Ivana&Scott

Hi bonnerbonner,

thank you for your response. I am a permanent resident since OCT 2010( came with K1 visa) and got permanent resident card for 2 years. Are you sure I do not need to renew my EAD?? My EAD was given only for 1 year. On USCIS page I read that:

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

Huh, I guess I really do not need to renew that after I have my permanent resident card...

I do not know much about 319b, but after having a "permanent green card" you no longer need to apply or renew your work permit. Your green card allows you to work without INS authorisation.

Hi bonnerbonner,

thank you for your response. I am a permanent resident since OCT 2010( came with K1 visa) and got permanent resident card for 2 years. Are you sure I do not need to renew my EAD?? My EAD was given only for 1 year. On USCIS page I read that:

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

Hello guys,

I am desperate and need an advice regarding my application for expedited naturalization. Here my story:

My husband is a government (civilian) contractor, working for the US Army in Germany . His company is providing contracted services for the Department of Defense. We have lived in Germany since June of 2011 and after extensive research we felt we met the requirements to apply for expedited citizenship under section 319b of INA and decided to do so. After the obligatory mountains of paperwork and fees I submitted my application package and send it to Vermont Service Center , clearly stating in my cover letter that I want my naturalization interview and oath to go through USCIS Office in Fairfax , VA as is my right under 319b. Apparently this office has a reputation for being more familiar with 319b cases and from what I read many have gone through the process there and obtained expedited citizenship with little difficulty. How wrong I was.

After months of waiting, submitting paperwork, and going through all of the required motions (all the while never detecting any hint of a reason to believe there would be any issues or reasons not to grant citizenship), I got my Interview date for 02 November 2011. Naturally, they first gave us an interview in San Antonio, Texas (why they choose there we still have no idea) but after clearing up the mistake and securing an interview date in Fairfax, Virginia as we had requested, I purchased a ticket to the US and went to my interview. At first, all went extremely well. I went through the interview without a hitch and passed the exam, even with compliments from the IO of my knowledge of the US and her history.

Then something very unusual and certainly unexpected happened. It all came crashing down when, after it was all said and done, I asked the Immigration Officer if it is possible to get an oath ceremony the same day, because I had a returning ticket to go back to Texas next day. After congratulating me for doing so well on the exam and everything else, suddenly he told me that in my case that is not possible because my husband do not qualify 100% under section 319b and decision need to be made from somebody else who wasn’t available today at the office. Apparently they didn’t have an immigration officer who was competent enough and familiar with 319b cases present at the office on this day, and I had to call him next morning, after he spoke to another individual whose title and function was never made clear to me to find out what decision was made and if the decision was favorable, I was to come in to the office later that morning for the oath ceremony.

So, the next morning, after trying to phone him on the dot and finding him unreachable, I finally contacted him after calling every fifteen minutes until well after 8.30am . When I finally did get him on the phone, he stated that he had no news for me and fell back on his story from the day before, still insisting that that husband may not be 100% qualified to sponsor me under 319b section as a government contractor and all the while still refusing to explain exactly why.

During the entire process from start to interview day there were absolutely no indications that I would not qualify and USCIS led me to believe right up to the last minute that I qualified for this. The same evening after my naturalization interview I checked my case status online and I saw that my status changes from Testing an Interview to request of evidence. That made me more confused, because on the Interview I asked him many times if he need more additional documents and he had stated more than once “absolutely not”.

As can be expected, I am very upset with all this, as months and thousands of dollars have been utterly wasted for this and I really need to know why exactly my husband doesn’t fit 100% under section 319b and what can be done from here on out. The IO was utterly incapable of explaining to me why I do not qualify 100% and I need to wait and I strongly believe he really didn’t know but just did this to save face and not appear incompetent. I simply can not wait 120 days USCIS to decide, but do I have another choice??

Furthermore, I am put in an even more difficult position as I intentionally did not renew my work permit fearing that two pending application for USCIS would cause confusion and the incompetent staff would only make a mess out of the situation instead of realizing what I had done and why.

