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Hong Kong 1

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  1. Hello peanut1, I have just read your insightful comments on your forum post from 2016 on VisaJourney. I am in a very similar situation as you were then. If you don't mind my asking, were you able to successfully file the N-400 319b and I-130? And thus establish LPR status for your spouse and obtain citizenship in one trip to the states? Thank you!

  2. Correct... the fact that she has a tourist visa is irrelevant at this point. If it is not possible to file N-400 (319b) and I-130 simultaneously, then I would ask what is the meaning of this statement found in the USCIS 319b FAQ sheet: "1. A cover letter (attached to N-400 application) directed to the appropriate USCIS Service Center advising them that you are currently residing overseas and that you are applying under Section 319(b) of the Immigration Act. If you are not already an immigrant and will enter with an immigrant visa, then you should also indicate that in your letter. " https://hk.usconsulate.gov/wp-content/uploads/sites/266/2017/04/acs_wwwf319_a.pdf Also another visa site: "An applicant for expeditious naturalization should fill out the N-400 and submit the standard evidence: 2 passport photos, application fee (or fee waiver), marriage certificate, proof of spouse’s citizenship, and copy of the applicant’s green card (or pending petition)." http://projectcitizenship.org/expeditious-naturalization/
  3. I am a US citizen and my wife is a Hong Kong citizen (she holds a HK Passport). I live with my spouse in Hong Kong as I am stationed here with a US 510c3 doing religious work. My wife is seeking to naturalize via expeditious naturalization under section 319(b). She currently only holds a B1/B2 tourist visa. We would like to only have to return to the US once to establish her LPR status and then immediately take the Interview and Oath Ceremony all in one trip. And then immediately return to HK to continue our work. As I understand, this would be the timeline we’d follow: 1. Simultaneously submit form I-130 and form N-400 while in Hong Kong 2. Apply for IR1 Immigrant visa at the US Consulate in Hong Kong 3. Take biometrics in Hong Kong at the US Consulate 4. Receive Interview and Oath Ceremony appointment date 5. Fly to the US just before Interview and Oath Ceremony appointment date. This will then establish my wife as an LPR… 6. Take Interview and Oath Ceremony 7. Apply for expedited US Passport 8. Return to Hong Kong with my spouse to continue work for US non-profit. Question 1: Would my wife gain LPR status when the visa is issued in her passport, or only at the moment she enters the US on that visa? Question 2: I’m wondering how do we fill out form N-400 with no A-number or LPR status? Or if that is even possible. The N-400 form is very clear in asking for this information… however it also clearly states that the applicant must be an LPR only “at time of interview”. It does not say she has to be an LPR at time of application submission. Question 3: Also, assuming my timeline listed above is correct, will the visa validity likely expire before we receive the interview date? I’m having difficulting understanding the timing of filing the I-130 and N-400. I have seen clear language used on USCIS publications stating that it is necessary for my wife to be an LPR at time of INTERVIEW. Which is different that at time of APPLICATION. In fact, page two of this USCIS FAQ sheet for 319b says to include a cover letter with your N-400 application stating: "If you are NOT ALREADY an immigrant and WILL ENTER with an immigrant visa, then you should also indicate that in your letter." https://hk.usconsulate.gov/wp-content/uploads/sites/266/2017/04/acs_wwwf319_a.pdf Thanks in advance for further insight on this matter!
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