ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Thomas F @ Nov 21 2008, 06:30 AM) <{POST_SNAPBACK}>
By the way, I know there is this rule that my wife has to leave the US within 45 days of her oath. Will the officer ask for proof of this at the interview? Right now, we have a flight for 5 April. This means that if the interview takes place before 25 February, our flight plans will show 50-55 days before we are planning on leaving the states again?

This is very premature, since we haven't received our interview letter yet...but does anyone have any thoughts? Did the officers ask you guys for proof that you would be joining your USC spouse abroad within 45 days?

That's one of the big questions I hope to get answered at our interview whenever it is...
mnbinthMaleThailand2008-11-21 07:33:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (daader @ Nov 18 2008, 07:09 AM) <{POST_SNAPBACK}>
Guys,
I just received my immigration visa (IR1) but have not yet entered the states to receive my green card. can i start the expedited 319b process now? my wife works for a contractor for USAID in Egypt and still has 2 more years to go. i believe it applies to us. I haven't found any info on whether i have to have my green card processed and received first or not!!
regards to all,
Mo

My first thought was of course you need to be a permanent resident. After reading through the legal documents, I'm not sure you have to. If you read the FAQ document on Section 319b, it says you have to follow the naturalization requirements of Section 316 and 319 of the INA, "except that no particular period of lawful permanent residence is required." It sounds like it's a question of terminology then. The word 'particular' indicates that you do need to be a permanent resident, but it doesn't matter how long. I'm not a lawyer. Anyone else have experience with legal terminology? I'd check with a lawyer if I were you because it seems vague to me. It makes me wonder if we could have skipped the time and money of applying for permanent residency. smile.gif

Edited by feyser, 19 November 2008 - 10:01 AM.

mnbinthMaleThailand2008-11-19 10:00:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Thomas F @ Nov 4 2008, 06:54 AM) <{POST_SNAPBACK}>
QUOTE (Completely @ Nov 4 2008, 04:12 AM) <{POST_SNAPBACK}>
QUOTE (Thomas F @ Nov 3 2008, 09:30 PM) <{POST_SNAPBACK}>
Well, we received our I-797C in the mail today which stated that our case has been transferred to the National Benefits Center to help with processing, but that this would not affect anything. It also said that we should hear back from them regarding the place and time for the interview within 450 days. I sure hope it doesn't take that long!

We are thrilled that our case has moved forward another step!



Congratulations!

Do not worry that 450 days usually is shorter.. My first notice indicated that the interview will be within 365 days but I received a letter after 30 days.. Might a little bit different because the election is finished (i just assume) but let us remain positive..


Thanks Completely. Very glad we will not have to wait 450 days! I have heard that others who went through Atlanta get the same letter, regarding being transferred to the NBC and the 450 day wait. Hopefully we will get an interview letter in by late December/early January. Will it come via postal mail or email?

By the way, we requested an interview in early February or late March to work around the delivery of our baby girl! Hope we get it. Also, do we have to leave the US within 45 days of the interview or the oath?


That's a good question. It sure makes it difficult to plan ahead when you don't know when the oath ceremony will be and it takes another couple weeks for the passport! The USCIS document says "You must show evidence that you will join your spouse overseas within 45 days of your naturalization." Naturalization isn't final until the oath, but how do you show proof of departure at the interview when you don't know when the oath ceremony is? I'll hopefully find out in another month or so and let you know. Anyone else know?
mnbinthMaleThailand2008-11-04 07:59:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Completely @ Oct 31 2008, 12:43 PM) <{POST_SNAPBACK}>
Hi Feyser,

Why the delay between filing and the check being cashed? Our check was just cashed on the 29th (we filed on the 22nd). Is this a good sign? What, exactly, is the NOA....notice of approval? Notice of arrival? Will it contain an interview date?

And if we do get an interview date, does that mean they have accepted our 319b request and that my wife just needs to pass the language and civics test and swear to all the good moral character stuff?


If they cashed the check, meaning they received your paperwork.. How did you mail your package? Did you put return receipt? Did you mail through registered mail?

I am so excited that the check cleared, but i have no idea what that means!!! Has anyone ever had their check accepted and then been turned down?


