319b Expeditious Naturalization (INA319B)-A Complete Experience Report

[OmarStuck 24]

On 1/3/2023 at 3:03 PM, lovinglive said:

Thank you very much for your reply MeliCat!  It's good to learn from others' experiences.  It would be easiest to apply to the relevant office where we were living in the US, but I also read several posts where it said the Washington DC office is the best for this.  It would seem that is the best choice if they are familiar with this type of application.  Sorry to hear about how long you have been waiting with the Newark office!

 

Thank you also for your advice about filing online.  That's good to know and it will be much easier and immediate.

 

That is strange about your case with the fingerprints and the biometrics fee!  Have you heard of any case where USCIS just used the existing biometrics for the N-400?

We could not get fingerprinted in Qatar so they told us to get fingerprinted in the US shortly before our interview.

[jace5869 9]

Looks like I need to get started on this...

We have green card since December and want to take advantage of this 319b provision. 

 

Looks like there is no issues filing this online?
We can elect to have fingerprints done at interview or have them down overseas and mail them?
We do not need to do a I-751 and pay the fee if we get scheduled before the 90 day window?

[Chancy 6,233]

6 hours ago, jace5869 said:

We do not need to do a I-751 and pay the fee if we get scheduled before the 90 day window?

 

Yes.  So file for N400 under 319b ASAP if you are eligible.

 

[MHD22 0]

On 1/4/2023 at 11:19 PM, OmarStuck said:

We could not get fingerprinted in Qatar so they told us to get fingerprinted in the US shortly before our interview.

Hi Omar,

Just wanted to know how long it took for them to get in touch with u regarding the fingerprinting? And is there a specific email you have from them that I can get in touch with.

 

(11th of Nov) USCIS didn’t accept the fingerprints I did in UAE Police station and emailed me saying they will get in touch with Washington to see if they can assist me with getting the biometrics done in the states...I have not received any other correspondence from them ever since.

 

(25th of Nov) my status online changed to biometrics has been scheduled and they will mail the notice… I didn’t receive any notice in the mail.

 

(25th of Dec) called USCIS and requested a call back… not call back till today.

 

I also went online requested them to send me a copy of the notice since I didn’t receive it in the mail… they emailed me back saying my case is on hold because they are waiting for me to send in my biometrics and they didn’t even attach the notice in the email :s

Not sure what I need to do or who I need to reach out to, it’s been 2+ months without my case moving forward  

[OmarStuck 24]

On 2/3/2023 at 11:56 AM, MHD22 said:

Hi Omar,

Just wanted to know how long it took for them to get in touch with u regarding the fingerprinting? And is there a specific email you have from them that I can get in touch with.

 

(11th of Nov) USCIS didn’t accept the fingerprints I did in UAE Police station and emailed me saying they will get in touch with Washington to see if they can assist me with getting the biometrics done in the states...I have not received any other correspondence from them ever since.

 

(25th of Nov) my status online changed to biometrics has been scheduled and they will mail the notice… I didn’t receive any notice in the mail.

 

(25th of Dec) called USCIS and requested a call back… not call back till today.

 

I also went online requested them to send me a copy of the notice since I didn’t receive it in the mail… they emailed me back saying my case is on hold because they are waiting for me to send in my biometrics and they didn’t even attach the notice in the email :s

Not sure what I need to do or who I need to reach out to, it’s been 2+ months without my case moving forward  

Apologies for the late response.

 

Reply to the original email where they denied your biometrics from the UAE. Let them know that you want to schedule your appointment.

 

They should reply to your email. Just bother them a bit.

[jace5869 9]

I'm doing fingerprints today..I see some people send a biometric payment. Do I need to do that if I send in fingerprint cards?

[Qian 33]

22 hours ago, jace5869 said:

I'm doing fingerprints today..I see some people send a biometric payment. Do I need to do that if I send in fingerprint cards?

