Qian

On 4/1/2025 at 9:37 AM, Afrim G said:

Thank you so much for this. Did you select the DC office for the interview or did you just go by the one in your home state, as I read conflicting info that some offices do not have much info for this program? Also how long did it take from start to finish and were the fingerprints taken at a US Embassy abroad?

I selected my home State out of convenience but I could have chosen anywhere. I heard from other users that DC is lot faster and more familiar with this type of cases. 
I think it’s about 6 months from submitting N400 to getting an interview, I have definitely heard of cases much quicker, depending on your state. It was the police station that took the fingerprints. Every country seems to be different. 

On 3/26/2025 at 9:33 AM, Afrim G said:

@Qian 

Dear Qian,

First of all thank you so much for this post, its truly so helpful I think an experienced immigration attorney has less knowledge than yourself, hats off!

I am trying to do this for my wife and i just had a few questions if you dont mind based on your experience, I am in similar boat as you only I am working for my own company with operations in US and Europe and we are residing in Europe currently. The company falls under the category for foreign trade/US clause my question is the following:

1. Based on your experience is it ok if smaller companies arequalified, considering i am the COO company does about a $1 million in sales?

2. Can you share redacted samples that you have used or show me any for documents, cover letters and such?

Thank you again so much 

Thank you Afrim for your kind words. It’s really pretty straightforward as almost everything I needed wason USCIS’s website and this forum.

Re your questions,

>1, I don’t think the scale of the business matters really, as my husband’s home office is not a nation wide well-known firm of any sort, and the revenue, numbers of employees etc were not asked. We did provide the info, just to show the legitimacy.

It’s on us to convince the officers that you are contributing to the economy/trade in the USA. That’s why I think the cover letter and supporting documents are extremely important.

>2, My cover letter may not be relevant to your case as the nature of businesses possibly is not the same. What I can say is that, give a very detailed description of your business, especially on “HOW” your company is benefiting the USA. I.e. you provide jobs in the USA?(how many) , You generate revenue and provide opportunities for shareholders in other industries in the US? You contribute in US taxes? (For how long and how much), etc.

As well as your future plans, including the outlook of your business, and how much longer you might need to stay abroad etc.

Again, my experience has made me believe that the agencies are quite reasonable and fair, if your case satisfies the requirements by laws, you will be approved. So provide as much evidence as you can, and all the best!

Please do report back help other together. Thanks!

On 3/26/2025 at 9:33 AM, Afrim G said:

 

On 9/20/2024 at 3:00 AM, Anknyc said:

Hi All,

First off thank you for this information. It has been super helpful. I am planning on going through the IN319B process, does anyone know what happens in the following case

my wife and her son (my stepson) recently received their green cards through AOS. If we apply for IN319B as my job will station me abroad, can I apply for my son? In what way would he receive citizenship so he does not break his continuous residency requirement?

Don’t quote me on this, but I want to say her son might qualify for 319B as well, I feel I read about it somewhere. I was trying to find it, but not yet. Do some reading on the USCIS policy manual, volume 12, Part G, Chapter 4. You can find almost everything here.

On 9/18/2024 at 12:43 AM, Mail2n said:

319 has no Roc

I found more info on this, ROC is still needed for 319B if you do not file N400 before reaching 90 day window.

I’m glad that USCIS has clarified more on this- the filing of N400 matters.

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

Quote directly:

Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence.^[10]

A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if:

• The CPR spouse has been a CPR for less than 1 year and 9 months; and

• The CPR spouse does not reach the 90-day filing period for the petition to remove conditions prior to the final adjudication of his or her naturalization application or the time of the Oath of Allegiance.^[11]

15 minutes ago, Qian said:

Hi Mark, I can see this is being tricky, as we all want to do the right things. One hand I want to say that I personally do not see she getting in trouble if your assignment being cut short, assuming you company had provided you with a contract or things-alike stating your oversea assignment would be longer than a year to start the process. On the other hand though, I wonder if you were being called back before the process is over, you might have to offer this piece of information at least at the interview. This is just my personally oppinion. Good luck!

P.S. I just saw this: “(2) Notify the Service immediately of any delay or cancellation of the citizen spouse's assignment abroad; and” from https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.2

On 9/18/2024 at 12:27 AM, MarkS24 said:

Hello,

 

I am a USC, my company just assigned me to our partner location abroad. We will have to live there for 2 years, departing in 3 months... however my wife was just granted her GC. I believe that the INA 319B would be a good solution for us.

However, knowing my manager, I believe that I could be reassigned back to the States in 6 months, as decisions in my company are a bit chaotic at times.

 

tl;dr:

Would my CPR wife get in trouble if we return to the US earlier than 1 year if granted citizenship through INA 319B? Is there anything that we will need to report once the 1 year abroad has been met?

 

Thank you, we are trying to navigate this situation and the moving preparation.

Hi Mark, I can see this is being tricky, as we all want to do the right things. One hand I want to say that I personally do not see she getting in trouble if your assignment being cut short, assuming you company had provided you with a contract or things-alike stating your oversea assignment would be longer than a year to start the process. On the other hand though, I wonder if you were being called back before the process is over, you might have to offer this piece of information at least at the interview. This is just my personally oppinion. Good luck!

On 9/18/2024 at 12:41 AM, Mail2n said:

Immigration Lawyers in US mostly dont like things they dont know and often give wrong advises too.  They are set in certain applications they do routinely 130 h1b n400 etc which they do all the tome and have less work other than routine . Which makes sense why break head when u can make money on repear stuff .

 

Yes military process is defferenr and onky 3k or 4k ppl apply for yr and lawyes have no incenrive to worry about that small number .

 

But there are still some passionate lawers who do waivers and complrx cases just for the challenge. And big llaw firms are allways useless they only do the Robo work and you will benefit in stright farward cases with their name to get stand out . Thats all.

 

For restvwe need that passionate lawyer. 

 

Thanks for posting this it will help many

You are absolutely right on this. With all the transparent info and step by step instructions, straightforward cases like this can be easily DIY-ed. Not only about the coas, you are in control of your timelines and getting updates. Good luck everyone.

On 9/18/2024 at 12:43 AM, Mail2n said:

319 has no Roc

It used to be required when I applied, you might be right though, the April 2024 manual had a lot more mentions regarding 319B than before, I suggest everyone who is interested in this category read the filling instructions carefully. It has a lot of useful information. Like this:’’Military members applying under INA section 329 and certain spouses of U.S. citizens employed outside the United
States by qualified organizations under INA section 319(b) do not need an approved Form I-751 or Form I-829.

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.