Section 319(b) American Institution of Research Naturalization Complete Experience

[OmarStuck 24]

I have recently completed the naturalization process for my wife through the Section 319(b) clause and would like to share the A to Z experience.

 

Background

 

I am a US citizen living overseas working for a US university overseas. My wife is a non-US citizen and I wanted to get her US citizenship.

 

The typical way of getting your spouse a US citizenship is to get a green card and live together in the US for 3 years and then apply for citizenship.

 

One of the requirement for getting the immigrant visa is to show a proof of domicile for the US citizen. This is proof that you are living in the US either by showing rent contract, proof work, or anything that shows that you are actually living in the US.

 

In addition, your non-US citizen spouse will also need to live in the US for three years to get US citizenship. 

 

I had given up on getting her the US citizenship since I did not live in the US and did not have plans of moving to the US yet. Everything change when I learned about Section 319(b).

 

What is Section 319(b)?

 

Section 319(b) allows you to get an immigrant visa without the US citizen spouse needing to live in the US and the non-US citizen spouse does not need to live in the US to become a US citizen if you meet its requirements.

 

As per USCIS, (https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen)

 

Generally, if your spouse is a U.S. citizen who is employed by the U.S. government, including the military or another qualifying employer, and your spouse is scheduled to be stationed abroad for at least one year at the time you file your Form N-400, you may be eligible for naturalization under Section 319(b) of the INA.  Qualifying employers can include:

• Certain American institutions of research;
• American firms or corporations engaged in the development of foreign trade and commerce;
• Certain public international organizations; and
• Certain religious denominations or interdenominational mission organizations.

 

In general, at the time of your naturalization interview and ceremony, you must be present in the United States under lawful admission for permanent residence and you must meet of all of the requirements listed above, with the following exceptions:

• No specific period as an LPR is required (but you must have been lawfully admitted to the United States for permanent residence);
• No specific period of continuous residence or physical presence in the United States is required; and
• No specific period of marital union is required; however, you and your U.S. citizen spouse must be in a valid marriage from the time you file your Form N-400 until the time you naturalize.

 

To check if you work at an American Institution of Research, you can check the list here.

https://www.uscis.gov/list-of-recognized-american-institutions-of-research-and-other-recognized-organizations

 

Your institution can also apply to become an American Institution of Research:

https://www.uscis.gov/requesting-recognition-as-an-american-institution-of-research

 

I-130 Filing and Immigrant Visa

There is no difference in the I-130 process except in the NVC process and interview process. 

 

For the NVC process, you will need to upload proof that you are working at an American Institution of Research in lieu of the proof of domicile.

 

For the interview process, you will need to bring proof that you are working at an American Institution of Research and you might need to convince the consular officer as they might not know about it!

 

N-400 Filing

Once you have received the green card, you may start the N-400 filing. The process is the same except that you will select that you are applying for naturalization under Section 319(b).

 

In addition, you will need to do fingerprinting either at the US embassy in your country of residence or in a field office before you complete your interview in the US.

 

You will then be interviewed and will get your Certificate of Naturalization. Congratulations!

 

Our Experience

We applied for the I-130 and had no issues until the interview for the immigrant visa at the US embassy. Originally, they rejected our case as they did not accept that my work at an American Institution of Research counted as a substitute for domicile. After a bunch of emails with the embassy, they accepted it and we got the immigrant visa. Unfortunately, COVID happened and we did not travel and the immigrant visa expired. When COVID was done, we got in contact with the embassy and again they gave us the same issues regarding the domicile. Eventually,  they accepted it as they had done before. This was very stressful and was thankful that it was done.

 

We had no issues travelling to the US and we got the green card within a month of entering the US. We flew back home a few weeks after receiving the green card.

 

We applied for the N-400 on the same day we received the green card. You must select the option that you qualify for Section 319(b) when you fill out the N-400! We applied to the Washington DC Field Office as we had read online that they know the Section 319(b) process very well.