I had my U.S. Senator contact the Congressional Liaison Department at the Nebraska Service Center. First they said they couldn't find the application, then they said there was a discrepancy of information on the application and were waiting for approval, and finally they said that sometimes it just takes awhile... Whatever, processing has begun so hopefully it will go fast.
NOA stands for Notice of Action. It's the I-797 letter you get in the mail after your case is received and in normal processing. Next should be a letter saying when biometrics (fingerprinting) is and then the interview letter. I'm not sure at what point we are approved to apply through section 319. I'd really like to know too. I would think they wouldn't start processing if it wasn't ok. I'm not sure how my application was sent because I hired a lawyer to check into 319 and do it for me. I used a cashier's check. I work at a bank so I was able to watch and see when it was cashed.
mnbinthMaleThailand2008-10-31 17:16:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (HDIVI @ Oct 20 2008, 03:20 PM) <{POST_SNAPBACK}>
HI, I JUST FOUND OUT ABOUT THE EXPEDITED NAT. 319b, AND I HAVE A QUESTION I HOPE YOU CAN HELP ME WITH. I JUST GOT MY GREEN CARD 6 MOTHS AGO, MY HUSBAND IS MILITARY AND WE'RE MOVING OVERSEAS (JAPAN), WE WILL BE THERE FOR 3 YEARS. SO, I WANT TO APPLY FOR THAT BUT I DON'T HAVE TIME TO START THE PROCESS HERE ON THE UNITED STATES BECAUSE WE ARE LEAVING IN LESS THAN A WEEK. I CALLED THE USCIS AND THEY TOLD ME I DIDN'T QUALIFY, IT JUST SOUND LIKE THEIR AGENTS DON'T KNOW A LOT ABOUT IT, I HAVE BEEN RESEARCHING HERE ON THE WEB AND I THINK I DO QUALIFY, MY QUESTION IS, CAN I START THE PROCESS FORM JAPAN, AND DO YOU HAVE AN IDEA WHERE DO I NEED TO SEND THE N400? I READ THAT YOU DID EVERYTHING YOURSELF I MEAN WITHOUT A LAWYER, I DOESN'T SOUND VERY COMPLICATED I THINK I CAN DO IT MYSELF TOO... WELL, I WILL APPRECIATE YOUR HELP. THANKS

Don't listen to USCIS on the phone. They told me expedited naturalization doesn't exist when I called. There's some military specific information on this page. http://italy.usembas...vices/N-400.asp and from the list of forms on that page, it looks like you can do it from overseas as well.
mnbinthMaleThailand2008-10-20 23:14:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Completely @ Oct 15 2008, 09:39 AM) <{POST_SNAPBACK}>
New forms for expedite request.

http://italy.usembas...diteRequest.pdf


Interesting. The embassy in Italy had a form like this earlier in the year when I was researching, but it had military information on it. I didn't send this in with my wife's application so we'll see if we get an RFE.
mnbinthMaleThailand2008-10-18 20:18:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (kasiakasia @ Sep 27 2008, 05:19 PM) <{POST_SNAPBACK}>
i do not want to be meanie
but
this quote "Very truly yours" is totally not professional u might want to change it...you are writing to immigration not to lover or grandma LOL
other than that i think that cover letter is really good

Well, that's what my lawyer put, so feel free to make yours a little less grandma-ish. smile.gif
mnbinthMaleThailand2008-09-30 22:17:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (feyser @ Jul 1 2008, 03:59 PM) <{POST_SNAPBACK}>
My wife will be applying for Expedited Naturalization under Section 319b under the Immigration and Nationality Act. I've had a really hard time finding information on how to do this so I'll be documenting our process and posting resources for anyone that is doing this now or may need help in the future. smile.gif


Here is a much better cover letter template. Attached File  Cover_Letter_Template.doc   30KB   186 downloads
All my notes and information for your specific case are highlighted in yellow. Every case is different and you may require different documents, especially if you are in the military. I am not a legal expert and this information is only specific to our case. I hope it helps!
mnbinthMaleThailand2008-09-25 15:56:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Jo D @ Aug 27 2008, 02:38 PM) <{POST_SNAPBACK}>
QUOTE (Completely @ Aug 26 2008, 06:42 AM) <{POST_SNAPBACK}>
all this is the thread I followed..

http://www.visajourn...h...108177&st=0

I had carefully read the instruction from one of the VJ Member "misterscn" and followed everything he stated there..

Read this thread and this might help you also through the process... feyser also posted some question here before.


Thanks for your help, I found someone in the local area that might be able to make sure that i fill this in correctly. Will get back later and let you know how it goes and when I file.


I talked to my lawyer today and she confirmed that local USCIS offices have been asked to expedite naturalization cases before the elections. Anyone else heard that?

Edited by feyser, 28 August 2008 - 09:58 AM.

mnbinthMaleThailand2008-08-28 09:54:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Jo D @ Aug 25 2008, 10:13 PM) <{POST_SNAPBACK}>
QUOTE (feyser @ Aug 25 2008, 09:59 AM) <{POST_SNAPBACK}>
QUOTE (Jo D @ Aug 25 2008, 09:50 PM) <{POST_SNAPBACK}>
Hi
I just need some info about the filing under section 319(cool.gif
When you fill in the N-400 and you come to Part 7. Time spent outside the United States. What do you put if you have been overseas in Germany for the last 3 years or is it left blank because you are filing under section 319 (cool.gif?
Any help please.


You've been out of the U.S. for 3 years and still have a green card? I'm assuming you made frequent trips and are still in good standing with USCIS.


yes, my husband is working in Germany for the Dept of Defence, US Army but has now been extended for a further 2 years which is more time outside the USA so having found out about the section 319 (cool.gif figured that i would try and get my citizenship.


