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Does the spouse have to leave the country before the applicant when filing under 319b?

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I'm looking at filing the N-400 through the 319(b) expedited naturalization process since we will qualify. However, I'm confused on one point. The statute seems to imply that the spouse of the applicant must already be overseas for the N-400 to be filed through this process. However, a Law and Border article here states:

 

Quote

Further, there is no requirement that the U.S. citizen spouse already be abroad before the naturalization application is filed. The application can be filed and approved before the overseas assignment begins.

The article cites Daniel Levy, U.S. Citizenship and Naturalization Handbook at § 11:6 for this. It's a Reuters Legal book, and at $1,175 for the latest edition, it's a bit out of my price range.

 

Does anyone have experience with this? We plan to stay in the States for 2 years or so before heading overseas and would be covered under 319(b). We would like to file expedited, but it would be filing while we're both still in the US. 


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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10 minutes ago, Dongbei said:

I'm looking at filing the N-400 through the 319(b) expedited naturalization process since we will qualify. However, I'm confused on one point. The statute seems to imply that the spouse of the applicant must already be overseas for the N-400 to be filed through this process. However, a Law and Border article here states:

 

The article cites Daniel Levy, U.S. Citizenship and Naturalization Handbook at § 11:6 for this. It's a Reuters Legal book, and at $1,175 for the latest edition, it's a bit out of my price range.

 

Does anyone have experience with this? We plan to stay in the States for 2 years or so before heading overseas and would be covered under 319(b). We would like to file expedited, but it would be filing while we're both still in the US. 

The main question is why do you think you will qualify for a 319b?

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5 minutes ago, Cyberfx1024 said:

The main question is why do you think you will qualify for a 319b?

I'd rather not give details due to privacy concerns, but at the time of filing I will be employed by one of the following

  • an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S., or a subsidiary thereof;
  • the U.S. Government;
  • certain American research institutions;
  • certain public international organizations in which the U.S. participates; or
  • a religious denomination or an interdenominational mission organization having a bona fide organization within the U.S.

For long-term employment abroad.


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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1 minute ago, Dongbei said:

I'd rather not give details due to privacy concerns, but at the time of filing I will be employed by one of the following

  • an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S., or a subsidiary thereof;
  • the U.S. Government;
  • certain American research institutions;
  • certain public international organizations in which the U.S. participates; or
  • a religious denomination or an interdenominational mission organization having a bona fide organization within the U.S.

For long-term employment abroad.

No, the spouse does not have to leave the country before filing for the 319b. If you are a US Military or Government then you will have to provide orders in regards to when you will be leaving and where when submitting the 319b. 

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1 minute ago, Cyberfx1024 said:

No, the spouse does not have to leave the country before filing for the 319b. If you are a US Military or Government then you will have to provide orders in regards to when you will be leaving and where when submitting the 319b. 

It is not a mil or USG post, but will certainly be able to provide an employment letter that outlines when and were I will be going and for how long. 

 

My other concern is the 30-45 day requirement. How does one prove that when we don't have a set date when the spouse will be naturalized? My assumption is that this could be proven by buying tickets once the naturalization interview is scheduled and then providing those at the time of the interview. Correct?


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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Refer to the guidelines from the USCIS Policy Manual, section D. Calculating Period "Regularly Stationed Abroad" --

 

the spouse of the U.S. citizen employed abroad may naturalize if his or her U.S. citizen’s qualifying employment abroad is scheduled to last for at least one year at the time of filing, even if less than one year of such employment remains at the time of the naturalization interview or Oath of Allegiance provided that the spouse remains employed abroad at the time of naturalization.

 

The burden is on the applicant to establish that his or her U.S. citizen’s qualifying employment abroad is scheduled to last for at least one year from the time of filing.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

 

Based on the above, you must already be employed abroad at the time your spouse files for N-400 under 319(b), but there is no mention of you needing to be present abroad already.  Your spouse must provide evidence of your qualifying employment to be able to file.