Now, after losing so much money I would like to obtain employment to recover some of the lost funds; yet to renew my work permit will take another three plus months and I do not know if that’s a good idea to apply right now or to wait and see if there will be a favorable decision regarding my case.

Me and my husband are beyond frustrated and are utterly at a loss as to what to do next or what course of action to take to rectify this, as we have no idea what went wrong. We are desperate for help and feel powerless to do anything as we have no idea what the problem is in the first place.

I know we need to look for a competent lawyer but please if anyone can give an advice will be highly appreciated.

Dear All:

I am a US citizen working for a US private research company as contractor. I was working with same company since Feb 2001 as an Employee in Seattle, Washington and since 2008 as a contractor(IRS classification 1099-MISC) in Bangladesh. My job is to supervise their research project & promote business in Bangladesh. My wife got her green card last month & now she is with em in Bangladesh

My question is:

>> Can I qualify to apply for Citizenship under INA Section 319b?

>> If I qualify, what kind of documents I should collect from my employer to provide with the application packet.

>> Do my wife has to submit my tax return copy with the application? Because my wife never submitted her tax return yet.

Thank you in advance for your help.

Regards

Kabir

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Hi Kabir,

I am in the middle of 319b of INA. My husband is a contractor working for the army in Germany and we enclosed in the package the following:

•Copy of USCIS - INA § 319 (b) Expedited Naturalization

•Copy of USCIS - INA § 319 (b) Expedited Naturalization FAQ

•Application Fee - USD $595.00 if you apply from abroad!

•Two (2) completed FD/258 Fingerprint Cards completed in the nearest us embassy or military base.

•Form N-400 - Application of US Naturalization, completed and signed

•Two (2) Biometric Passport Style photos

•Photocopy of US spouse’s Passport

•Photocopy of applicant’s Passport

•Photocopy of applicant's Permanent Residency Card (front & back)

•Photocopy of US spouse's Birth Certificate

•Copy of applicant's original Birth Certificate and official English translation

•Photocopy of Marriage Certificate

•Photocopies of US spouse's Previous Marriage and Divorce Certificates( if you have)

•Evidence of continued marriage, including photocopies of 2010 jointly filed Federal tax return, joint bank account statement, and rental contract for current residence in Germany.

•Affidavit of Applicant stating good faith intention to reside in the continental US upon termination of spouse' s employment abroad - notarized copy.

•Affidavit of Employment from spouse's employer, notarized photocopy

•US spouse's Employment Offer Letter from spouse's employer - notarized copy

•Foreign Service Agreement (FSA) Letter from US spouse's employer - notarized photocopy.

•Letter of Authorization (LOA) for travel to and employment in Germany from US spouse's employer - notarized photocopy

•Photocopy of US spouse's Contractor Access (CAC) Card - front and back

If your wife never submitted tax return with you is not a problem. Just put a copy from you tax return for the last 1-3 years in a case they need.

About if you qualify read this:

Your U.S. citizen spouse must be “regularly stationed abroad” as:

A member of the U.S. Armed Forces;

An employee or an individual under contract to the U.S. government;

FAQ – 319(b) of the INA

o An employee of an American institution of research recognized as such by the Attorney General;

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

o An employee of a public international organization of which the United States is a member by law or treaty; or

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse’s employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization.

Where can the interview.

The letter from your employer must include the following info:

A letter on official letterhead which states:

o The title of the official attesting to the facts in the letter;

o The name of the institution, firm or corporation and whether the official has access to the company’s records;

o The nature of the business that the employer conducts;

o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.;

o The ownership structure of the enterprise; and

o The facts of your spouse’s employment, the basis of your spouse’s hire (contract, permanent employee, etc.), and the length of your spouse’s overseas employment.

If you have any other questions write me any time.

Good luck!

USCIS_319b_FAQ1.pdf

Interpretation 319.2 - Citizenship by Spouse Abroad.pdf

__Sec._319.2.pdf

__Sec._319.11.pdf