 

The N-400 was approved but we needed to do fingerprinting before they could schedule an interview. We asked to do the fingerprinting at a different field office and they had no issues scheduling it.     

 

We flew to the US completed fingerprinting at the field office and then the interview was scheduled. We then flew to Washington DC to complete our interview. We brought all documents submitted. We did the interview and my wife became a US citizen. 

 

Please feel free to comment below and I will answer any questions that come up. Please try to limit questions to Section 319(b) American Institution of Research! 

[Chancy 6,233]

On 2/25/2022 at 9:22 AM, OmarStuck said:

We had no issues travelling to the US and we got the green card within a month of entering the US.

 

Thank you for sharing your experience and congratulations to your wife for completing the N-400 process!

 

Just wanted to point out that all immigrant visa holders actually get a green card, though not the plastic one, on the day they arrive in the US with their visa.  The visa + the CBP entry stamp serves as temporary I-551 for 1 year after US entry (the visa itself should have a note clearly stating such).  As far as the US government is concerned, the visa+stamp is equivalent to the plastic green card for all legal purposes.  As such, any immigrant who is eligible to apply for N-400 via 319(b) may do so from day 1.  No need to wait for the plastic GC.

 

[OmarStuck 24]

10 hours ago, Chancy said:

 

Thank you for sharing your experience and congratulations to your wife for completing the N-400 process!

 

Just wanted to point out that all immigrant visa holders actually get a green card, though not the plastic one, on the day they arrive in the US with their visa.  The visa + the CBP entry stamp serves as temporary I-551 for 1 year after US entry (the visa itself should have a note clearly stating such).  As far as the US government is concerned, the visa+stamp is equivalent to the plastic green card for all legal purposes.  As such, any immigrant who is eligible to apply for N-400 via 319(b) may do so from day 1.  No need to wait for the plastic GC.

 

Good point!

I know about this but I wanted to make sure of the name on her card and did not want to take any risks with this. It is stressful as is.

[Kate.Alday 113]

How long did you wait? I mean dates you applied and got interview. I also applied under section 319b at September 19 and still waiting appointment of the interview. My husband went Germany at December 2021, he is government employee. We talked 10 days ago with USCIS officer and she told us we have to get appointment for interview in about 2 weeks. I hope I will get soon, because passed more than 5 months already and I am in the US and want to join my husband as soon as possible.
Thank you.

[OmarStuck 24]

5 hours ago, Kate.Alday said:

How long did you wait? I mean dates you applied and got interview. I also applied under section 319b at September 19 and still waiting appointment of the interview. My husband went Germany at December 2021, he is government employee. We talked 10 days ago with USCIS officer and she told us we have to get appointment for interview in about 2 weeks. I hope I will get soon, because passed more than 5 months already and I am in the US and want to join my husband as soon as possible.
Thank you.

If you mean the N-400 interview, we waited 3 months. We applied for the N-400 in July and got notice of the interview in October. 

[ros88 12]

On 2/25/2022 at 4:22 PM, OmarStuck said:

I have recently completed the naturalization process for my wife through the Section 319(b) clause and would like to share the A to Z experience.

 

Background

 

I am a US citizen living overseas working for a US university overseas. My wife is a non-US citizen and I wanted to get her US citizenship.

 

The typical way of getting your spouse a US citizenship is to get a green card and live together in the US for 3 years and then apply for citizenship.

 

One of the requirement for getting the immigrant visa is to show a proof of domicile for the US citizen. This is proof that you are living in the US either by showing rent contract, proof work, or anything that shows that you are actually living in the US.

 

In addition, your non-US citizen spouse will also need to live in the US for three years to get US citizenship. 

 

I had given up on getting her the US citizenship since I did not live in the US and did not have plans of moving to the US yet. Everything change when I learned about Section 319(b).

 

What is Section 319(b)?

 

Section 319(b) allows you to get an immigrant visa without the US citizen spouse needing to live in the US and the non-US citizen spouse does not need to live in the US to become a US citizen if you meet its requirements.

