N-400 Expedited Naturalization 319b Information

[usc01 0]

Hi All,

We are about to start the 319(b) process under the "Spouses of US Citizens Employed By American Corporation Abroad" category that some of you here have gone though.

I have spent some time reading a number of posting here but still find myself confused as regards to certain aspects of the process. I hope someone here can help clarify. Thanks a bunch!

And here the questions:

1/ In the "Guide to Naturalization": http://www.uscis.gov/files/article/M-476.pdf

The Requirement section for this category said: "You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing."

What if we are already abroad, can we apply from overseas? Or do we need to go back and apply from the US?

2/ If it is ok to file from abroad, can we file Form N-400 using our overseas address and contact? Is this acceptable to the USCIS? Would the Form be rejected?

3/ If it is still ok (to use overseas address), can we use "care of" in the Form to ask USCIS to send all correspondence to my friend address in the US (so that to avoid possible delay/unreliability of international mailing)?

4/ Since we are overseas, how would fingerprinting work? Do we need to submit fingerprint cards (FD-258) along with our application or are we going to be instructed to have our fingerprints captured at an US overseas office during the process?

If it is the former, where can I get fingerprint cards and how to get the cards completed. And if it is the later, what if the US Consulate Office in my country does not offer this service?

Henry.

[mnbinth 2]

1. According to our lawyer, you can apply from overseas. We did not need to, but it is possible. Read this thread. Some of the links have changed, but you can find the documents other places online I'm sure.

2. I would not use a foreign address. It would only raise questions and I'd rather rely on the U.S. mail systems. We used a family member's address who we knew would not be moving during the application process. They scanned all documents for us. This was during visa applications.

3. Do you need "care of"? Can't you just put your name on the address? That's what we did through the whole immigration journey.

4. I'm not sure about how to do the fingerprints.

Edited March 25, 2011 by mnbinth

[usc01 0]

1. According to our lawyer, you can apply from overseas. We did not need to, but it is possible. Read this thread. Some of the links have changed, but you can find the documents other places online I'm sure.

2. I would not use a foreign address. It would only raise questions and I'd rather rely on the U.S. mail systems. We used a family member's address who we knew would not be moving during the application process. They scanned all documents for us. This was during visa applications.

3. Do you need "care of"? Can't you just put your name on the address? That's what we did through the whole immigration journey.

4. I'm not sure about how to do the fingerprints.

Hi mnbinth,

Thank you very much for the prompt response.

1. Did you apply from the US before going overseas, and then come back only for interview/oath? How did you do fingerprinting?

2. I am wondering if we can use US address as our home address while claiming that we are applying from overseas, and asking to be natuaralized at a Field Office of our chosen (Fairfax, VA is what I am thinking of)? Would that confuse USCIS? Also if we use a US address, USCIS could schedule fingerprint appointment at an ASC in the US. If so we would end up having to fly back to the US just for fingerprinting??

3. The reason is the concern in 2. above.

Henry.

[kilipit 0]

my husband is currently working on a command tour as of the moment,

im currently here in korea for visit for 90 days.

i been out of the USA since October 2010 until this time, hope it will not affect my application for naturalization because were going to apply for it anytime soon. and my husband will stay here in the next 2 years.

goodluck to me. hope to hear from good news about this topic.

[mnbinth 2]

"1. Did you apply from the US before going overseas, and then come back only for interview/oath? How did you do fingerprinting?"

We applied in the U.S. and stayed there until oath ceremony. However, you can apply from overseas, but you have to go back for interview/oath. I don't know how the fingerprinting works but according to the law, you can apply from overseas.

"2. I am wondering if we can use US address as our home address while claiming that we are applying from overseas, and asking to be naturalized at a Field Office of our chosen (Fairfax, VA is what I am thinking of)? Would that confuse USCIS? Also if we use a US address, USCIS could schedule fingerprint appointment at an ASC in the US. If so we would end up having to fly back to the US just for fingerprinting?"

Applying from overseas seems even more confusing. I don't have answers to those questions. USCIS is incompetent and rarely sees these cases. I was told my wife was the first case at our local service center. Never ever expect them to understand your case. Always expect them to be confused, hurried and overworked so when you send them stuff, make sure it's organized and that what you want them to know and do is written so clearly, a 3rd grader could understand. I really recommend people higher a lawyer and eat the cost. Citizenship is too valuable to let paperwork mistakes or incompetent adjudicators screw things up. Also keep in mind, USCIS has a Congressional liaison office. If you ever have trouble. Go to your local Congressmen's office and ask them "to make a congressional inquiry to the USCIS Congresional liasison office" on your behalf. All they have to do is shoot a quick e-mail to the office. Shoot, even if you don't have trouble, I would go ask them to check on your case for you. It can do nothing but help.

[danar 0]

1.)You can apply N400 while you are oversea.

2.) You can use your address oversea but should have a mailing address in the US. You can have your relatives address as your mailing addres in the US.