 

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1 minute ago, Ate said:

 

Based on the above, you must already be employed abroad at the time your spouse files for N-400 under 319(b), but there is no mention of you needing to be present abroad already.  Your spouse must provide evidence of your qualifying employment to be able to file.

 

We would be able to provide full proof of employment and length of assignment abroad and all that, but at the time of filing we would both still be in the States. It seems from what you're saying that shouldn't be a problem. That's also what the Law and Border article states but the actual documents from USCIS are far from clear. I wish I had access to the legal book mentioned in the first post but I don't have $1,000+ to drop on a book just to read a page or two!


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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9 minutes ago, Dongbei said:

It is not a mil or USG post, but will certainly be able to provide an employment letter that outlines when and were I will be going and for how long. 

 

My other concern is the 30-45 day requirement. How does one prove that when we don't have a set date when the spouse will be naturalized? My assumption is that this could be proven by buying tickets once the naturalization interview is scheduled and then providing those at the time of the interview. Correct?

If you have a employment with a definite start date then that should suffice. The issue would be biometrics and the interview. So if you file for it when the have a definite start date within a certain time period then you will be fine. But I have seen it if you file for it and in say 6 months then you will be denied for the 319b. 

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Just now, Cyberfx1024 said:

If you have a employment with a definite start date then that should suffice. The issue would be biometrics and the interview. So if you file for it when the have a definite start date within a certain time period then you will be fine. But I have seen it if you file for it and in say 6 months then you will be denied for the 319b. 

The way this particular employer works is that usually employees are given an offer of employment and a firm date to go abroad ~5-6 months ahead of actually going abroad, but actual paid employment starts ~2 months before going abroad and flights are usually purchased pretty light (~1 month before going abroad, depending on visa requirements). 

 

Does anyone know if the proof for the 30-45 day requirement is at the time of filing or at the time of interview? I'm not clear on that. 


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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20 minutes ago, Dongbei said:

My other concern is the 30-45 day requirement. How does one prove that when we don't have a set date when the spouse will be naturalized? My assumption is that this could be proven by buying tickets once the naturalization interview is scheduled and then providing those at the time of the interview. Correct?

 

Don't buy a ticket yet.  At the time of filing, your spouse just needs to submit a statement of intent.  Refer again to the USCIS Policy Manual --

 

Evidence of Applicant’s Intent to Reside Abroad with Citizen Spouse and Return to the United States Upon Termination of Qualifying Employment

 

Along with his or her naturalization application, an applicant for naturalization under INA 319(b) must submit a statement describing his or her intent to reside abroad with the citizen spouse and his or her intent to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.

 

Edited by Ate

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2 minutes ago, Ate said:

 

DON'T buy a ticket!  Your spouse just needs to submit a statement of intent.  Refer again to the USCIS Policy Manual --

 

Evidence of Applicant’s Intent to Reside Abroad with Citizen Spouse and Return to the United States Upon Termination of Qualifying Employment

 

Along with his or her naturalization application, an applicant for naturalization under INA 319(b) must submit a statement describing his or her intent to reside abroad with the citizen spouse and his or her intent to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.

 

A statement of intent would make it a lot easier. We will have plenty of evidence of marriage and living together given we'll have been living together both in the States (she'll have her conditional green card) for ~2 years at the time of filing and I think the employer would be more than happy to provide the employment letter detailing the assignment, length, location, etc. 


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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The other main question I have is how far in advance to file. It seems the processing times vary widely between field offices and I'm really unsure about how early we can/should file an N-400 under 319(b).


8/16/18 -- Married

10/23/18 -- I-130 filed (DCF in Beijing)

12/03/18 -- I-130 approved

12/23/18 -- Packet 3 Sent to GZ

12/28/18 -- Packet 4 received

02/14/19 -- Interview in GZ -- approved!

Total: 113 days from filing to approval

Next step: naturalization!

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On 2/26/2019 at 12:00 AM, Dongbei said:

The other main question I have is how far in advance to file. It seems the processing times vary widely between field offices and I'm really unsure about how early we can/should file an N-400 under 319(b).

 

Did you guys already applied? How far in advance? 

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