 

As per USCIS, (https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen)

 

Generally, if your spouse is a U.S. citizen who is employed by the U.S. government, including the military or another qualifying employer, and your spouse is scheduled to be stationed abroad for at least one year at the time you file your Form N-400, you may be eligible for naturalization under Section 319(b) of the INA.  Qualifying employers can include:

• Certain American institutions of research;
• American firms or corporations engaged in the development of foreign trade and commerce;
• Certain public international organizations; and
• Certain religious denominations or interdenominational mission organizations.

 

In general, at the time of your naturalization interview and ceremony, you must be present in the United States under lawful admission for permanent residence and you must meet of all of the requirements listed above, with the following exceptions:

• No specific period as an LPR is required (but you must have been lawfully admitted to the United States for permanent residence);
• No specific period of continuous residence or physical presence in the United States is required; and
• No specific period of marital union is required; however, you and your U.S. citizen spouse must be in a valid marriage from the time you file your Form N-400 until the time you naturalize.

 

To check if you work at an American Institution of Research, you can check the list here.

https://www.uscis.gov/list-of-recognized-american-institutions-of-research-and-other-recognized-organizations

 

Your institution can also apply to become an American Institution of Research:

https://www.uscis.gov/requesting-recognition-as-an-american-institution-of-research

 

I-130 Filing and Immigrant Visa

There is no difference in the I-130 process except in the NVC process and interview process. 

 

For the NVC process, you will need to upload proof that you are working at an American Institution of Research in lieu of the proof of domicile.

 

For the interview process, you will need to bring proof that you are working at an American Institution of Research and you might need to convince the consular officer as they might not know about it!

 

N-400 Filing

Once you have received the green card, you may start the N-400 filing. The process is the same except that you will select that you are applying for naturalization under Section 319(b).

 

In addition, you will need to do fingerprinting either at the US embassy in your country of residence or in a field office before you complete your interview in the US.

 

You will then be interviewed and will get your Certificate of Naturalization. Congratulations!

 

Our Experience

We applied for the I-130 and had no issues until the interview for the immigrant visa at the US embassy. Originally, they rejected our case as they did not accept that my work at an American Institution of Research counted as a substitute for domicile. After a bunch of emails with the embassy, they accepted it and we got the immigrant visa. Unfortunately, COVID happened and we did not travel and the immigrant visa expired. When COVID was done, we got in contact with the embassy and again they gave us the same issues regarding the domicile. Eventually,  they accepted it as they had done before. This was very stressful and was thankful that it was done.

 

We had no issues travelling to the US and we got the green card within a month of entering the US. We flew back home a few weeks after receiving the green card.

 

We applied for the N-400 on the same day we received the green card. You must select the option that you qualify for Section 319(b) when you fill out the N-400! We applied to the Washington DC Field Office as we had read online that they know the Section 319(b) process very well.

 

The N-400 was approved but we needed to do fingerprinting before they could schedule an interview. We asked to do the fingerprinting at a different field office and they had no issues scheduling it.     

 

We flew to the US completed fingerprinting at the field office and then the interview was scheduled. We then flew to Washington DC to complete our interview. We brought all documents submitted. We did the interview and my wife became a US citizen. 

 

Please feel free to comment below and I will answer any questions that come up. Please try to limit questions to Section 319(b) American Institution of Research! 

How many days did you stay in the US for the interview? Was the oath same day of the interview? How long was the interview and the oath?

Did you apply for the passport there or at the embassy overseas?

 

thanks

[OmarStuck 24]

5 minutes ago, ros88 said:

How many days did you stay in the US for the interview? Was the oath same day of the interview? How long was the interview and the oath?

Did you apply for the passport there or at the embassy overseas?

 

thanks

Oath was in the same day as the interview.

You just need 1 day for the oath and interview.

I would recommend Washington DC field office.

