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When to file N-400 when you fall under the section 319 (B)??? (American living and working overseas married to future Green Card holder)

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Posted

Hello all you spouses to American citizens (or the American spouse married to Green Card holders!=) 

 

I need some help!! I am an American citizen living in Albania working with a missionary organization that has an office based in the US and am married to an Albanian.

 My husband has been accepted for the Green Card, and we are soon traveling to the US to get it. 

Wondering about the timeline of things: So, after we get the Green Card, should we immediately fill out the N-400 Application and send it in? It seems like that is what we are meant to do since my husband is not required to have a 3-year residence in the US to be able to be naturalized, and this is the "expeditious way."

 

Please give any tips or advice for what else needs to be done in this 319 (b) process! (= I know there is a fee to pay and need to get proof that I will be working at least one year on my overseas duty at the time of my husband's naturalization.

 

Also, did all of you receive a sealed envelope after your interview with the overseas consulate? My husband didn't. (We did write the consulate to ask about this, but wondering if others also didn't receive a sealed envelope to hand in when crossing the border.)

 

Thanks for helps and tips!!! So ready for this process to be done as this has been years in the making!!

 

And, if I am on the wrong forum, can you help me get to the right one? I haven't been on this website much, though I love that this is available!!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Moved to US Citizenship General Discussion Forum.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

most do not give out the sealed envelope anymore as it is all on computer for CBP

 

Overseas duty N 400 is for military duty

 

To apply for citizenship as a member of the U.S. military serving overseas, you will file Form N-400, Application for Naturalization, with USCIS. You may be eligible for expedited naturalization based on your military service, potentially waiving some of the usual requirements like physical presence in the U.S. 

Filed: Citizen (pnd) Country: Germany
Timeline
Posted
5 hours ago, JeanneAdil said:

most do not give out the sealed envelope anymore as it is all on computer for CBP

 

Overseas duty N 400 is for military duty

 

To apply for citizenship as a member of the U.S. military serving overseas, you will file Form N-400, Application for Naturalization, with USCIS. You may be eligible for expedited naturalization based on your military service, potentially waiving some of the usual requirements like physical presence in the U.S. 

 

There are more eligible "Qualifying Employment Abroad" types other than military for 319(b).

 

13 hours ago, joyjoy82 said:

Wondering about the timeline of things: So, after we get the Green Card, should we immediately fill out the N-400 Application and send it in? It seems like that is what we are meant to do since my husband is not required to have a 3-year residence in the US to be able to be naturalized, and this is the "expeditious way."

 

As long as you have made sure that you fall under one of the eligible employment types your spouse can technically apply for his N400 as soon as he has his GC. I'm not sure what kinda document you could obtain from your organisation to show that a) your husband will be joining you abroad and will return to the US with you immediately after conclusion of your project and that  b) you have at least a year worth of work left in Albania. For mil filings you would typically include a DD Form 1278 signed by a commander so perhaps that can give you an indication of what you would need from your organisation.

 

Most people applying under 319(b) tend to have their interview/oath at the Fairfax office as they see the most 319(b) applications come through, but you can technically request any FO within the US. Keep in mind your spouse will need to travel back to the US for both interview and oath. Oath might not be same-day. He will need a US passport to depart the country so will likely need an emergency passport appointment if this is supposed to only be a quick trip.

 

Refer to this link for how to file specifically: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

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