Qian

On 8/26/2023 at 3:10 AM, Chloe257 said:

If I qualify for ina 319(b) and I immediately leave the States for abroad after receiving my green card, is the goal to apply for naturalization within 6 months? Would that override the green card requirement not to be away for more than 6 months? What if the naturalization application is still pending for more than 6 months and Im still stuck abroad? Will my green card still be valid? Thanks!g 

319B doesn’t overwrites the green card requirements, I believe. One of the 319B criteria is to be a LPR at time of filing. Thats’ important. 

I would play safe traveling back and forth before you get approved. I remember I traveled about four times during the period, and I also always carried my acknowledgement letter of N400 with me. Even with that, one time at ORD I was suggested to get a “travel document”.

Hope this helps.    

Congratulations @lovinglive BTW!

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.

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.

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.

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.

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

20 hours ago, lovinglive said:

 

I hope we can get fingerprints but it's just that it relies on the Embassy being willing to provide the service.

 

There was also some discussion of a letter stating intention to reside together after the completion of the employment contract.  Since my wife had her green card approved very quickly we did not actually set up that much of her documentation in the US (she actually received a SSN right at the same time as the green card).  However we do have a lot of documentation of our long term relationship that was submitted with I-130.  I wonder if that will suffice?  

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

17 hours ago, lovinglive said:

Dear Qian and others who shared their experiences, 

 

Thank you for sharing your experience with this little discussed part of the citizenship process.  Your comprehensive information was very helpful in explaining how this procedure works.  I have a few questions before we submit an application for my wife based on 319b.

 

My wife received her green card in October, and then she wanted to see her family so we went overseas.  We applied for a re-entry permit at the end of November.  Recently I received a job offer overseas for one year with the possibility of extensions.  Since it is only for one year, I believe we basically have to apply at the right moment- just before I start working- since the law says that the US Citizen spouse has to have one year remaining on their contract.

 

This leaves us with a limited timeframe, so the first question I have is:  how long does it take or how difficult is it to fie the N-400 and relevant attachments?

 

Second, as I mentioned, we are already overseas.  Can we file the N-400 online or does it have to be sent by mail?  (I am concerned mail is unreliable or delayed).

 

Regarding the fingerprints, do they have to be sent at the time of filing the N-400, or can they be sent later? Is it possible this requirement will be waived if my wife's biometrics have been taken recently?

 

Thank you in advance for any information on these questions!

 

Hi Lovinglive

It’s very rewarding to hear that our experiences are helping other people!

Regarding your questions, this is what I think. I hope others can offer some ideas too.

1. To file the N400 is pretty straightforward, just basic info and documents. The biggest part I think, it’s the cover letter and the employment contact, that to support your eligibility of 319B. You will need to convince the authorities that your job qualifies the requirements. Probably you could start writing it up already.

2. I do know people applied online from overseas and it went ok

3. You don’t have to include fingerprints at the initial stage, you can send it in later. I am not sure you can be exempted and somehow I feel maybe not, but they will let you know one way or another. If you want to save time, maybe get two sets done and send in all tougher.

Good luck with the application!!!

Qian   

15 hours ago, ros88 said:

Thank you for sharing your experience!!

 

i am in the same situation and I need some help to file under 319b.

Do you have any example of cover letter and employment letter to explain everything clearly to uscis?

 

thank you

Hi ros88 

Most likely all the employment cases here are different, so I wouldn’t think any templates help too much.

All you need to address are

-What kind of business

-What kind of role

-Long long is the assignment

And the decision would be on USCIS’s hand if it is an eligible B319 case.

All the best!

Qian

16 hours ago, Truth_Seeker said:

So, today we got in the mail our packet back.  They refused it because they claim I had the wrong fee.  Which I know is wrong.  What they probably saw as that the fee was the normal fee minus the biometric fee.  You know you can't fix stupid.  And stupid is as stupid does.  And of course they shred the evidence of their stupidity.  

 

 

With this said, I am thinking about submitting online.  Has anyone else done a 319 Overseas Online with any issues?

I’ve heard more than one person submitted online while living overseas, they didn’t have any problems, you should be fine.

So, did you submit the biometric fee or not? Just so you know that we will have to pay that fee even if we get fingerprinted outside the States. The fee is considered as for “processing” the data. There has been discussions about that.

Good luck!

13 hours ago, Truth_Seeker said:

So, I mailed off our packaged to the Arizona Lock Box per their instruction on the  2 August 2022 and asked that we be interviewed in Seattle.  How long does a 319b application take.  My understanding is that they are to get special handling.  Is this true?

I don’t think anybody knows how long it’s going to take but I tend to believe it gets handled differently. Good luck!

Thanks @Iscir

Interesting! I never thought about it that way. I think you are probably right.

I guess it sounded to me that,  that part is talking about the spouse’s eligibility, and the employment is separately specified. 

Anyway, good luck @Likica

4 hours ago, Likica said:

@Qian Hi Qian - you mentioned under one of your key points when filing that you were married more than one year when filing. Is it a requirement to be married more than one year when filing for naturalization under 319(b)? 