 

We stayed for three days. Arrived the day before, one day for interview and oath, and travelled the next day.

 

Applied for the passport overseas even though it is frowned upon. It is much quicker.

[ros88 12]

1 minute ago, OmarStuck said:

Oath was in the same day as the interview.

You just need 1 day for the oath and interview.

I would recommend Washington DC field office.

 

We stayed for three days. Arrived the day before, one day for interview and oath, and travelled the next day.

 

Applied for the passport overseas even though it is frowned upon. It is much quicker.

Fantastic!

so is a good sign that they are scheduling me correct?

what did they ask? So is the oath right after the interview?

I am scheduled for the DC office too.

Glad to hear how simple it is.

 

thanks

[OmarStuck 24]

3 minutes ago, ros88 said:

Fantastic!

so is a good sign that they are scheduling me correct?

what did they ask? So is the oath right after the interview?

I am scheduled for the DC office too.

Glad to hear how simple it is.

 

thanks

Yes, it is a good sign.

 

Easy questions about the marriage, time spent in the US, etc.

 

Have you done fingerprinting? We had a special case as mentioned above.

 

We were in the US visiting family anyways and we're able to do it in a different field office.

[ros88 12]

5 hours ago, OmarStuck said:

Oath was in the same day as the interview.

You just need 1 day for the oath and interview.

I would recommend Washington DC field office.

 

We stayed for three days. Arrived the day before, one day for interview and oath, and travelled the next day.

 

Applied for the passport overseas even though it is frowned upon. It is much quicker.

Why are they instead saying this:

 

As a United States citizen, you will be required to obtain a U.S. Passport from the Department of State prior to departing the United States (see 22 CFR 53.1). Exception to this provision can be found at 22 CFR 53.2. Please visit www.travel.state.gov for more information or call 1 (877) 487-2778.

 

[ros88 12]

6 hours ago, OmarStuck said:

Oath was in the same day as the interview.

You just need 1 day for the oath and interview.

I would recommend Washington DC field office.

 

We stayed for three days. Arrived the day before, one day for interview and oath, and travelled the next day.

 

Applied for the passport overseas even though it is frowned upon. It is much quicker.

They are saying this to me:

 

Once you become a U.S. citizen, you are required to possess a U.S. passport for international travel. You will need to make an appointment in the U.S. with the Department of State to retrieve a U.S. passport

 

 

is this true? So I need to wait 4/8 weeks?

[OldUser 4,800]

3 minutes ago, ros88 said:

They are saying this to me:

 

Once you become a U.S. citizen, you are required to possess a U.S. passport for international travel. You will need to make an appointment in the U.S. with the Department of State to retrieve a U.S. passport

 

 

is this true? So I need to wait 4/8 weeks?

Yes, you must have US passport for international travel. Pay for premium processing. It still may take a while to get it nowadays due to staff shortages and high demand for passports.

[OmarStuck 24]

1 hour ago, ros88 said:

Why are they instead saying this:

 

As a United States citizen, you will be required to obtain a U.S. Passport from the Department of State prior to departing the United States (see 22 CFR 53.1). Exception to this provision can be found at 22 CFR 53.2. Please visit www.travel.state.gov for more information or call 1 (877) 487-2778.

We went back overseas and applied for the passport.

 

As I mentioned, they prefer that you leave the country with the US passport in hand.

[ros88 12]

2 hours ago, OmarStuck said:

We went back overseas and applied for the passport.

 

As I mentioned, they prefer that you leave the country with the US passport in hand.

If you don’t yoi are still allow to travel internationally right? Why they say no 

[ros88 12]

18 hours ago, OmarStuck said:

Oath was in the same day as the interview.

You just need 1 day for the oath and interview.

I would recommend Washington DC field office.

 

We stayed for three days. Arrived the day before, one day for interview and oath, and travelled the next day.

 

Applied for the passport overseas even though it is frowned upon. It is much quicker.

What should I basically bring?

the documents that I put on the application right?