Naturalization from overseas

[Ngoc-Anh 1]

Just a general question about naturalization.

Since my husband is in the military and he get orders for overseas (over 1 yr) I have the opportunity to apply for naturalization without meeting the 3 yrs of being married requirement.

So my question would be...

1. Do I apply before leaving the US (as soon as we got his military orders)?

2. How about fingerprinting/Interview and Oath? Will I be able to do that at the US Embassy oversea or do I have to come back here to the US?

Thanks for your informations!!

[YuAndDan 153]

1 You should apply before leaving per the Naturalization guide book.

http://www.uscis.gov/files/article/M-476.pdf

[Ngoc-Anh 1]

Thanks YU and Dan!

But what about fingerprinting, interview, Oath taking....do I have to fly to the US everytime?

[YuAndDan 153]

Thanks YU and Dan!

But what about fingerprinting, interview, Oath taking....do I have to fly to the US everytime?

Finger printing will be taken care of overseas either at US Base, or US Consulate, as for interview and oath takeing I am not sure, they may do this at USCIS office overseas at the consulate.

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=arm

[Ngoc-Anh 1]

thank you so much!

[jodee 30]

I know they dont do spouse Naturalizations at Frankfurt for a fact!! Military or no military,..I would of had to fly back stateside for test, and oath ceremony as a military spouse!

Naturalization (Form N-400):

Immigration offices overseas do not accept or adjudicate naturalization applications. We are unable to receive or process naturalization applications from U.S. Lawful Permanent Residents (LPRs) living overseas. See the USCIS website on Naturalization for eligibility criteria and proper filing procedures.

Thats straight form the page yu and dan sent you

Edited February 1, 2008 by jodee

[zyggy 9]

Oath and interview must be given in the US... they cannot be conducted on foreign soil...

[Ngoc-Anh 1]

in that case, will they be able to do everything in one step (interview and taking oath)?

I believe that taking fingerprints oversea should not be a problem.

What do you guys think?

[misterscn 0]

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

[Ngoc-Anh 1]

Thanks misterscn,

do you know how it would be because I have to file 751 by Dec.11 2008.

We probably go to Korea for 2 years this summer. Can I file for N-400 or do I have to file 751 first before filing N-400?

Thanks!

[Ngoc-Anh 1]

Also, in case I do not file 751 but N400 as soon as my husband gets his order. What will happen if N400 is pending and my cond. GC is expired (march 2009).

Will I have problems to get back to the US?

[misterscn 0]

From all of the research I have done if you have not done your ceremony by the time your conditional green card expires you will have to file I-751 to keep yourself in legal status. Since your card does not expire until March 2009 you should be in good shape as long as your husband gets his orders 4-6 months prior to your departure. To be safe, set aside the required paperwork and funds for the I-751 just in case. If for some reason you can't do your ceremony prior to your departure you will have to fly back to US territory to do your exam, interview, and ceremony. From Korea that could be Guam, Hawaii, or the West Coast. The nice part about filing under 319(b) is that you can pick the field office you want to use rather that having to return back to the office where your current duty station is.

Also, in case I do not file 751 but N400 as soon as my husband gets his order. What will happen if N400 is pending and my cond. GC is expired (march 2009).

Will I have problems to get back to the US?

[Ngoc-Anh 1]

thanks misterscn.

I definitely won't be able to do the interview and ceremony before we are leaving. We won't get the orders until approximately may and probably have to leave for Korea in June/July already (usually he get the orders about 2 months prior before departing). And as far as I can tell from the way USCIS is working it should be NO WAY I will have an interview appointment, not to mention the ceremony. Or will there be a expedite processing time due to the orders?

Sorry for asking so much, but I just want to make sure, that things won't be mess up.

[klanecky 0]

in that case, will they be able to do everything in one step (interview and taking oath)?

I believe that taking fingerprints oversea should not be a problem.

What do you guys think?

Hi. I am going to apply for N400 under 319b expedited naturalization. But my husband is not military, i am applying under being an applicant who's us citizen spouse is employed abroad regularly

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

I beleive DD 1278 is only for millitary. Is that right?

If we file N400 before departure, do we need to send a cover letter with the file to let them to know to be fingerprinted overseas.

[misterscn 0]

in that case, will they be able to do everything in one step (interview and taking oath)?

I believe that taking fingerprints oversea should not be a problem.

What do you guys think?

Hi. I am going to apply for N400 under 319b expedited naturalization. But my husband is not military, i am applying under being an applicant who's us citizen spouse is employed abroad regularly

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

I beleive DD 1278 is only for millitary. Is that right?

If we file N400 before departure, do we need to send a cover letter with the file to let them to know to be fingerprinted overseas.

The DD Form 1278 is only for Military and DoD Civilian personnel who are being reassigned overseas. Since your spouse is working for a US Company, they will have to provide a letter on Company Letterhead. If possible, try to get it notarized so they don't come back and question its legitimacy.