You still have to put every trip outside of the U.S.
Military personnel require some extra documentation I think. I recommend contacting the HR department of the US Army that deals with immigration. You might find some more helpful information from this USCIS post. http://www.uscis.gov...00048f3d6a1RCRD
mnbinthMaleThailand2008-08-25 10:20:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Jo D @ Aug 25 2008, 09:50 PM) <{POST_SNAPBACK}>
Hi
I just need some info about the filing under section 319(cool.gif
When you fill in the N-400 and you come to Part 7. Time spent outside the United States. What do you put if you have been overseas in Germany for the last 3 years or is it left blank because you are filing under section 319 (cool.gif?
Any help please.


You've been out of the U.S. for 3 years and still have a green card? I'm assuming you made frequent trips and are still in good standing with USCIS.
mnbinthMaleThailand2008-08-25 09:59:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (NickD @ Aug 20 2008, 10:02 PM) <{POST_SNAPBACK}>
Something else to write your congressman about.


I might add that your congressman may be helpful after you file. I've used my state senator's office twice to get specifics about our case that USCIS customer service wouldn't give us. They were very helpful.

I was talking to my lawyer yesterday and she said all offices are being asked to complete as many naturalization applications as possible before the November elections. Now may be a good time to apply.
mnbinthMaleThailand2008-08-22 06:46:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (NickD @ Aug 20 2008, 12:14 AM) <{POST_SNAPBACK}>
QUOTE (Completely @ Aug 6 2008, 07:27 AM) <{POST_SNAPBACK}>
QUOTE (Completely @ Aug 6 2008, 07:19 AM) <{POST_SNAPBACK}>
QUOTE (feyser @ Jul 7 2008, 03:14 PM) <{POST_SNAPBACK}>
I went to my local USCIS office today to ask some questions about expedited naturalization. The person answering questions had no idea what I was talking about and claimed its not possible even though I was holding a USCIS document in my hand explaining it. I've called the USCIS customer service number a few times and get the same response. At least today she agreed to have a "USCIS lawyer" call me. I asked if I'd get a phone call today and the response was, "ha, yeah right." I'm attempting to do this without hiring a lawyer, but it is looking like I'll have to get one anyway.


Hi I just did my Naturalization under 319b last March and did get an interview on june 08 and have the oath at the same day.. There is a lot of people that are not aware about 319 b. If you are a contractor working overseas, and your wife is coming with you A letter of Authorization or LOA, LOI will support her application for her. I did try asking a lot of question to different people before I filed the n400 in March 08.. I figure since nobody can give me information I will just go ahead and submit all the requirements they were asking.. I dont care if I will lose hundred dollars what matters is I tried it, since my GC will expired in Nov 08, I just told myself I will give it a try and I've made it.

Here is what I enclosed in the packet (in order)

1. Cover letter (stating you are working overseas and you are applying under 319b, your job, your company) I can send you sample if you want.
2. Filled N400
3. PICTURE
4. Tax info (for for years, joint or not)
5. a letter from the company (notarized)
6. employment letter (job offer-notarized)
7. Employment agreement (notarized)
8. (2 )fingerprint card (done in US Embassy overseas)
9. Greencard (photocopy)
9. Passport (copy)
10 CAC (DOD id of my husband) or any ID from the US company you work for overseas.
11. LOI or a letter authorizing you to deployed overseas.
12. husband passport
13. marriage certificate
14. if you have a child include a copy of his birth certificate/

let me know if you still have questions. I am done with immigration finally!!!!


and also she can do this without a lwayer.. Everything I did it in my own.. d



Some of the requirements seem strange, like:

"7. You must be physically present in the United States at time of naturalization."

So you have to fly back for your interview?

"8. You must declare in good faith an intention to reside permanently in the United States when your spouse’s
employment abroad terminates."

Is this enforced? Thought as a naturalized USC, you were free to go where you pleased without restrictions, does SECTION 319(cool.gif contain restrictions?

Also assume if applying under the marriage provision, need to be a LPR for at least three years and don't bother to apply if your USC spouse has less than one year on his/her The U.S. government; or An American institution of research, or An American firm or corporation engaged in whole or in part in the development of foreign trade, or A Public International Organization or ministerial or priestly functions position.

My favorite reply from an IO is, "don't ask me, I just work here." Ha, we should start a thread on IO replies to valid questions.


7. Yes, you have to return to the U.S. for the interview and oath ceremony. We are leaving and then coming back for the interview later.

8. I can't see any way they could enforce this. It would be hard to enforce "good faith." Once you're a citizen, there are no restrictions. Good question for a lawyer though.
mnbinthMaleThailand2008-08-19 17:58:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
QUOTE (Thomas F @ Aug 19 2008, 10:43 PM) <{POST_SNAPBACK}>
QUOTE (feyser @ Aug 16 2008, 05:56 PM) <{POST_SNAPBACK}>
Due to the difficult time frame and the fact that my local USCIS office has probably never done a case like this, I decided to hire a lawyer. I'll keep updating through the process.


Do you have to be married 3 years before applying for this? We were married in September 2007, but my wife did not receive her permanent residency until July 2008. I am always stationed abroad for various reasons, and I'm not sure which would be the best way to go:

1. Self-employment as contractor for a UK bank.
2. Researcher who could potentially obtain a grant from a US foundation.
3. Maybe could get a contract via an international organization.
4. Maybe could get a contract via a US bank.