3.) You can have your fingerprinting in any US embassy/consulate in the country you reside. (You can even save money on this because its free...You will incluce your copy of fingerprints in your application) The only time you will come in the US is for your interview.

Im now a US citizen through 319b so if you have questions...Im more than willing to give you informations.

[kilipit 0]

1.)You can apply N400 while you are oversea.

2.) You can use your address oversea but should have a mailing address in the US. You can have your relatives address as your mailing addres in the US.

3.) You can have your fingerprinting in any US embassy/consulate in the country you reside. (You can even save money on this because its free...You will incluce your copy of fingerprints in your application) The only time you will come in the US is for your interview.

Im now a US citizen through 319b so if you have questions...Im more than willing to give you informations.

thank you very much, by next month, our orders will be approved and i will apply for the naturalization. how long does it takes the process til i will have interview because i want to put on my cover letter the month that i would want to have interview as the same month of my husband's leave and we were going back to USA together, i'll keep in touch. Godbless.

[danar 0]

My n400 319b application was received November 22, 2010 and I was interviewed April 8, 2011 in the morning and in the afternoon I had my oath taking. Ask the immigration officer when is the earliest day that you can join the oath taking if you are just staying for one month in the US and apply for overnight expedite passport...in one week youll receive your US passport.

[danar 0]

Usually processing time varies from 4 to 6 months. In my case, 4 and a half months. Jan 20, 2011 INS ask for additional documents, DD1278 and explained there that once I submitted the document, expect that within 2 months I'll be scheduled to have my interview.

Good luck to You!!!

[mmk 0]

HI ALL,

I'M JUST ABOUT TO START THE APPLICATION PROCESS FOR MY WIFE. THIS THREAD HAS BEEN A WEALTH OF INFO AND I THINK IT HAS ALL THE DETAILS NEEDED ON HOW TO GO THROUGH.

THERE ARE FEW THINNGS THAT I WOULD LIKE TO HEAR FROM YOU ABOUT YOUR OWN APPLICATION AND HOW YOU HANDELED IT.

1.IN THE N400 SECTION 10, THERE WERE 2 QUESTIONS ABOUT WHETHER THE APPLICANT HAS FILED STATE, LOCAL OR FEDERAL TAX AS "NONE RESIDENT". SINCE WE WERE ABROAD, WE HAVE FILED FED TAXES AS RESIDENT, HOWEVER, SINCE WE HAD NO HOME IN THE US, WE FILED AS NON RESIDENT FOR THE STATE TAXES.

HAVE WE SHOT OURSELVES IN THE FOOT? I UNDERSTOOD THAT THE RESIDENCY REQ IS WAIVED FOR THIS PARTICULAR CASE, AND TAXES ARE PART OF IT. ANYONE WITH SIMILAR CASE?

APPRECIATE YOUR INSIGHT..THANK YOU

[Uzbechka 0]

Hello everyone,

I have applied for Naturalization under 319(b). It has been a long process. When I finally came to my interview at a local USCIS office and waited for 2 hours, they told me that my file was in South Carolina instead of North Carolina by mistake. They promised to reschedule and put me through the interview as soon as my file will be in Charlotte. I waited for two weeks and heard nothing from USCIS, so I made an appointment through Infopass and asked about the progress of my case. They told me my file was in their hands and now I have to wait for the new interview. I reminded that I was promised USCIS local office will expedite the case due to the mistake. They said 3 weeks is the fastest they can offer. Luckily, my mother in law (US citizen) was with me and she asked for the IO's name, in case they will not follow their new promise, the officer was hesitant to give us her name but finally did. Two days later I receive a new notification letter stating my new interview day in three days!

My advise? If you want to hold people accountable (in any situation) ask their names.

[kilipit 0]

hi, i have a question, our orders will be approved on july 2011 then i can apply for naturalization, then i will request to have an interview in virginia on november 2011 same time as my husband leave and we can fly together back in US, i was out in the country since october 2010. my question what i will present on the port of entry on my arrival in US, i never apply for re entry permit at all since i left, is the travel orders and my greencard is enough to enter USA and my interview appointment for my naturalization?

any advice, thanks

[kilipit 0]

i already submitted my application for N-400 this july month. i received my first notice july 18, now on my status online it says that i am place for inline interview on july 28, 2011. i just request to have my date of interview in November and have the same oath then i dont need to go back since we will drive far from Kentucky to Fairfax virginia. i used my overseas address and did my finger printing here on military base in korea.

good luck to me and i cant wait for this.

[JADE83 0]

hi i'm a military spouse,my husband will be deployed to UK next march,the immigration officer here in TX told us to apply for citizenship under 319B,when i fill the form N400,i got 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?

thanks in advance for your help!!!!

[bipul.kabir 0]

Dear All:

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

My question is:

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

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

Thank you in advance for your help.

Regards

Kabir