Yes, you will need to pay the biometric fee anyway. Consider that is also for “processing and validating” the cards you sent in.

[jace5869 9]

Reached out to senator to see if anything could be expedited since we're expecting, overseas and something could clash.

 

Was really expecting to hear about an appointment by now.

[lovinglive 24]

On 1/4/2023 at 3:11 PM, Qian said:

Good to know the re-use of fingerprints is possible.

Either way, the biometrics fee needs to be submitted correctly to avoid delay.

I mailed in the requested fingerprints cards, and my status had also turned to “biometrics scheduled” before it changed to “reviewed”. I believe it’s a system default.

 

Re your questions below

If you want to send in fingerprints, the local police stations might be able to help. The embassy in Singapore do not provide the service, so mine was taken at the police station.

 

The intention of return is simple. The applicant just needs to state the intention in writing. Almost word to word.

 

All the best.

 

Qian

Replying to Qian but others are welcome to respond as well.  In fact, encouraged.

 

This process of filing the N-400 was on hold for us since it took a while for all aspects of my job offer to materialize.  We have to file soon, and I may have more specific questions about that later.

 

But I'm confused about the relationship between the amount of time green card holders are allowed to spend overseas, re-entry permit, and conditions for applicants filing for 319b.

 

My wife received her green card in October, and had been in the US for nearly a year at that point.  We filed for a re-entry permit in later November, as we knew that I would like to work overseas.  Then in December, we went abroad for my wife to see her family.  Later in December, I received my job offer.

 

At this point, since starting my work has been so delayed, my wife has already been overseas for about 4 months.  Usually the advice given is that a GC holder should not stay abroad longer than 6 months, and needs to spend at least six months in the US each year.

 

Meanwhile, we haven't seen any progress on the re-renty permit in MyUSCIS online system other than saying that her existing biometrics have been re-used for the re-entry permit.   But we also haven't made any attempt to reach out to them about this (I've never talked to a real person on the USCIS number yet).

 

So, at this point, we are planning to file the N-400 under 319b very very soon, but meanwhile we believe my wife has to return to the US in order to avoid losing her green card status.  I'll have to stay overseas to do my work.  Since the N-400 hasn't been approved yet (and may not be approved) she can't afford to risk that her existing green card would be considered abandoned due to spending too long overseas.

 

Does this match your understanding, Qian, or any others who may be reading this?  In other words, is it correct that filing the N-400 does not entitle a GC holder to spend longer overseas?  (typically not longer than 6 months).

 

Thanks for any thoughts on this.

[Qian 33]

On 4/12/2023 at 12:51 PM, lovinglive said:

Does this match your understanding, Qian, or any others who may be reading this?  In other words, is it correct that filing the N-400 does not entitle a GC holder to spend longer overseas?  (typically not longer than 6 months).

 

Thanks for any thoughts on this.

Hi there Lovinglive

I totally get your confusion and frustration.

To your question, the simple answer is- you are correct, filing the N-400 under 319B does not change the requirements for GC holders.

You should start your N400 ASAP though, meanwhile, get the re-entry permit sorted out and/or have her go back to the States for some time.

If you are qualified under 319B, it should be quick.

[lovinglive 24]

7 hours ago, Qian said:

Hi there Lovinglive

I totally get your confusion and frustration.

To your question, the simple answer is- you are correct, filing the N-400 under 319B does not change the requirements for GC holders.

You should start your N400 ASAP though, meanwhile, get the re-entry permit sorted out and/or have her go back to the States for some time.

If you are qualified under 319B, it should be quick.

Thank you very much Qian,  that's good to have someone else confirm what I already thought.   At this point, we are planning to complete the N-400 in the next two days, and then she will return to the US soon, well before the 6 month timeframe.  It seems unlikely that the re-entry permit will be finished any time soon, and I'm also not clear how departing the country under a re-entry permit would affect the N-400 application. 

