N-400 Expedited Naturalization 319b Information

[mnbinth 2]

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.

Documents

To see if you qualify, learn about the process, and other FAQ from USCIS, view Expedited_Naturalization_FAQ.pdf

For a sample cover letter, view 319_b__Cover_Letter.doc

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 July 1, 2008 by feyser

[Kathryn41 3,205]

Useful information link, thank you.

[mnbinth 2]

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.

[Completely 3]

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!!!!

Edited August 6, 2008 by Completely

[Completely 3]

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

[mnbinth 2]

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.

[T and M 1]

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.

[NickD 203]

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(B) 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.

[mnbinth 2]

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

[mnbinth 2]

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(B) 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.

[NickD 203]

"except that no particular period of lawful permanent residence is required.."

Sure sounds interesting and unusual, no I-751 nonsense to go through? Or maybe not even the initial green card as the immigrant spouse is technically a LPR when the I-485 receipt is received.

Ha, maybe I should have applied for a foreign job with the government, my sister and brother-in-law did for the US Navy in Germany, but their dreams of touring all over Europe were thwarted by work, spent 24 months there and were glad to come home.

[T and M 1]

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

I'm afraid you are correct about needing to hire a lawyer. The trouble is that so few have been able to help up to now. The term "engaged in whole or in part in the development of foreign trade and commerce of the US," is painfully vague. I am an independent contractor for foreign firms needing international political analysis in foreign languages. That's foreign trade if services are considered equal to goods, no? But as an independent contractor I am my own boss via self-employment. The application process appears to require that the firm be incorporated within the US. Does that mean I just need to incorporate it, set up an 18-month period of time during which I will be stationed in the UK or elsewhere and then begin the 319b application?

It seems unfair to "send myself" overseas, but that's exactly what I would do, as my own boss. And I would love not to have to choose between my career and my wife's permanent residence status/naturalization.

I'm so glad I found this thread by the way. Even if I do not qualify at the moment, I hope that eventually I will be sponsored by a US organization as my current travels do not appear to be slowing down as I thought they would when we applied for the PR.

[NickD 203]

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

I'm afraid you are correct about needing to hire a lawyer. The trouble is that so few have been able to help up to now. The term "engaged in whole or in part in the development of foreign trade and commerce of the US," is painfully vague. I am an independent contractor for foreign firms needing international political analysis in foreign languages. That's foreign trade if services are considered equal to goods, no? But as an independent contractor I am my own boss via self-employment. The application process appears to require that the firm be incorporated within the US. Does that mean I just need to incorporate it, set up an 18-month period of time during which I will be stationed in the UK or elsewhere and then begin the 319b application?

It seems unfair to "send myself" overseas, but that's exactly what I would do, as my own boss. And I would love not to have to choose between my career and my wife's permanent residence status/naturalization.

I'm so glad I found this thread by the way. Even if I do not qualify at the moment, I hope that eventually I will be sponsored by a US organization as my current travels do not appear to be slowing down as I thought they would when we applied for the PR.

I am not up to date on this, but use to be if you took a job with a US Defense contractor installing some of kind a defense thingy, had to be out of the country for the full 18 months to be tax free. If you came back to the US even for one day, would be liable for the full 18 months worth of taxes which would be quite a bundle. You were sent to areas where you wouldn't want to bring a spouse along, but was a chance to get quite a nest egg. Just saying something else to check into. Tax laws are changing every five minutes.

[T and M 1]

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

I'm afraid you are correct about needing to hire a lawyer. The trouble is that so few have been able to help up to now. The term "engaged in whole or in part in the development of foreign trade and commerce of the US," is painfully vague. I am an independent contractor for foreign firms needing international political analysis in foreign languages. That's foreign trade if services are considered equal to goods, no? But as an independent contractor I am my own boss via self-employment. The application process appears to require that the firm be incorporated within the US. Does that mean I just need to incorporate it, set up an 18-month period of time during which I will be stationed in the UK or elsewhere and then begin the 319b application?

It seems unfair to "send myself" overseas, but that's exactly what I would do, as my own boss. And I would love not to have to choose between my career and my wife's permanent residence status/naturalization.

I'm so glad I found this thread by the way. Even if I do not qualify at the moment, I hope that eventually I will be sponsored by a US organization as my current travels do not appear to be slowing down as I thought they would when we applied for the PR.

I am not up to date on this, but use to be if you took a job with a US Defense contractor installing some of kind a defense thingy, had to be out of the country for the full 18 months to be tax free. If you came back to the US even for one day, would be liable for the full 18 months worth of taxes which would be quite a bundle. You were sent to areas where you wouldn't want to bring a spouse along, but was a chance to get quite a nest egg. Just saying something else to check into. Tax laws are changing every five minutes.

Certainly something to think about. Need to check with an accountant i suppose. But still, I'm more interested in doing three things simultaneously, live with my family, work abroad, and not lose my wife's permanent residence. I have almost decided to give the 319b a shot, b/c getting rejected just means we are back where we started, with her permanent resident status secure but annoying.

[NickD 203]

Well Tom, if you are vague about the 319(B) requirements, you may be equally vague about the N-470 requirements, from the N-470 instructions:

"Use Form N-470 to preserve your lawful permanent resident status for naturalization purposes.

Instructions

In certain limited situations, a person may be able to preserve residency, previously accumulated for naturalization purposes, even though he or she may be residing outside the United States for longer than one year. Thus the time spent abroad may be counted toward the residency requirement.

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

To obtain approval to preserve residency, such permanent residents must file a Form N-470 application before departing from the United States.

The regulations are different for religious workers proceeding abroad to perform religious duties. Religious workers may apply before or after departure, or after return to the United States. They are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Filing a Form N-470 does not relieve a permanent resident from obtaining a reentry permit, in advance of trips outside the United States for a year or more, nor does it relieve the applicant from the naturalization law's physical presence requirement."

The employment requirements are very similar to those of the 319 (B) would check that out with an attorney as well.

Really hate to make negative comments about the laws of the USCIS, really tie your hands with the so-called lawful permanent resident status, not only employment problems in particular if you can only find a job overseas, but also trying to maintain a foreign passport while here, why should a foreign country want to issue you a passport if you are a LPR here?

Then you don't exactly get that PRC when you first arrive, use a none counting year under the EAD status before that PRC status clock starts ticking, then further delays in getting your citizenship that until more recently could add another one to two years to that time. Ha, we may wait that long just to get our oath letter. So we can be talking 4-6 years with your hands tied where the USCIS wants you to stay here and pay taxes, that is, if you can find work with all of our jobs being exported overseas.

Something else to write your congressman about.