319 (b) Military Wife

[georgenmimgming 0]

[size="4]Hello, hope somebody will help me with this. I submit my N-400 Application for Naturalization last Feb. 12, 2009. And my application is based on a category as a spouse of a U.S. Citizen who is a member of a U.S. Armed Forces. I got my Permanent Residence Card on October 2, 2006. My husband left for Korea last March 2009 on a unaccompanied tour order for one (1) year. Before he left for Korea we already have a projected order to Ghedi Italy, and we need to be there no later than April 2010. After we read the M-476 ( A Guide to Naturalization) page 20, it said that I just need to be a lawful permanent resident on the day of the interview. So we submit my application (N-400, pictures, $675 check, and all the documents that I need), to Nebraska Service Center. On March 20, 2009 I got my appointment for finger printing. And on this month June 3, 2009 I have my apppointment for interview only to tell me that my application is not sufficient based on being a lawful permanent resident for at least 3 years, and my time of residence here in U.S. will be on October 2, 2009 and my application is not valid either under the 319 b category because we are not currently station overseas and our projected order will be next year. So what they do is, they ask me if they are going to denied my application or withdraw it. So what I did was withdrawing it because if I choose an option of denial there is a lot of process and lawyer fees involved. They told me to re-apply again on or after October 2, 2009 and I am going to pay again the fee of $675.00. My question is, Is it them who suppose to know before accepting my application if I'm qualified or not before they scheduled my interview? Is my application was suppose to be returned to me before they accept my check (money order)? Please I need any kind of help right now, we're so confused. Thank you.[/size]

[milimelo 4,578]

It is up to you to know when you are eligible to naturalize. They are not going to and should not refund your money.

Why would you submit 319( B) when you did NOT have the orders to be stationed abroad in a few months and you were riding on the possibility of being stationed next year?

Apply again as they told you, in October and you can apply 90 days before the date your residence was granted so count down 90 days before.

Edited June 18, 2009 by milimelo

[georgenmimgming 0]

It is up to you to know when you are eligible to naturalize. They are not going to and should not refund your money.

Why would you submit 319( B) when you did NOT have the orders to be stationed abroad in a few months and you were riding on the possibility of being stationed next year?

Apply again as they told you, in October and you can apply 90 days before the date your residence was granted so count down 90 days before.

Thanks for the response, I just base my application on M-476 page 20. I also read some of the posted info. from other members here, after they filed N-400 under section 319 (B) their application was returned back to them I think 4 times. Why they didn't do that to me? I guess I'm special huh? lol

[Catie 0]

Technically, when you file your N400 last March 2009, you were not yet qualified for the 319(a) of the INA which is the reason why they returned your application. You also don't qualify under 319B of INA because you're not about to PCS to an overseas duty station.. You would need to provide a DD form 1278 signed by the commander and your orders before you lodge the application..

Edited July 12, 2009 by Catie

[georgenmimgming 0]

Technically, when you file your N400 last March 2009, you were not yet qualified for the 319(a) of the INA which is the reason why they returned your application. You also don't qualify under 319B of INA because you're not about to PCS to an overseas duty station.. You would need to provide a DD form 1278 signed by the commander and your orders before you lodge the application..

Actually we already had a letter from my husband commander regarding DD 1278. But my problem is, they haven't returned my application before they scheduled my fingerprinting and my interview. I just found out that there's a lot more about 319 (B) than what they have posted on their website, and I just know about it on the day of my so called "INTERVIEW DAY" (never happened).

[Catie 0]

Technically, when you file your N400 last March 2009, you were not yet qualified for the 319(a) of the INA which is the reason why they returned your application. You also don't qualify under 319B of INA because you're not about to PCS to an overseas duty station.. You would need to provide a DD form 1278 signed by the commander and your orders before you lodge the application..

Actually we already had a letter from my husband commander regarding DD 1278. But my problem is, they haven't returned my application before they scheduled my fingerprinting and my interview. I just found out that there's a lot more about 319 (B) than what they have posted on their website, and I just know about it on the day of my so called "INTERVIEW DAY" (never happened).

did you have to pay for it? or did they give you back your check?? I am thinking of putting my N400 application together here in Germany but I only have less than a year left. I am quite hesitant...

[georgenmimgming 0]

Technically, when you file your N400 last March 2009, you were not yet qualified for the 319(a) of the INA which is the reason why they returned your application. You also don't qualify under 319B of INA because you're not about to PCS to an overseas duty station.. You would need to provide a DD form 1278 signed by the commander and your orders before you lodge the application..

Actually we already had a letter from my husband commander regarding DD 1278. But my problem is, they haven't returned my application before they scheduled my fingerprinting and my interview. I just found out that there's a lot more about 319 (B) than what they have posted on their website, and I just know about it on the day of my so called "INTERVIEW DAY" (never happened).

did you have to pay for it? or did they give you back your check?? I am thinking of putting my N400 application together here in Germany but I only have less than a year left. I am quite hesitant...

Yeah, I actually paid $675.00, and no, they haven't returned my check. If you are still at least 8 months left that's okay, but if not, don't gamble. But if you guys are still overseas after Germany, that is not a problem.