Hi Likica

Yes, that is correct.

See below for your information:

A. General Eligibility for Spouses of U.S. Citizens Employed Abroad

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage.^[1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization.^[2]

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Married to a U.S. citizen spouse regularly stationed abroad in qualifying employment for at least one year.

• Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen spouse’s termination of employment abroad.

• Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization.^[3]

• Understanding of basic English, including the ability to read, write, and speak.

• Knowledge of basic U.S. history and government.

• Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.^[4]

• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law.

On 4/23/2022 at 3:02 AM, mrbtx said:

I have just submitted my application today. I will keep the thread updated with my progress. Thank you everybody here for the help that has already been shared. 

Good luck! And please report back, looking forward to hearing about it.

On 4/18/2022 at 2:53 AM, mrbtx said:

If I am submitting the N400 form online, do I just need to take a picture of the 2 x passport photos that I have, and attach them as evidence?

 

Also, if I am still in the US at present, but will be relocating in the next 6-8 weeks (Abroad address not yet known), should I put my current address as my current home, and my mailing address as my in-laws? (US based address), or, should I put both my current and mailing address as my in-laws? 

Somebody correct me if I’m wrong, I think when you are invited to your biometric appointment, you would be submitting your passport photos at the same time- since you are still in the State side.

You don’t have to have an overseas address, especially you are applying right now from the States.

Thank you @miniAussie1for the update!

We could help more people with the reports from recently approved applicants!

And huge congratulations to you!

Qian

4 hours ago, mrbtx said:

Hello everybody, I made a post on another part of this forum and somebody linked me very kindly to this thread. I am hoping that the experience here can help guide me with my situation. 

 

I just received my Green Card last week (via AOS with marrriage to a USC), however, my USC wife is being asked to relocate to Europe for the next 2 / 2.5 years with her very large and well known US conglomorate company. 

 

Initially I was thinking that I can only apply for a re-entry permit, and I will return back to the US within the 2 years to remove conditions and stay here, however I believe that we may (hopefully!) be eligible for 319(b) expeditious citizenship due to the criteria "American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof"

 

Has anybody here filed for 329(b) without going down the military route? 

 

If so, how likely is it that we would be approved given that she is an executive at a large US based company, and will be going to Europe to develop their international business. All of which ultimately benefits the US entity. 

 

If this is something that you guys think would be possible, I would love to hear your thoughts. Thank you so much. 

 

 

I believe you are eligible to apply today (online/mail) already, of course, the eligibility is judged by USCIS, and you can certainly DIY it.

My case was not military, that’s why I posted my experience at the first place. Have been receiving questions ever since, many of them were non-military and their cases have been approved within a couple of months too.

Saw your other post, and I think you are interpreting it correctly, you are on the right path.

The most important document of it all, is about your spouse’s employment. You will need something like a letter of employment or a contract from the company, and a description of the company.

If the eligibility can be established, your case should be done before you reach the 90 days window to file AOS.

Good luck!

Qian

1 hour ago, Rocio0010 said:

Not quite. For naturalization, OP needs to prove continuous residency in the same State where she's applying for a period of 90 days leading up to the application time.

No, for certain eligible employments, the continuous residence or physical presence is waived.

Look up INA 319B

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

You might be eligible for naturalization already.

Good luck.

3 hours ago, miniAussie1 said:

Hi All - Thank you so much for posting your experience and a special BIG THANK YOU to @Qian for giving us hope to get this through ourselves, even after multiple immigration lawyers stated they did not want to help.

 

 

A few questions for this amazing group:

1. Does my US Citizen spouse need to accompany me to the interview? (I have seen no but want to double check)
2. I would like to leave right after the oath ceremony, do you receive a physical naturalization certificate right away?
3. I know someone have done this, but email from USCIS clearly states that I need a "valid passport" to leave the US. Has anyone recently left on their old passport and applied to their overseas embassy? (Also it does not say valid US passport to leave the US but I am assuming here)
4. Do I need to notify USCIS about my pending i-751 or something about putting them together? and if so how do I do this?

 

Thank you for the help!

Hi there

How exciting! Looks like you are on top of things, and all look great!

Re your questions:

1. The USC spouse does NOT have to be at the interview

2. Yes, your will be issued a certificate of naturalization at the oath ceremony 

3.I left Texas with my old passport because the return tickets were booked under my old passport, and I applied at the US embassy here in Singapore

4.I believe all your applications are on file at one place, when USCIS arranges an interview they will take it into account

Good luck!!!

Qian

2 hours ago, JSWH said:

Thanks for you reply. Funny enough, minutes after posting my question here my case status got updated to The Interview Was Scheduled! My interview is on March 5. I am still in shock and disbelief that it's happening... 

Congratulations! Sorry I replayed to the original questions before I saw this.

(But I was right, I said it’d be happening soon. Lol)

Good luck!