The first would be the easiest for me, but I'm not sure it qualifies. The second is more possible and the third and fourth are difficult but possible. We would really like to do this citizenship thing without the physical presence requirement. We spend half our time in the US, half our time in South America, and half our time in Europe. Ugh.


The 3 year period is waived. It does NOT speed up the application process, but it does waive the 3 year wait period completely. You'll have to talk to a lawyer to determine if you qualify. According to the USCIS document above these are the employment requirements.

The U.S. citizen must be “regularly stationed abroad” in the employment of:
• The U.S. government; or
• An American institution of research recognized as such by the Attorney General; or
• An American firm or corporation engaged in whole or in part in the development of foreign trade and
commerce of the U.S., or a subsidiary thereof; or
• A Public International Organization in which the U.S. participates by treaty. Per Title 8 of the Code of
Federal Regulations, Part 319.5, these organizations are: The North Atlantic Treaty Organization and
The UN and all agencies and organizations which are a part thereof; or
• Is authorized to perform the ministerial or priestly functions of a religious denomination having a bona
fide organization within the U.S. or is engaged solely as a missionary by a religious denomination or by
an interdenominational mission organization having a bona fide organization within the U.S.; and
mnbinthMaleThailand2008-08-19 17:49:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
Due to the difficult time frame and the fact that my local USCIS office has probably never done a case like this, I decided to hire a lawyer. I'll keep updating through the process.
mnbinthMaleThailand2008-08-16 16:56:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
I went to my local USCIS office today to ask some questions about expedited naturalization. The person answering questions had no idea what I was talking about and claimed its not possible even though I was holding a USCIS document in my hand explaining it. I've called the USCIS customer service number a few times and get the same response. At least today she agreed to have a "USCIS lawyer" call me. I asked if I'd get a phone call today and the response was, "ha, yeah right." I'm attempting to do this without hiring a lawyer, but it is looking like I'll have to get one anyway.
mnbinthMaleThailand2008-07-07 15:14:00
US Citizenship General DiscussionN-400 Expedited Naturalization 319b Information
My wife will be applying for Expedited Naturalization under Section 319b under the Immigration and Nationality Act. I've had a really hard time finding information on how to do this so I'll be documenting our process and posting resources for anyone that is doing this now or may need help in the future. smile.gif

Documents
To see if you qualify, learn about the process, and other FAQ from USCIS, view Attached File  Expedited_Naturalization_FAQ.pdf   48.45KB   909 downloads
For a sample cover letter, view Attached File  319_b__Cover_Letter.doc   26.5KB   790 downloads
For the latest Naturalization Application and Instructions (N-400) visit USCIS Forms

Dual Citizenship
If you are working towards dual citizenship in the United States as we are, read this page.
For the United States official policy on dual citizenship, visit this page. There are also some "risks" to dual citizenship.
For information on dual citizenship from Wikipedia and links to other government policies visit this page.

Edited by feyser, 01 July 2008 - 04:04 PM.

mnbinthMaleThailand2008-07-01 15:59:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
My wife arrived 11/2007, received GC 05/2008 and filed N-400 08/2008. Prior to this we had been out of the country a couple years. Despite this, on Section 7A, my lawyer wrote "0", on section 7B "0" and section 7C under countries to which you have traveled "NONE". That is because the instructions state these are only trips since receiving your green card. N-400 instructions for section 7 say, "Provide the requested information for every trip that you have taken outside the United States since you became a Lawful Permanent Resident. Begin with your most recent trip." Since you haven't left the country since receiving your GC last year, you should be able to write the same as what ours said.

confused about part 7,since i just got here in 2009(got my green card in 2010),I've only been living here for barely 2 years,what should i put in the blank,it doesn't make sense to me to count all the days outside of the US in 5 years? should i just leave it blank?


Edited by mnbinth, 16 August 2011 - 08:33 PM.

mnbinthMaleThailand2011-08-16 20:31:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
Step 1, #3 of the N-400 Instructions say "Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."

My lawyer wrote "NONE" under the "countries to which you traveled"

how would I annotate that if there is only a "Date you left the United States" and "Date you returned to the United States" in mm/dd/yyy format? Should I just put in today's date for "Date you returned to the United States" or present etc?


mnbinthMaleThailand2011-04-20 19:36:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
You must follow the instructions on this page. However, to request the interview in Fairfax, make sure you clearly state that in your cover letter. Clearly state that you are applying under 319b which allows you to interview anywhere.

Oh, and also-- we want the interview in Fairfax. I am confused about where to send the application.
Does anyone know which address I should send our application to?
Thank you! :)


mnbinthMaleThailand2010-08-03 23:27:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
We received a letter in the mail reminding us that my wife needs to apply to remove her conditional residency status.
She's been a citizen for over a year. Glad to know USCIS is still incompetent and can't update simple computer records...
mnbinthMaleThailand2010-02-07 09:52:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
Here are a few corrected and more specific links from the first post. USCIS has a new site design which messed up the previous links. Keep in mind when preparing documents and reading through this that Section 319b is completely separate from the other parts of Section 319. For example, the requirements for 319a are not necessarily required for 319b.

