I may apply for Naturalization under section 319 (b) of the Immigration and Naturalization Act as the spouse of a (gov’t employee, soldier, missionary, etc.) who is being assigned overseas. My husband/wife, John/Jane Doe is currently employed by <company> and has accepted a new position in <place going to> with a reporting date on or about November 1, 2008. I will accompany my husband/wife on his/her assignment.

Please let me know if you need any more information or have any concerns. I can be reached by email at email@gmail.com, by phone at <phone#>, or by mail.

Thank you for our support.

Sincerely,

<Your Name>

USCIS A# 0000000000

or this one (I like it better; more professional and more useful information. Customize them and make it your own, as there is no set format nor a wrong way. Although, everything sent becomes a record and part of your file. Act accordingly...)

<your mailing address or APO address>

<your mailing address or APO address>

<your mailing address or APO address>

USCIS Alien Registration Number: A <Immigrant spouse’s number>

DOS Case ID: <Department of State case number, if you have it (it is assigned to track N-400>

Nebraska Service Center

P.O. Box 87400

Lincoln, NE 68501‐7400

SUBJECT: Application for Naturalization under section 319 (b) of the Immigration and Naturalization Act (INA)

Dear USCIS,

Enclosed is Form N‐400 along with supporting documents so that I may apply for naturalization under section 319 (b) of the Immigration and Naturalization Act as the spouse of a contractor working on behalf of the United States Department of Defense, in support of U.S. military operations, who is currently assigned and deployed to an overseas location.

My husband, <your name here>, is currently employed by <your employer> and has a position in <overseas city and country> with a Letter of Authorization (LOA) from the U.S. Department of Defense that is valid through <01/01/1900>.

I will accompany my husband on his assignment and need the legal protections afforded by U.S. citizenship.

I wish to be interviewed and have the oath administered by the USCIS Washington District Office in Fairfax, VA and also ask that all of my paperwork be processed there as well, due to their extensive experience with 319(b) N‐400 Expedited Citizenship cases.

I fully intend to return and live within the United States, once my husband’s oversea assignment has completed.

Please let me know if you need any more information or have any concerns. I can be reached by email at

<your spouse’s email address> or <your email address> and by phone at +1 234‐567‐8901.

Thank you for our support.

Sincerely,

<Immigrant spouse’s name>

USCIS Alien Registration Number: A <Immigrant spouse’s number>