Expidited citizenship for military spouses?

[JamalNTam 1]

I have heard that if you are a military spouse and your husband/wife has orders overseas, you can expedite your citizenship application? What happens if the orders are for the legal residents home country? would that still apply? Afterall, it kinda sucks if you have to go through the whole greencard process again (and the money) when there's nothing you can do about being sent away from the states. My husband may be stationed in Japan, Turkey or the UK (where I'm from) and I'm just wondering. Thanks.

[Meriem_DZ 37]

Where ever the US military person (and family) is stationed in the world, for USCIS purposes, it is counted as living on US soil. Hope that helps.

Meriem

[jodee 30]

I'm Australian. I moved to the states in dec 03, married in feb 04, and moved to Germany on my hubbys military orders in March 04. All I did was made sure I had a re-entry permit/advance parole document from the USCIS before i left,....I managed to lodge AOS, and AP before we left, along with EAD. The EAD , and AP was approved before we even went overseas. I had to fly back to the states in July 04 for my AOS interview at CSC. Back then they were still doing interviews. my AOS was approved, and I went back to germany and had my GC sent to me. I have also done the lifting of conditions from Germany. So I am done now til we get back stateside.

I did though, on every occasion i travelled back to the US, had a copy of my hubbys orders with me on them, my mil ID card, and once AOS was approved, my greencard. I have NEVER had a problem, I simply showed all those docs every time I reenetered the states. And any time overseas with the US military is counted as living on US soil, as Meriem said!

edirted for typos

Edited January 27, 2008 by jodee

[Ngoc-Anh 1]

Meriem setif is right. Even though you are outside the US but on military orders you will be still considered on US soil. You have to use your APO Adress for your application. As military spouse if your husband get orders overseas OVER 1 year, you do not have to meet the 3 years being married requirement. If you do not want to naturalize but just keep your GC then you also can just file for lifting of conditions from overseas again using your APO Adress.

Hope I could help you with that information. I just learned about it myself because we probably are going to move overseas too (my husband is in the AF)

[misterscn 0]

I posted this in another discussion but this appears the more pertinent forum for this reply:

If you are military or a DoD Civilian you can apply for naturalization as soon as you receive orders. My wife just filed recently for expedited naturalization under INA 319.b because I am transferring from the US to Italy this spring. As soon as I got my orders, I filled out a DD Form 1278 and had it signed by my Director. For military personnel this form would be signed by your commander or director of your personnel office. Then we put the N400 packet together with all the information and photos required as stated in the form instructions.

Before we sent the packet off, we prepared a short memo requesting expedited naturalization under INA 319b explaining the circumstances why my wife qualifies for expidited naturalization. We also included a signed copy of DD Form 1278 as well as a copy of my travel orders and in my case because I am a civil servant I included a copy of my employment contract which shows that I have signed an agreement to serve 36 months in country. We have a tentative departure date of 13 April 2008.

Here is a list of documents we provided to VSC:

Memorandum to VSC "Application for Naturalization under section 319(b) of the Immigration & Naturalization Act explaining the circumstances as well as letting them know the case number of my wifes impending 1-751 action for removal of conditions

DD Form 1278

Travel Orders (DD Form 1614) - Military would use PCS or TCS Orders

Copy of Transportation Agreement (DD Form 1617)

N-400 Application

Copy of Wife's Permanent Resident Card

I-797 Receipt for I-751 Application (which includes extending permanent residence for 1 yr)

I-797 Receipt for ASC Biometrics which includes Application Number for I-751 Action

Marriage Certificate

Husband's Birth Certificate

Copy of Husband's Passport and DoD Civilian ID Card

Daughter's Birth Certificate

Two Bank Statements; one from early in our marriage and one from recently to show joint assets

IRS Tax Transcripts for Tax Yrs 2005, 2005, & 2006

2 passport Photos of my Wife

Check for $675.00 to Department of Homeland Security

We sent the application on 14 January 2008 and was received in Vermont on 17 January 2008. We received a receipt notice on 1 Feb 2008 and to our surprise they are not going to charge my wife an additional biometrics fee because she had her biometrics done on 21 Sep 2007 for her I-751 packet. They state on the I-797 that they are going to send me a check for $80.00 within the next 30 days. I'll wait and see. The other nice part is they state in the letter my wife will be notified within the next 90 days that she will be contacted by USCIS for an interview. After the experience of waiting 15 months to get her green card the first go around I'll have to see it to believe it. We are making plans now for my wife to come back to the DC area for her interview and ceremony after we arrive in country.