3 hours ago, JSWH said:

Hi @Qian,

 

First of all, thank you so much for this incredibly helpful topic. I used your information as guidelines when assembling my citizenship application under INA 319(b) provisions. 

Second, I have run into some issue for which I could use your advice. 

My husband is a civilian contractor working for the US military abroad since August 2021. As soon as we had his orders in hand, June 2021, I submitted my N-400. We anticipated the process would take 6 months and by the end of 2021 I would have become a US citizen and move overseas with my husband. The reason why we chose for me to stay in the US for the time being was lack of employment opportunities if not a US citizen in the country of his assignment. Obviously, we did not want to loose a big chunk of our income.

Well, it's been 8 months and no interview date in sight. At this point we decided that we can not continue the separation and I will be moving soon with the N-400 still pending. My question is how would this affect the process? Does it change something in my eligibility? I will notify the USCIS of the change of address. Is there anything else I should do? Can I request to change my field office? I picked Houston out of convenience since we live here but apparently it was a mistake due to huge backlogs. 

 

I had completed ROC and had 10-year GC before the N-400 application submission. 

 

Thanks in advance for your insight. 

 

Hi JSWH

Thanks for the comment! That’s exactly why I posted it.

Agreed with Sharu below, I don’t see a problem you travel now and join him already. Call them to inform the change of address right after your move, otherwise they will arrange a USCIS office for you to do fingerprint. You need to do fingerprint locally overseas and send back to USCIS and maybe put a note to explain you are already overseas, just in case. 

I’m sure you can call USCIS try to change your office, but I personally won’t do that. Becases, 1) I don’t want to confuse things, and cause potential mess 2) once you join your husband, another couple of months won’t be a problem 3) 8 months in, it will happen soon

I was the same way, I picked Dallas, one of the busiest office, just because family can attend the ceremony easily and I was with my husband already I didn’t mind waiting. 

Just my personal opinion FYI.

Hang in there, good luck with your move

Qian

On 1/22/2022 at 12:59 AM, Lawrence_ said:

Application Questions:

1. Current Address  (See attachment)

- Our current mailing address is a FPO military box.  Online it mentions not use it if have another address.  We could use our overseas physical address and or our Permanent U.S. Address, but ideally we would use the military FPO box.  What are your recommendations?  

 

2. History of Residence

- Should we include her permanent address in the states?  I.e.. the one we used for the Permanent Residency application.  Or can we just omit it and use our actual addresses, which have all been overseas.

 

3.  Have you taken a trip outside of the U.S. the last 5 years.

- Well the answer is yes - we want to know if this will affect her application?  As we left 08-11-2021, and have not returned yet - Feb 11th will make 6 months.  Should we be trying to return before then or is it ok?  

Hi Lawrence thanks for your kind words.

I think we’ve got another 319B case here! All look great to me.

re your questions:

1. I would use the permanent US address, if there’s someone can get the mail for you. Having a permanent address implies her intention of returning too. That’s what I did too. They would send the hard copy notice to that address, but you could see everting online also. If you can’t get the letters from there, your FPO would be ok too.

2. Part 5- residence is about your wife’s history of residence in the past 5 years. Include all address where she has lived in in the pase 5 years, overseas and/or the States.  

3. I put all the actual dates there- dates left the US, returned to the US, and the number of days outside the US. I added a separated sheet to clarify the situation and emphasize I was applying under 319B.

Good luck! How exciting!

Qian

On 1/20/2022 at 6:01 AM, Iscir said:

I am done with my immigration process and I wanted to update this thread since it was very helpful for me. Hopefully my post will help others in the future!

 

Congratulations!!

And thank you for your update!

I did notice the updated wording on USCIS manual regarding qualifying 319B employment clearly listed “U.S. armed forces” and “firm and corporation” together, which is clearer, I think.

Here I quote the updated description for anyone who is interested:

• Government of the United States (including the U.S. armed forces);

• American institution of research recognized as such by the Attorney General;^[13]

• American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

• Public international organization in which the United States participates by treaty or statute;^[14]

• Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

• Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

16 minutes ago, Rox2010 said:

Hi Qian,

I am in the same boat. I will be moving to Singapore soon. Two questions: a) do you recommend that we apply prior to moving to Singapore (two months from now) and b) once we move to Singapore, I’m assuming I can apply for employment there too right? I have read everything and nothing states that I cant be employed overseas?

 

Thanks!

Hi Roy, welcome to Singapore (in two month)

You will have to elaborate a bit more for me. Are you the foreign spouse or the US citizen? Where are you at in immigration process if you are the spouse of the USC...?

Technically, anyone with a valid status in Singapore could apply for employment. Your qualifications, experiences are the key. Things are a little tricky during this Cover time too. Got your message, we can discuss there too.

7 hours ago, OmarStuck said:

I have submitted an N-400 application last week for my wife on the basis of "spouse of US Citizen employed at American Institution of Research".

 

Will give details when process is complete.

Hope all goes well. Please report back and let us know!

Exciting!