Section 319b in the Immigration and Nationality Act

Code of Regulations (8 CFR PART 319.2)

Code of Regulations (8 CFR Part 319.11)

Interpretation Letter for 319.2

Helpful Information can be found in the Adjudicator's Field Manual.

Adjudicator's Field Manual Chapter 73.4
This proves that someone applying under Section 319b is exempt from the 3 month residency requirement in a state.

Adjudicator's Field Manual Chapter 73.5
This proves that someone applying under Section 319b has no physical presence requirement.

If you hire a lawyer, make sure they have a copy of the U.S. Citizenship and Naturalization Handbook or maybe you can find it in a library.
It has a lot to say about Section 319b.

I attached some PDF's of some of the above if the links are broken later on.

Attached Files


mnbinthMaleThailand2010-02-07 09:33:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (BarrettFB @ Dec 7 2009, 11:13 AM) <{POST_SNAPBACK}>
Thanks for your reply. I'm pretty sure at this point I'm only going to deal with the Fairfax, VA office. They seem to know what they're doing, and have jurisdiction over all 319b cases (as there is no jurisdiction guidelines when applying through 319b).

I'm trying to avoid getting an attorney involved. I just don't have the money for that right now. I hope that doesn't come back to bite me in the butt later on.


In the end, it's all worth the money and hassle. smile.gif
mnbinthMaleThailand2009-12-07 12:21:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
It's hard to get answers from field offices about 319b as you're already finding out. Ours initially denied my wife's application because they didn't understand it. It took a lawyer explaining to her how to do her job to get it right... not to mention a few thousand dollars. grrrr It's interesting that Detroit was willing to even discuss it. I had the FAQ from USCIS in hand and the Des Moines office refused to admit 319b even existed and said they'd have a lawyer call me. I'm still waiting for that call...

I'm not a lawyer, but I believe the person at the Detroit office is wrong. A 3 year marriage or residency requirement defeats the purpose of 319b, to allow U.S. citizens and their spouses to move abroad to work for entities and organizations based out of the U.S. IMMEDIATELY after permanent residency is established. Granted you aren't immediately applying, but it would still be expeditious for you to apply earlier than the 3 year period of 319a. Thanks to USCIS and their crappy web site, you can't read through the INA right now so my links at the top of this forum don't take you anywhere. However I'm reading through 319b, INS Interpretation letter 319.2, and the adjudicators field manual I have and can find nothing that supports the Detroit offices comments. The fact that your departure is after the 3 year period should be erroneous. NOWHERE in the law does it even mention 3 years. The whole 3 years thing deals with 319a. 319b is independent from 319a and completely separate part of the law. Naturalization under 319b, unlike under 319a, does NOT have a 3 year marriage or residency requirement of any kind. The plain statutory construction of INA doesn't impose ANY length of marriage requirement so you are able to apply. I'm quite certain the law is on your side. However, you may end up needing a lawyer to prove it if the adjudicator in Detroit is inexperienced or incompetent. And there could be something funky about the law I don't understand that makes you ineligible. Good luck!

Edited by mnbinth, 07 December 2009 - 11:31 AM.

mnbinthMaleThailand2009-12-07 11:30:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (Army_Wife @ Oct 15 2009, 12:36 PM) <{POST_SNAPBACK}>
Am sorry, I wasn't clear ... I'm the greencard holder ... my Husband is military and I was wondering how far out from our travel date can I apply?
Do you think 5-6 months is too far away?
Is there a specific timeline?

When we went through the process, the average time was 3 months or less from application to interview. That looks like around what it still is. Your application will be processed at the same speed as everyone else at the office you apply to. Check the forums and see how long others are taking wherever you are planning to apply to. The only expedited thing about it is that you don't have to wait 3 years to apply.
You are supposed to have evidence at your interview that you plan to join your husband overseas within 45 days of the interview. That makes it pretty tough to plan and it's a very vague requirement as to what's required.
mnbinthMaleThailand2009-10-15 21:28:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (Army_Wife @ Oct 15 2009, 07:04 AM) <{POST_SNAPBACK}>
Hi,
Do you have any idea as to how soon someone can send their application in for the 319b?
Am currently putting my packet together .... but not flying until April/May.
Was thinking 6 months would be OK to allow them to get working on it.

BTW, Thank you so much for the helpful information you've put on VJ concerning this expedite

You can send the application the moment your spouse receives a green card because he/she is eligible to apply for naturalization immediately after approval of permanent residence (assuming they meet all the requirements for 319b of course). Keep in mind you'll be given a scheduled biometrics appointment before the interview. In my wife's case, we waited 3 months after the green card in an attempt to time the interview with our travel plans.

Edited by mnbinth, 15 October 2009 - 11:49 AM.

mnbinthMaleThailand2009-10-15 11:48:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (curtdfw @ Oct 10 2009, 05:18 AM) <{POST_SNAPBACK}>
Does anyone know if the phrase "...an American firm or corporation engaged in the development of foreign trade and commerce of the U.S." mean only non-profits for the purposes of 319b, or can the phrase include typical profit-making firms? I'm finding conflicting web sources.