While I was doing my research to put the packet together, I stumbled across an FAQ sheet on a military website from the Fairfax VA USCIS office regarding 319(b) applications for government personnel. I have attached it along with an example of the cover letter we did for the 319(b) packet.

Here is our current timeline:

I-751 @ VSC

Date Filed: 13 Aug 07

NOA Date: 25 Aug 07

BIO Date: 21 Sep 07 (Alexandria VA ASC)

Still Waiting for Decision - Case has not been "touched" since 25 Sep 07

N-400 @ VSC

Date Filed: 14 Jan 08

NOA Date: 18 Jan 08

Received I-797c on 1 Feb 08 stating that we should be notified of date & time and place of interview within 90 days of this notice. We'll see

Good Luck to all those Military Spouses out there, especially those whose significant others are over in the sandbox.

USCIS_319b_FAQ.pdf

319b_Example_Cover_Letter.pdf

[jodee 30]

That is good info. I became aware of that option, when I was already half way through my i-751, and saw no point persuing it, becasue at that stage we had less than a year left in theatre overseas, and decided not to persue it. then luck would have it, that we got extended, and I had already had my 10yr green card by then.

Your lucky that it is now available to utilise, because that wasn't always the case.

[misterscn 0]

UPDATE: On March 14th my wife had her interview at 9:30 am at the Fairfax,VA USCIS office and was sworn in as a US Citizen at 12:30 pm the same day.

Here is a quick rundown of what transpired:

On February 27th, my wife received an email from Agent Bridges @ in the 319(b) section of the Washington, DC USCIS Field office requesting to select an interview date of March 14, 21, or 28. She selected the 14th. She replied to the email. Two hours later she received a PDF I-797c telling her to report to USCIS Office in Fairfax, VA @ 8:00 am on March 14th.

Fast forward to March 14th. We arrive @ USCIS office in Fairfax, VA @ 7:45am and park in the Garage behing the Bldg. The office is located within a short walking distance of the Dunn-Loring Metro Stop on the Orange Line. When we arrived there were 11 people ahead of my wife. There were 3 agents doing interviews. After a 100 minute wait, my wife was called in by Ms. Hernandez. My wife was asked 10 questions, asked to write a sentence in English, Read a sentence in English, and briefly discuss her travels during the time she held her green card. The rest of the conversation was talk about my daughter and our impending reassignment to Italy. When she was done she was given a green slip of paper and told to be back in the 2nd Floor USCIS reception area between 11:15 & 11:30 am.

After taking a snack and coffee celebration break at the snack bar in the building next door, we head back to the 2nd Floor USCIS reception area. My wife gets in line with the other candidates, both 319(b) and regular candidates (62 in all) to check over the information on their certificate of naturalization. Then the candidates were seated in the 2nd Floor Conference Room in order that they were to be called by the USCIS Washington, DC Director who presided over the ceremony and gave the oath of citizenship. After about 40 minutes, family members and guests were allowed to file into the back of the room to watch the ceremony.

The ceremony took about 20 minutes after waiting 20 minutes for briefings and getting the room set up. It began with the singing of the National Anthem by everyone in the room (at least most tried). Next came a brief speech by the director, then came the oath of citizenship. After the oath finished, there was a video message from the President and a music video of scenes of the USA to the tune "God Bless the USA" by Lee Greenwood. Then the supervisor called up each person to get their certificate of naturalization. After that was done, each person filed out of the room and back to the reception area to register to vote (if they were residents of VA and wanted to). We were all done by 12:50 pm.

While we were waiting for the ceremony I did get a good piece of INTEL from a lady who handles 319(b) cases for the State Dept. She told me that the best office by far for 319(b) cases is the office in Fairfax, VA since they have a team dedicated to these actions. She also mentioned that she gets fair results from the offices in Hawaii, Los Angeles, Miami, Tampa, & New York. She told me that the Fairfax office is the only one that does everything in one day, the others above do it over 2 days minimum. She also told me that they do most 319(b) cases at the Fairfax office on Friday. I know after talking with some of the folks in the waiting room early in the morning that they all were there for 319(b) cases. Most were DoD Contractors but there were two in the room that were from the State Dept. We did not meet anyone that day that was either a dependent of an active duty servicemember or DoD Civilian.

