Working overseas before eligible to apply for 10 year

[kiwibecka 0]

Thank you, and here's a little update for you.

Just thought I'd give you the link to what I started a while back.

My link

The main piece of info on it is the following:

This is what the lawyer we spoke to told us and suggested:

1. File the petition indicating your overseas address and a U.S. mailing address for the receipt notice. The case will be receipted and most likely USCIS will issue a Request for Evidence (RFE) seeking clarification of your residence and plans/intent to return to the U.S. If you respond that you are living abroad and cannot return for some time, then the petition will be placed on overseas hold until you return to the U.S. (using receipt notice as travel document/proof of status), and upon your return to the U.S. you and your spouse notify USCIS to have case released from overseas hold and biometrics scheduled for continued processing. The practice seems to be that when a foreign address is listed, USCIS is automatically issuing this RFE, but there is always the possibility that the agency will just automatically hold the petition and not issue the RFE, awaiting notification from you and your spouse of your return to the U.S.

2. File the petition with overseas address "Address" on the I-751 and listing U.S. mailing address "Mailing Address" for receipt. USCIS will issue RFE, to which you will respond that you and your spouse are willing to return to the U.S. for biometrics and the interview (if it is not waived). The experience in our firm has been that USCIS will schedule biometrics based on your representation that your wife is spouse to return. Your spouse would need to return to have his/her biometrics taken, and will need to return again if an interview is scheduled (you would need to attend as well).

3. File the petition listing a U.S. address as the "address" in Part 1 of the I-751 and only list your foreign address in your cover letter. The biometrics would automatically be scheduled, which your spouse would need to attend, and the case would not risk being put in "overseas hold." If an interview is scheduled, you would both need to return to attend.

Unless your spouse is unable to travel during your time abroad, in which case you should proceed with option 1, then I would recommend option 2. This way you are being forthcoming about living abroad, but at the same time advising USCIS of your willingness to return for biometrics and for the interview. The risk with this option is the possibility that USCIS places the petition on hold without issuing an RFE, which will require you to do some work to get it released. The third option has also been done successfully, but I prefer the second approach because it is more forthcoming. Residence is a relevant issue for I-751 determinations, so it's probably best to lay everything out clearly for USCIS.

Overall, our sense is that USCIS is very willing to adjudicate the I-751 petition so long as the beneficiary will return to the U.S. as required for biometrics and the interview.

I hope this is also useful for you. The person who wrote this did option 3 and had no problems and should have her new card soon. I am hoping to do option 2 and am just waiting for some response from USCIS.

Good luck and I'll let you know if I hear anything more.

[vny 0]

Hey thanks kiwibecka,

Sorry, haven't checked in for a while. Thanks for the link, will read through that thread too.

Anyways, I called USCIS this morning and after pressing I think about 6 different options, finally got a live human being on the phone. Basically she told me that I should file for the re-entry permit, then next year when we are eligible, then we can still file to remove conditions. So I asked her about the re-entry permit because my job would last more than 2 years, and she said we can file to extend that later also. But she did say that we would have to come back to the US to do the biometrics. She sounded like she knew what she was talking about, but I think I will try calling again to speak to someone else and see if I get the same answers. If not, then I guess I will try an infopass appointment. Sometimes it may help to talk face to face.

Will keep digging and see where that leads and will keep you posted as well.

Thanks again,

vny

[Sunshine2009 0]

Is your job for a US company? If so, you could apply for expedited citizenship for your wife under 319b. (Search forums.) If not, you should have to demonstrate that your job is temporary in nature, and apply for a re-entry permit, although that would only permit your wife to be out of the country for 2 years before she would have to come back to the US and apply for another re-entry permit. If you apply for removal of conditions while living abroad - assuming she is able to maintain her permanent residence in the US, possible, but not easy - it is likely that you're case will be put on overseas hold. (Again, search forums.)

Bottom line, it would be much easier if you waited for your wife to be naturalized before looking for work abroad. If you don't want to wait, you'll have to weigh the hassle of all the re-entry permits and overseas holds and possible loss of her GC with just going and then re-applying for a new GC when you guys decide to come back. Of course, it is rather difficult for the wife of a USC to get a tourist visa to visit the US, but it might be easier for Japanese than for other nationalities, ie Mexicans.

If you can get a job with the US company in Japan that is "engaged in the development of US foreign trade," I think 319b is your best bet. It is mostly used for military service, but there are also possibilities for missionaries and employees of US companies.

Good luck!

I'm just wondering where you can find this form (319b) I've checked all the forms in USCIS website but I couldn't find it..

[Yurika & Jim 77]

I'm just wondering where you can find this form (319b) I've checked all the forms in USCIS website but I couldn't find it..

Sunshine2009, 319b is not form. I searched in VJ and found this

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

[Sunshine2009 0]

Sunshine2009, 319b is not form. I searched in VJ and found this

Thank you so much guys. But I already filed my petition to remove the condition on my residence(I-751) on September 2009 and my case right now is placed on OVERSEAS HOLD :-(