 

On the N-400 itself, I wonder if you could provide input with this issue:

On Part 5, info about your residence, it asks where you have lived.  Since we left the US, we have lived in two different places for about two months each.  My initial reaction is that we need to list these for the form.

 

On the other hand, I've previously read, for normal, non-319b applicants, if you set up residence overseas, that could be a reason to consider that you have abandoned your GC.  By submitting that info on the N-400 form you are, in a way, declaring a residence overseas.

 

On the other hand, continuing to list an address in the US, while we were actually overseas would not seem accurate, and USCIS probably wouldn't look favorably on that if they find out later. 

 

Do you have any idea or suggestion on how to fill out Part 5 considering these factors?

[Qian 33]

15 hours ago, lovinglive said:

On Part 5, info about your residence, i

I personally would not overthink and just answer as it is-  Part 5 first asks about her physical address, that would be wherever you guys are living in right now. 

Then, you might have a US mailing address for the second part. It’d be better if you have one as it’s easier for them to contact the applicant- USCIS did call my mother-in-law to look for me for an interview date.

Then your two different places should be listed too.

 

She’s not abandoning her GC if she’s going to apply under 319B, as the continuous residence and the physical presence is not required. Also, that’s the whole purpose of the policy- to facilitate the spouse to live with the 319B qualified US citizen abroad. It works to her benefits really when she applies, because she needs to show her intention to leave the US to live with you after taking up the citizenship.

[lovinglive 24]

16 hours ago, Qian said:

I personally would not overthink and just answer as it is-  Part 5 first asks about her physical address, that would be wherever you guys are living in right now. 

Then, you might have a US mailing address for the second part. It’d be better if you have one as it’s easier for them to contact the applicant- USCIS did call my mother-in-law to look for me for an interview date.

Then your two different places should be listed too.

 

She’s not abandoning her GC if she’s going to apply under 319B, as the continuous residence and the physical presence is not required. Also, that’s the whole purpose of the policy- to facilitate the spouse to live with the 319B qualified US citizen abroad. It works to her benefits really when she applies, because she needs to show her intention to leave the US to live with you after taking up the citizenship.

Thanks Qian, that's great.  I think you're right we should file it that way.

 

Where we live its practically impossible to get fingerprints except from the Embassy.  The Embassy probably wouldn't entertain doing the fingerprints before we have submitted the N-400 and perhaps get an RFE.

 

On section 5 it will list our current address overseas, but as mentioned soon my wife will return to the US.

 

Is there any way to indicate this to them so they can consider setting up an appointment for the fingerprinting?  Perhaps in a cover letter?  Or is there some way to add a comment on the N-400 form?

 

Or perhaps she should file a change of address when she arrives in the US.

[Qian 33]

On 4/15/2023 at 7:59 PM, lovinglive said:

s there any way to indicate this to them so they can consider setting up an appointment for the fingerprinting?  Perhaps in a cover letter?  Or is there some way to add a comment on the N-400 form?

 

Or perhaps she should file a change of address when she arrives in the US.

I’m not sure, you could always try, but I feel it might confuse things even more. 

I would keep things simple to make it easier for the officer who is handling your case.

[lovinglive 24]

9 hours ago, Qian said:

I’m not sure, you could always try, but I feel it might confuse things even more. 

I would keep things simple to make it easier for the officer who is handling your case.

OK, yes I do think there's a lot of possibility for them to get confused.  

 

From the cases that you've seen, when the person files N-400 from abroad, how does USCIS then obtain their fingerprints?  I've seen some people say that USCIS arranges for them to submit it in the US before their interview, but not sure what triggers that.

 

As I said, I have doubts about whether we will be able to get it while we are here as the Embassy may just refuse to do it.  For a local police station, I strongly guess USCIS would reject the work of local police, or again the police may just refuse to do it.

 

By the way, we submitted our form online.  We may add some additional documentation to the profile related to bona fide relationship.

 

Will keep you all posted on what happens,  Thanks for all your hep Qian!