I'm down to the finals for a 2-year expat position in Central America with a US company (not a non-profit), and my wife has been in the US for six months on her CR-1. This would be a great way to accelerate the citizenship process...

Advice or opinions appreciated on this option or on alternatives...

No, it does not have to be non-profit. That is a separate qualification option. Assuming you meet all the other requirements, the only requirement of your company is that it is "An American firm or corporation engaged in whole or in part in the development of foreign trade and
commerce of the U.S." That is a VERY broad definition so I'm sure you'll be fine. I suggest you write the letter from your company and make it sound like it's doing exactly what this requirement says. Emphasize it is U.S. owned, operating abroad and involved in commerce that benefits the U.S. I wouldn't worry about it if you already meet all the other requirements.
mnbinthMaleThailand2009-10-10 08:53:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (BZBoy @ Sep 29 2009, 07:32 AM) <{POST_SNAPBACK}>
Hi, this thread has been extremely helpful. I am about to apply for my wife's naturalization thru 319(cool.gif and I would like request if some could share a template of affidavit of applicant. Im not sure what that is, or how it is to be used.

Thanks,

This is the letter from your "employer" making a statement that you meet the requirements listed below. This is submitted with your N-400 application. My letter was a very simple one page letter with exactly what they ask for below. It was signed by the most important person I could find in the organization.

An official letter from a U.S. government agency, public international organization, or firm incorporated
in the U.S. or a foreign subsidiary with at least 51% American ownership that includes the following:
• The title of the official making the affidavit, the name of the firm or corporation, and whether he or
she has access to the records of the firm or corporation; and
• Whether the employing organization is an American firm or corporation engaged in the development
of foreign trade and commerce of the U.S. or is a subsidiary thereof. An American firm is defined as
being at least 51% owned by U.S. citizens; and
• The nature of the business which is conducted by the employing organization; and
• The name of the State under the laws of which it was organized, the date of incorporation, and that it
is existent.
• The facts of the U.S. citizen spouse’s employment and the basis of hire (contract, regular employee,
etc.) and the prospective length of time he is committed to remain in overseas employment.
mnbinthMaleThailand2009-09-29 09:24:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (Thomas and Milena @ Feb 21 2009, 01:54 PM) <{POST_SNAPBACK}>
So my wife had her interview on 12 February and she passed. 6 correct answers out of 6 questions asked. We were very excited. The IO told us that there were no more oaths that day, but that we should come back at 1:20pm on the 20th. So yesterday we went back to the District office with my grandmother and parents, who came back from their vacation early, only to find out that the IO had not yet made a final decision. The file was apparently locked in his office, and he was on his day off. They told us that we should receive a letter or a phone call and that we should wait before returning again.

Our Congressman's office always gives us updates, so I suppose they will call over to the Atlanta DO Monday morning to find out what is going on. I am kind of worried, but maybe the IO just forgot to put her on the list. Perhaps it is nothing huge. Either way, we are obviously anxious to finally finish the process. We leave to go abroad again in late March. Frustrating.


Don't worry, having the congressman's office on their back will ensure you get through this! good.gif

Edited by mnbinth, 22 February 2009 - 07:41 PM.

mnbinthMaleThailand2009-02-22 19:41:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
QUOTE (Tammerx @ Feb 18 2009, 09:34 AM) <{POST_SNAPBACK}>
I appreciate all the information and the links.

I have a question about fingerprints. I am an American citizen residing in Albania employed as a missionary and am married to an Albanian. We just sent in our I-751 form and my husband will fly to the U.S. next weekend to do his Biometrics for that form (he will go for one week and come back).

In the meantime, we qualify for the expedited naturalization process under 319b and want to mail in that form as well-- but it seems from the different documents (FAQ) you've provided, that he has to do his fingerprints overseas.
________________________________________________________________________________
______________________________________________
Fingerprint fee OR two(s) sets of FD-258 fingerprint cards.
o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).
________________________________________________________________________________
_______________________________________________

The U.S. Embassy in Tirana does not provide fingerprinting services any longer. The DHS office in Vienna is willing to do so, but my husband needs to get a visa to stop in Vienna for two days on his trip to the U.S.
I spoke with a representative at the DHS office in Vienna and he said that it is not clear whether the fingerprints for the N-400 HAVE to be done overseas or not.
It would save us time and money if he could do fingerprints for the N-400 while he is getting his biometrics done for the I-751 next weekend. Any ideas about this? Does the fingerprinting HAVE TO BE DONE OVERSEAS or can they be done in the States too? Does the application itself have to be mailed from overseas or can he take it with him and mail it within the U.S. ?
These may seem like trivial questions, but in speaking with the folks at the customer service center in the U.S., they had no idea, and even the DHS officer in Vienna seemed unclear as to whether the fingerprints had to be done from overseas or could be done in the U.S.

Thanks for your insight and getting back to me promptly.

