Military Spouse Expedited Naturalization in Spain

[chako- 1]

Hi everyone! So I have some questions about my naturalization process.

 

I applied for my citizenship under INA 319(b) since my husband is an active duty and we are currently residing in Spain. I have a conditional green card (2 years) I am confused right now that they want me to fly back in the USA for the interview and oath taking, Is there any way that we could fix it? Like to process everything here in Spain (Madrid) including the interview and oath taking since it is really hard to fly back in the US right now because of the restrictions of borders accross Europe. 

 

As far as I could understand, Some people who did the process did not went back to the US for interview and get it done where they actually residing at. But what I do not understand is, How they did that? Did I filed my paperworks wrong? Should we withdraw it and file a new ones?

 

We are married for 2 years and will be 3 years next year around Sept. If that is the case and it is regarding of the time frame of your marriage, Should we wait for the 3 years marriage anniversary? Since I only have a 2 years green card and we are in Spain due to Military orders. 

 

Please anyone who could put an input for me, I am highly appreciate it! Thanks in advance! 

[JeanneAdil 6,258]

This is listed for expedited under INA 319(b) on USCIS site:

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

 

A spouse of a member of the U.S. military applying under this provision may also qualify for naturalization under INA 316(a) or INA 319(a), which could permit him or her to be eligible for overseas processing of the naturalization application, to include interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.^[8

[chako- 1]

I read the link and now I am thinking, I filed it on the wrong form, Because I filed for the section INA 319 (b) instead of 319 (a). Is that right? Should I withdraw it and refile it under 319 (a) and Mark section D(others) and writes in: "319 (e) Overseas Naturalization"

 

Is this right? I am not sure but as I was reading it, Maybe that is the right way to file it?

[Iscir 295]

1 hour ago, chako- said:

I read the link and now I am thinking, I filed it on the wrong form, Because I filed for the section INA 319 (b) instead of 319 (a). Is that right? Should I withdraw it and refile it under 319 (a) and Mark section D(others) and writes in: "319 (e) Overseas Naturalization"

 

Is this right? I am not sure but as I was reading it, Maybe that is the right way to file it?

no, you filled correctly. You need to be married for 3 years and also be a permanent resident for 3 years (or LPR for 5 years) to qualify for naturalization overseas. You have only been married two years so you don’t qualify for that yet. Here is another link that explains it https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-9

[chako- 1]

7 hours ago, Iscir said:

no, you filled correctly. You need to be married for 3 years and also be a permanent resident for 3 years (or LPR for 5 years) to qualify for naturalization overseas. You have only been married two years so you don’t qualify for that yet. Here is another link that explains it https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-9

Okay, So this is confusing to me now. 

 

We will be 3 years married on Sept/22. 
But, I only have a conditional greencard (2 years) Can I refile my application overseas when we reach the 3 years of our marriage regardless of me only having a condional greencard? Am I gonna be eligible to file it overseas?

 

Because there is no way I could be a 3 years permanent resident if I only have a 2 years greencard right? Not unless I will file an ROC and file for 10 years GC. 

 

And the thing is, We wanna do it in any US Consulate here in Spain. I am just really confused right now how some people expidited theirs without even going back to the states and only have a conditional greencard.

[Iscir 295]

2 hours ago, chako- said:

Okay, So this is confusing to me now. 

 

We will be 3 years married on Sept/22. 
But, I only have a conditional greencard (2 years) Can I refile my application overseas when we reach the 3 years of our marriage regardless of me only having a condional greencard? Am I gonna be eligible to file it overseas?

 

Because there is no way I could be a 3 years permanent resident if I only have a 2 years greencard right? Not unless I will file an ROC and file for 10 years GC. 

 

And the thing is, We wanna do it in any US Consulate here in Spain. I am just really confused right now how some people expidited theirs without even going back to the states and only have a conditional greencard.

I’m not an expert, but from what i’ve read .... If you applied under the other section, 319(e), then you would have had to apply for ROC first when your window opens, and then when you have been a resident for three years (you would have an extension letter + expired 2 year green card) you would have been able to apply and do all the naturalization process overseas. You would have a combo interview most likely. Under 319(b) you still have to file for ROC when your window opens, but if you naturalize before that happens then you can skip ROC. 

[chako- 1]

37 minutes ago, Iscir said:

I’m not an expert, but from what i’ve read .... If you applied under the other section, 319(e), then you would have had to apply for ROC first when your window opens, and then when you have been a resident for three years (you would have an extension letter + expired 2 year green card) you would have been able to apply and do all the naturalization process overseas. You would have a combo interview most likely. Under 319(b) you still have to file for ROC when your window opens, but if you naturalize before that happens then you can skip ROC. 

Okay this one is more clear to me now. My question is how will I get an extension letter plus since my green card will expire on 12/22. I have to file ROC no matter what And file for INA 319 (e) Is that right? But I am eligible for 319 (e) as long as I am on 3 years LPR regardless if we are station overseas because of the Military orders. Correct me if I am wrong on my understanding. And thanks for the reply I highly appreciate it!

[chako- 1]

6 minutes ago, chako- said:

Okay this one is more clear to me now. My question is how will I get an extension letter plus since my green card will expire on 12/22. I have to file ROC no matter what And file for INA 319 (e) Is that right? But I am eligible for 319 (e) as long as I am on 3 years LPR regardless if we are station overseas because of the Military orders. Correct me if I am wrong on my understanding. And thanks for the reply I highly appreciate it!