So in our case the Expedited Maturalization worked and it worked fast. Part of that was due to the fact that when we filed my wife had a pending I-751 case still open so they were able to use the Background check for both cases. We are both glad we are finally through with USCIS. The only things left to do is go to Social Security so that my wife can change her status on her SSN from Permanent Resident to Citizen and get her passport.

Good Luck to all of you on your path to citizenship.

I posted this in another discussion but this appears the more pertinent forum for this reply:

If you are military or a DoD Civilian you can apply for naturalization as soon as you receive orders. My wife just filed recently for expedited naturalization under INA 319.b because I am transferring from the US to Italy this spring. As soon as I got my orders, I filled out a DD Form 1278 and had it signed by my Director. For military personnel this form would be signed by your commander or director of your personnel office. Then we put the N400 packet together with all the information and photos required as stated in the form instructions.

Before we sent the packet off, we prepared a short memo requesting expedited naturalization under INA 319b explaining the circumstances why my wife qualifies for expidited naturalization. We also included a signed copy of DD Form 1278 as well as a copy of my travel orders and in my case because I am a civil servant I included a copy of my employment contract which shows that I have signed an agreement to serve 36 months in country. We have a tentative departure date of 13 April 2008.

Here is a list of documents we provided to VSC:

Memorandum to VSC "Application for Naturalization under section 319(b) of the Immigration & Naturalization Act explaining the circumstances as well as letting them know the case number of my wifes impending 1-751 action for removal of conditions

DD Form 1278

Travel Orders (DD Form 1614) - Military would use PCS or TCS Orders

Copy of Transportation Agreement (DD Form 1617)

N-400 Application

Copy of Wife's Permanent Resident Card

I-797 Receipt for I-751 Application (which includes extending permanent residence for 1 yr)

I-797 Receipt for ASC Biometrics which includes Application Number for I-751 Action

Marriage Certificate

Husband's Birth Certificate

Copy of Husband's Passport and DoD Civilian ID Card

Daughter's Birth Certificate

Two Bank Statements; one from early in our marriage and one from recently to show joint assets

IRS Tax Transcripts for Tax Yrs 2005, 2005, & 2006

2 passport Photos of my Wife

Check for $675.00 to Department of Homeland Security

We sent the application on 14 January 2008 and was received in Vermont on 17 January 2008. We received a receipt notice on 1 Feb 2008 and to our surprise they are not going to charge my wife an additional biometrics fee because she had her biometrics done on 21 Sep 2007 for her I-751 packet. They state on the I-797 that they are going to send me a check for $80.00 within the next 30 days. I'll wait and see. The other nice part is they state in the letter my wife will be notified within the next 90 days that she will be contacted by USCIS for an interview. After the experience of waiting 15 months to get her green card the first go around I'll have to see it to believe it. We are making plans now for my wife to come back to the DC area for her interview and ceremony after we arrive in country.

While I was doing my research to put the packet together, I stumbled across an FAQ sheet on a military website from the Fairfax VA USCIS office regarding 319(b) applications for government personnel. I have attached it along with an example of the cover letter we did for the 319(b) packet.

Here is our current timeline:

I-751 @ VSC

Date Filed: 13 Aug 07

NOA Date: 25 Aug 07

BIO Date: 21 Sep 07 (Alexandria VA ASC)

Still Waiting for Decision - Case has not been "touched" since 25 Sep 07

N-400 @ VSC

Date Filed: 14 Jan 08

NOA Date: 18 Jan 08

Received I-797c on 1 Feb 08 stating that we should be notified of date & time and place of interview within 90 days of this notice. We'll see

Good Luck to all those Military Spouses out there, especially those whose significant others are over in the sandbox.

[chipsahoy 3]

Is a pending AOS can file for military expedite too? My husband will be deployed this coming August in Iraq and we've been trying to find out how can we expedite my pending AOS..

Thanks.