I don't think you'll get a straight answer on this unfortunately. Fingerprints are good for 6 months though so the fingerprints he's about to get might be good for the N-400 as well. I don't know if fingerprints cover the person for 6 months or just that application. If you can get the fingerprints in Vienna, it might be safe to just do it.
mnbinthMaleThailand2009-02-18 11:03:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
I forgot to add, if you ever have any problems with USCIS during this process, contact your local U.S. Representative's or Senator's office. Explain the situation and they can get information on your case. Most likely they have a relationship with staff at the local USCIS office which helps a lot.
mnbinthMaleThailand2009-01-31 14:43:00
US Citizenship General DiscussionN-400 Expedited Naturalization via Section 319b
If you are a permanent resident and married to a spouse that is or will be employed overseas in the military, the government, non-profit agency or as a missionary, you may qualify for expedited naturalization under Section 319b of the Immigration and Nationality Act. The main advantage is that this completely waives the 3 year permanent residency requirement that most married N-400 applicants must follow. My wife became a citizen this way and the information below will hopefully give you some resources to help you on your journey.

Documents and Policies
Section 319 of the Immigration and Nationality Act
USCIS Section 319b FAQ
Title 8 of the Code of Federal Regulations elaborates on Section 319
The Adjudicator’s Field Manual is followed by all immigration officers
Click here for a cover letter template. It also has a list of documents I sent with my wife’s application.
Members of the military read this.

Questions
1. Where can I have the interview?
You can do your interview at any USCIS office. However, very few offices have experience with 319 cases and it may cause you some very costly delays as it did for my wife. If possible, request that your interview be done at the Fairfax, Virginia office in your cover letter. Even the Department of State tells its employees “You may choose to complete the interview at any USCIS district office in the US; however, [our] experience is that requesting a district office where they rarely, or maybe never, process a 319b case may cause delays.” They get a lot of these cases from members of the military and the government so go to Fairfax if you can. The other benefit of Fairfax is that they almost always do same-day oaths.

2. Do you have to be a local resident of the office your interview is in for 3 months?
No. According to 73.4(h)(1) of the field manual, there is no residency requirement for 319b filers. That's why you can have the interview anywhere.

3. Do we have to be married for 3 years?
No. This was the issue my wife had with a new immigration officer. We were married 1.5 years at the time of naturalization. The confusion came from Section 319a where it states a 3 year marriage requirement. Section 319a, c, and d have NO legal authority over 319b. Section 319 a, b, c, and d all have separate purposes with different requirements.

4. Can I apply from overseas and just come for the interview and oath?
Yes. 73.5(e)(1) supports this when it says you are “not required to demonstrate any physical presence prior to naturalization.”

5. How am I supposed make travel plans and bring proof of travel to the interview when I don't know when the oath ceremony is?
This is still a mystery to me, but if you have your interview in Fairfax or any other office that does same day oaths, this isn't an issue. Because of delays at our office we nearly missed our flight. Yes we could have changed plans but it would have been costly. If you leave within 2 weeks of becoming a citizen, you can get your passport in one day at the regional passport offices.

Dual Citizenship
1. If you are working towards dual citizenship, read this page.
2. For the United States official policy on dual citizenship, visit this page.
3. There are also some "risks" to dual citizenship.
4. For information on dual citizenship from Wikipedia and links to other government policies visit this page.

Edited by mnbinth, 31 January 2009 - 01:58 PM.

mnbinthMaleThailand2009-01-31 13:55:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscalifornia processing times
Don't worry!!! I just got mine in under 3 months. USCIS web site is not accurate.

-----------------------------------------------------------------------------------------------
03/22/07 - Mailed I-129F via UPS from Bangkok to NSC
03/30/07 - NOA1 I-797 Notice Date - Forwarded to CSC
06/20/07 - NOA2 I-797 APPROVED!

***waiting***

U.S.A. - Thailand
mnbinthMaleThailand2007-07-09 04:14:00
PhilippinesLooking for Filipinas ( fiancee) Noa2 approved!

Hello there! Looking for Filipinas (fiancee) with similar timeline to maybe help each other out. Here's where I am on my journey. NOA2 was approved on 24AUG12....... :dance: I think it will be beneficial to all of us if help each other out. Hoping to here from my lovely fellow-Filipinas! Thanks. :)

it's fantastic being approved for only 15 days! so amazed!how did you do that?some people been waiting for almost a year, mine is more than a month now...your case is giving us hope!
sammdtFemaleThailand2012-08-26 01:46:00
PhilippinesMEDICAL
am not sure about St. Luke's...but here in Thailand, the hospital asked for the copy of my interview appointment....

is it okay to proceed with medical even if you still dont have interview schedule?? i do have my case number already..
Help me vj users thanks


sammdtFemaleThailand2013-02-19 06:17:00
US Citizenship General DiscussionN-400 August Nebraska filers
QUOTE (Ilona @ Oct 25 2008, 10:25 AM) <{POST_SNAPBACK}>
Hey, your comment made me smile!:) It's a good thing!:)
I did contact them, but not the Senator. About 11 days ago I faxed a letter explaning my situation to my local rep's office. No one even called me to tell me if they even took a look at my paperwork. I started thinking that the more people I envolve the harder it gets, cause nobody cares and nobody does their jobs, so it's just more work for me to try to push all this people and try to follow up with everybody. Anyway, I called the local rep's office yesterday to see what the heck is going on and the girl there told me that she'll follow up with the National Benefit Center an will try to call me back on the same day, but guess what...... she didnt!!!! So, I must call again on monday to make sure she remembers me!
By November 4th I should get and answer from USCIS about my Service Request as well! At this point I dont know if my application is still at NSC or at this National Benefit Center!
So you see why I am hesitant about contacting the Senator as well, I just dont think it will make any diffrence and it will be just one more place to follow up with! Arghhh....any way, if I have positive news I'll post it!
In the mean time I am very happy about Feyser's application finally moving along!:) Good luck everyone!


