peanut1

I have spoken to a couple of lawyers, one of which thought 319b only applies to spouses of US soldiers, which is not true. The breadth of knowledge amongst this community is very useful, even with an attorney.

Perhaps someone has experience doing this simultaneously, which is why I chose to isolate the question.

According to this http://www.gpo.gov/fdsys/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec319-2.pdf

319.2.2

(2) At the time of examination on the application for naturalization, be present in the United States pursuant to a lawful admission for permanent residence;

It seems like they want the applicant to land in America to pick up their green card (according to CR-1), and immediately do a naturalization interview (according to 319b).

What is your opinion?

My wife and I are planning a route to her citizenship, we live in Israel, I hold dual citizenship, she is only an Israeli citizen. First step is for her to get a CR-1 Visa, followed by Naturalization via 319b.

According to the Jerusalem's consulate's website:

Beginning August 15, 2011, petitioners residing in Israel, the West Bank, Gaza, or Jerusalem who wish to file a Form I-130, Petition for Alien Relative, may do so by filing the I-130 with the USCIS Chicago Lockbox at one of the addresses below:

USCIS Chicago Lockbox addresses for regular mail deliveries:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

Beginning August 15, 2011, petitioners who believe that their situation merits an exception, may request an exception to allow the Consular Section at U.S. Consulate Jerusalem to accept the filing. Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at U.S. Consulate Jerusalem should contact the Consular Section by email to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. USCIS has published guidance on the circumstances that may qualify as exceptional at:

http://www.uscis.gov/portal/site/uscis

I emailed them, asking for an exception, and got the following semi-automated response:

Dear Sir;

Thank you for requesting information on how to file an I-130 petition for your relative. We are no longer able to accept I-130 petitions at post. These must be filed directly through the USCIS Chicago Lockbox.

The following are the addresses for the U. S. Citizenship and Immigration Services (USCIS) Chicago Lockbox for regular mail deliveries:

USCIS
P.O. Box 804625
Chicago, IL 60680-4107

USCIS Chicago Lockbox address for express mail and courier deliveries:

USCIS
Attn: I-130
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

There are limited exceptions to this rule and any requests for special consideration, must be approved by the regional USCIS office in Athens, Greece If you believe that your request involves medical or special humanitarian consideration, please provide a request in writing to JerusalemIVinquiries@state.gov requesting special consideration. We will forward the request to USCIS for consideration.

Best Wishes,

Immigrant Visa Unit (aab)

Consulate General of the United States in Jerusalem

Do you have any recommendations for letters to grant this type of special consideration?

2 other important facts may be helpful:

1. My wife is currently pregnant, due in December 2015.

2. I was diagnosed with cancer 2 months ago, and am currently undergoing treatment in Israel. Treatments are expected to last about 4 months. (Fortunately I have an optimistic prognosis.)

What would you recommend that we say?

I re-read http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

I cannot find the exact wording that you describe as

This document clearly states that the Spouse must be a lawful permanent resident before applying N-400 ( citizenship through naturalization). Also Spouse should be in United states before the interview. So you cannot apply for N-400 before gettting green card. because you need to provide them 2 things from the green card - 1. date that you became permanent resident. and 2. Copy of green card to be submitted ( that is the only document submitted for N-400).

I did find here http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.htmlthat the spouse must be:

CR-1 visa approval is satisfactory for the LPR requirement at time of interview, because if you are approved for CR-1, the moment you land in the states you are an LPR.

According to IR1 and CR1 Immigrant Visas:

IR1/CR1 Visas are immigrant visas issued to foreign spouses of U.S. Citizens. If you follow this process, the foreign spouse will complete the visa process completely outside the US, and then arrive in the US and become a Permanent Resident immediately. Once the immigrant visa holder enters through a US Port of Entry, he or she will receive a Green Card in the mail (at their US address) within a few weeks. Additionally, sometimes the immigrant visa holder will have their passport stamped at the Port of Entry with an I-551 stamp (indicated their Legal Permanent Residency Status).

Also, If you file it before AOS is approved, then N-400 will be rejected and you'll lose money, or they will send you an RFE and request for Green card copy. And you won't even have a green card date filled in the form. So I'd advise against it. Also you have to be qualified for 319(b), i.e. Working for US organization and not Israeli private firm. Google that list.

Can you please explain the problem between the AOS and the N-400? What is AOS in this case?

As for working for a qualified firm, it is definitely work for a US organization, but how can I verify whether it qualifies before filing for 319b? Does it have to be W-2 income, can the employee be a part or whole owner of the firm or LLC?

Thanks for the quick reply!

Thank you for all of the previous threads that have let me build up my own knowledge and potential process.

I am US born, living in Israel since 2009. I am got Israeli citizenship in 2009, and maintain dual citizenship.

I married my wife in Israel in June 2015, she is not a US immigrant.

We would like to move to America after my current work is complete, and would like to prepare for my wife to gain citizenship as quickly as possible.

We will be applying for naturalization according to 319(b) [spouse of a U.S. Citizen Regularly Stationed Abroad].

Following these instructions: FAQ Sheet for Spouse of a U.S. Citizen Regularly Stationed Abroad

. My wife was planning on getting her green card first, and then applying, until I read this:

Where am I bound to get mixed up during this process?