My question now will be:

 

I have to file for an ROC first? How to do it? Will they give me an extension letter so later on before I hit my 3 years as an LPR and I could process my naturalization overseas? I just don't know how to do the ROC tho. I am really confused about all the different process 

[Iscir 295]

36 minutes ago, chako- said:

Okay this one is more clear to me now. My question is how will I get an extension letter plus since my green card will expire on 12/22. I have to file ROC no matter what And file for INA 319 (e) Is that right? But I am eligible for 319 (e) as long as I am on 3 years LPR regardless if we are station overseas because of the Military orders. Correct me if I am wrong on my understanding. And thanks for the reply I highly appreciate it!

90 days before your green card expires, you have to file for ROC. After you file, you will receive an extension letter. So for 319(e) since you’re a conditional resident you have to file for ROC no matter what, when the time comes. So when you meet all requirements you could apply. 
 

Basically, to apply for 319(e) you have to meet all 319(b) requirements PLUS meet the general naturalization requirements, 319(a) (be a resident for five years, or in the basis of marriage, be a resident for 3 years and live in marital union with your US citizen spouse for 3 years, etc) Requirements here: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

 

So you would have to wait a while it seems, remember you need to have at least one year left on orders at the time of application for naturalization. 
 

Here is another link

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

[chako- 1]

7 minutes ago, Iscir said:

90 days before your green card expires, you have to file for ROC. After you file, you will receive an extension letter. So for 319(e) since you’re a conditional resident you have to file for ROC no matter what, when the time comes. So when you meet all requirements you could apply. 
 

Basically, to apply for 319(e) you have to meet all 319(b) requirements PLUS meet the general naturalization requirements, 319(a) (be a resident for five years, or in the basis of marriage, be a resident for 3 years and live in marital union with your US citizen spouse for 3 years, etc) Requirements here: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

 

So you would have to wait a while it seems, remember you need to have at least one year left on orders at the time of application for naturalization. 
 

Here is another link

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

I see. so before my conditional expires I have to file for ROC then once I got the extension letter, I have to wait until my 3 years LPR status or I can file for INA 319 (e) before my 3 years LPR status expires (This is with the extension letter + the expired 2 years GC) right?

 

We will be here in Spain until 2025. 

My GC expires on 12/22. 

So I think I could do it here? 

[chako- 1]

And also, If I apply for ROC and go to the route for 10 years Green card and just file my naturalization when we come back to the US,  Do I still have to fly back to the US for the Interview for 10 years GC? 
 

[Iscir 295]

On 5/20/2021 at 9:50 PM, chako- said:

And also, If I apply for ROC and go to the route for 10 years Green card and just file my naturalization when we come back to the US,  Do I still have to fly back to the US for the Interview for 10 years GC? 
 

I read from another visajourney user I think (or maybe I read it in a facebook group), that she was being asked an interview location for her ROC interview. She is also overseas on orders. So i believe you have to go back for a ROC interview. 
 

On 5/20/2021 at 11:26 AM, chako- said:

I see. so before my conditional expires I have to file for ROC then once I got the extension letter, I have to wait until my 3 years LPR status or I can file for INA 319 (e) before my 3 years LPR status expires (This is with the extension letter + the expired 2 years GC) right?

 

We will be here in Spain until 2025. 

My GC expires on 12/22. 

So I think I could do it here? 

yes i think you could do it in Spain. But because of covid I don’t know how they’re doing interviews if they are doing them overseas. So the steps are file for ROC when it’s time for you to do so, wait until you have been a LPR for three years and have been living with your spouse for three years, and file for naturalization under 319(e) 

 

This is what I have read while doing my research about the options I had, specially the 319(b) which is the application I ended up filling for. 

Edited May 22, 2021 by Iscir

[chako- 1]

5 hours ago, Iscir said:

I read from another visajourney user I think (or maybe I read it in a facebook group), that she was being asked an interview location for her ROC interview. She is also overseas on orders. So i believe you have to go back for a ROC interview. 
 

yes i think you could do it in Spain. But because of covid I don’t know how they’re doing interviews if they are doing them overseas. So the steps are file for ROC when it’s time for you to do so, wait until you have been a LPR for three years and have been living with your spouse for three years, and file for naturalization under 319(e) 

 

This is what I have read while doing my research about the options I had, specially the 319(b) which is the application I ended up filling for. 

Ok thank you for your input! I am actually gonna be 3 years LPR on December 2023. So I think I could apply 90 days before that so I could apply on September 2023. 

 

And we will have like 1 year and 2 months left before we leave Spain. 

 

When I do my ROC will they automatically send me an extension letter for 18 months? And do I have to pay for ROC? Because if that is the case then, After I applied for ROC, 9 months later I still have to apply for overseas naturalization, So I have to pay again?😅

[Iscir 295]

57 minutes ago, chako- said:

Ok thank you for your input! I am actually gonna be 3 years LPR on December 2023. So I think I could apply 90 days before that so I could apply on September 2023. 

 

And we will have like 1 year and 2 months left before we leave Spain. 

 

When I do my ROC will they automatically send me an extension letter for 18 months? And do I have to pay for ROC? Because if that is the case then, After I applied for ROC, 9 months later I still have to apply for overseas naturalization, So I have to pay again?😅

You have to apply within 90 days before your conditional green card expires, that is, 90 days before 12/22!! Don’t send the application too early, or it will be rejected. The 3 year LPR thing is about citizenship, not ROC. 
and yes, they automatically give you an extension letter when you apply for ROC, and you have to pay for it, and then pay for citizenship.  Honestly one of the reasons i’m doing 319(b) is to hopefully avoid ROC 😜  I would just continue your 319(b) application, but that’s just my opinion. Read the USCIS website about all applications and see what’s best for your situation  Because of ROC you may still have to go back to the US probably so then why not just have the naturalization interview. 

[Iscir 295]

What visa did you have? CR1 or K1? If you came the to US on a CR1 you have to have an interview for ROC but if you came on a K1 it may be waived.