I still think you need to walk into their office and explain it to someone in person. Be persistent and courteous, and I'll bet you'll get better help. It's their job to represent you as a constituent and there is a whole USCIS department in Lincoln dedicated to working with Congressmen. Good luck!
mnbinthMaleThailand2008-10-25 10:38:00
US Citizenship General DiscussionN-400 August Nebraska filers
QUOTE (dcl766 @ Oct 25 2008, 08:57 AM) <{POST_SNAPBACK}>
Finally!!! Congratulations and hopefully this will get the wheels turning.

Thanks!
Does anyone know what the difference is between Adjustment of Status biometrics and Naturalization biometrics? My wife had her AOS biometrics done last December. Seems a little redundant to do it again; not that we have a choice of course. Why do fingerprints twice?
mnbinthMaleThailand2008-10-25 09:03:00
US Citizenship General DiscussionN-400 August Nebraska filers
I woke up this morning and felt like I should go into work at the bank today which is a strange feeling for a Saturday morning. Lo and behold, our check came through last night! dancin5hr.gif

UserName................... Sent.......Check cashed........NOA1...... Biometrics......Interview........Oath

dcl766......................08/05..........08/11..........08/07..........09/10..........10/20..........xx/xx
kyng silva..................07/28..........08/05..........08/06..........08/28..........xx/xx..........xx/xx
coderjay....................08/01..........08/05..........08/04..........09/08..........xx/xx..........xx/xx
zolo39......................08/05..........08/12..........09/04..........09/19..........xx/xx..........xx/xx
Ilona.......................08/02..........xx/xx..........xx/xx..........xx/xx..........xx/xx..........xx/xx
statman78...................08/22..........08/26..........08/28..........xx/xx..........11/19..........xx/xx
feyser......................08/28..........10/25..........xx/xx..........xx/xx..........xx/xx..........xx/xx
artz501.....................09/03..........xx/xx..........09/11..........10/01..........12/02..........xx/xx
mnbinthMaleThailand2008-10-25 08:52:00
US Citizenship General DiscussionN-400 August Nebraska filers
QUOTE (artz501 @ Oct 24 2008, 10:10 AM) <{POST_SNAPBACK}>
Received interview letters for both of my husband and myself. The interview is scheduled at 8:00am on 12/2 in Denver.

UserName................... Sent.......Check cashed........NOA1...... Biometrics......Interview........Oath

dcl766......................08/05..........08/11..........08/07..........09/10..........10/20..........xx/xx
kyng silva..................07/28..........08/05..........08/06..........08/28..........xx/xx..........xx/xx
coderjay....................08/01..........08/05..........08/04..........09/08..........xx/xx..........xx/xx
zolo39......................08/05..........08/12..........09/04..........09/19..........xx/xx..........xx/xx
Ilona.......................08/02..........xx/xx..........xx/xx..........xx/xx..........xx/xx..........xx/xx
statman78...................08/22..........08/26..........08/28..........xx/xx..........11/19..........xx/xx
feyser......................08/28..........ranting33va.gif..........xx/xx..........xx/xx..........xx/xx..........xx/xx
artz501.....................09/03..........xx/xx..........09/11..........10/01..........12/02..........xx/xx
mnbinthMaleThailand2008-10-24 10:48:00
US Citizenship General DiscussionN-400 August Nebraska filers
QUOTE (artz501 @ Oct 24 2008, 10:10 AM) <{POST_SNAPBACK}>
Received interview letters for both of my husband and myself. The interview is scheduled at 8:00am on 12/2 in Denver.

UserName................... Sent......Check cashed...........NOA1......... Biometrics.......Interview.............Oath

dcl766......................08/05..........08/11..............08/07............09/10..............10/20................xx/xx
kyng silva..................07/28..........08/05..............08/06............08/28..............xx/xx................xx/xx
coderjay....................08/01..........08/05..............08/04............09/08..............xx/xx................xx/xx
zolo39......................08/05..........08/12..............09/04............09/19..............xx/xx.................xx/xx
Ilona.......................08/02..........xx/xx..............xx/xx............xx/xx..............xx/xx.................xx/xx
statman78...................08/22..........08/26..............08/28............xx/xx..............11/19................xx/xx
feyser......................08/28..........xx/xx..............xx/xx............xx/xx..............xx/xx................xx/xx
mnbinthMaleThailand2008-10-24 10:31:00