Julie

[misterscn 0]

Is a pending AOS can file for military expedite too? My husband will be deployed this coming August in Iraq and we've been trying to find out how can we expedite my pending AOS..

Thanks.

Julie

319(b) only applies to expidited citizenship, not to AOS. I am not aware of anything in the INA Act that will expedite AOS process. If you do get your AOS and greencard prior to your husband's deployment then you can go ahead and apply for Citizenship as long as his deployment orders are for 12 months or longer. That will allow you to skip the whole I-751 process to lift conditions on your permanent residence.

[Ngoc-Anh 1]

Is a pending AOS can file for military expedite too? My husband will be deployed this coming August in Iraq and we've been trying to find out how can we expedite my pending AOS..

Thanks.

Julie

Do you mean that you want to expidite your AOS or to apply for Citizenship?

Because you won't be able to apply for citizenship since you are not GC-Holder yet and also to be eligible for the Citizenship you need to be stationed overseas with your husband which is not the case here.

[churipu 4]

I didn't read the whole thread so this might be useless, but awhile ago USCIS opened a dedicated help line for military people (but if they are reliable like the other 1-800 nr then Lord help us)....Anyway here it is:

1-877-CIS-4MIL (1-877-2474645)

misterscn where in Italy are you guys moving to? If you don't mind me asking...

Edited April 1, 2008 by churipu

[Ngoc-Anh 1]

Is a pending AOS can file for military expedite too? My husband will be deployed this coming August in Iraq and we've been trying to find out how can we expedite my pending AOS..

Thanks.

Julie

319(B) only applies to expidited citizenship, not to AOS. I am not aware of anything in the INA Act that will expedite AOS process. If you do get your AOS and greencard prior to your husband's deployment then you can go ahead and apply for Citizenship as long as his deployment orders are for 12 months or longer. That will allow you to skip the whole I-751 process to lift conditions on your permanent residence.

The requirement would be that the applicant will move overseas with her husband and that she has to be overseas at least 12 more months at the time of the interview!

[klanecky 0]

I didn't read the whole thread so this might be useless, but awhile ago USCIS opened a dedicated help line for military people (but if they are reliable like the other 1-800 nr then Lord help us)....Anyway here it is:

1-877-CIS-4MIL (1-877-2474645)

misterscn where in Italy are you guys moving to? If you don't mind me asking...

Hi

So If anyone meets 319 (B) INA requirements, then they can apply for expedited citizenship. But suppose that person has been travelling alot, has broke her continues residence? My understanding is that in this cases it does not matter?

Am I right?

Thanks

[misterscn 0]

I didn't read the whole thread so this might be useless, but awhile ago USCIS opened a dedicated help line for military people (but if they are reliable like the other 1-800 nr then Lord help us)....Anyway here it is:

1-877-CIS-4MIL (1-877-2474645)

misterscn where in Italy are you guys moving to? If you don't mind me asking...

I have accepted a transfer to Vicenza, Italy within my organization. I have been there many times on business and I like the area.

[misterscn 0]

I didn't read the whole thread so this might be useless, but awhile ago USCIS opened a dedicated help line for military people (but if they are reliable like the other 1-800 nr then Lord help us)....Anyway here it is:

1-877-CIS-4MIL (1-877-2474645)

misterscn where in Italy are you guys moving to? If you don't mind me asking...

Hi

So If anyone meets 319 (B) INA requirements, then they can apply for expedited citizenship. But suppose that person has been travelling alot, has broke her continues residence? My understanding is that in this cases it does not matter?

Am I right?

Thanks

If you have a green card and you meet the requirements for 319(b) then you can apply, no matter if you have broken residence or not. As long as you have the proper documents in your packet stating that your spouse is going overseas or is already overseas and has at least 1 year remaining from the time you are naturalized then you are in good shape. When my wife went for her interview, there were several persons in the room whose spouses were not working directly for the governement but were contractors or employees of a US based corporation. Those persons were asked to present their original letter at the interview. There was also one lady who was there whose husband was on a 15 month deployment to Iraq and she used 319(b) to get expedited citizenship. If you read the provisions of the law, it will allow for expedited naturalization if your spouse is going to an area considered dangerous, such as a combat zone where obviously you won't be going along with them.