N-400 319(b) rejected 3 times

[skarim 0]

My question is related to a similar question discussed here earlier titled "N-400 319b application rejected 4 times, need help". Our application has also been rejected 3 times with a standard rejection letter identifying some incomplete fields and reminding us to enclose all required docs. Since all necessary docs were included, the most probable cause is a missing or incomplete field. In the earlier posting the poster concluded that her application had been rejected automatically by a computer because she did not have a US address in Section 4 of form N-400 (Home Address). I would like to know if others have had similar problems. I inquired from USCIS in Hawaii about this matter and they wrote to me that foreign address are allowed as Home Addresses. This has left me speculating that the real reason could be that my international Home Address did not have a "county" or "state"; these fields were blank in my form.

My questions are: (1) Have people successfully filed using foreign "Home Address". Was the "state" and "county" fields completed (2) If you successfully filed using a US Home Address, how did USCIS communicate with you; through the "Home Address" or the alternate "Mailing Address"

Thanks for your assistance.

[Brother Hesekiel 2,236]

Are you living outside of the United States? Is your home located in Singapore? If so, I think I have an idea why your application has been denied 3 times already.

[ValerieA 350]

I thought you had to live in the US to naturalize? Sorry if that question is naive, I am not at the citizenship stage for another 3 years, and have not done any research really.

[ValerieA 350]

Ah, yes, went and checked the guides. OP, the guides indicate you must have been resident in the US for the 3 months preceding filing the application, is this what is causing your application to be rejected?

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has been lawfully admitted for permanent residence (see preceding section);

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

*has resided within a state or district for at least three months

Naturalization requirements

Edited June 4, 2010 by ValerieA

[me&me 0]

Skarim,

I have filed for N-400 under INA 319(b) too from overseas. I have written down our overseas home address in part 4.A and provided our APO add in part 4.B. they have sent me the NOA in our APO add. Having an overseas home address is not the cause of your 319 (b) case rejection, they even list your name, date of birth and overseas home add on the first NOA and ask you to verify them. The physical and the continous residence in the US is waved for 319(b) if you have been admitted to the US as a legal permanent residence, even if that was only for one day.

You should check the other requiremnets as they have told you on your rejection letter. You can look it up on this web site, go one by one and see what is missing. http://www.hoodmwr.com/acs/Media/Program_folder/IRO/Naturalization/319b_FAQ.pdf

Good luck.

[ValerieA 350]

Skarim,

I have filed for N-400 under INA 319(b) too from overseas. I have written down our overseas home address in part 4.A and provided our APO add in part 4.B. they have sent me the NOA in our APO add. Having an overseas home address is not the cause of your 319 (b) case rejection, they even list your name, date of birth and overseas home add on the first NOA and ask you to verify them. The physical and the continous residence in the US is waved for 319(b) if you have been admitted to the US as a legal permanent residence, even if that was only for one day.

You should check the other requiremnets as they have told you on your rejection letter. You can look it up on this web site, go one by one and see what is missing. http://www.hoodmwr.c...on/319b_FAQ.pdf

Good luck.

Thanks for the clarification!

[me&me 0]

This has left me speculating that the real reason could be that my international Home Address did not have a "county" or "state"; these fields were blank in my form.

My questions are: (1) Have people successfully filed using foreign "Home Address". Was the "state" and "county" fields completed (2) If you successfully filed using a US Home Address, how did USCIS communicate with you; through the "Home Address" or the alternate "Mailing Address"

Thanks for your assistance.

BTW: County, State and Zip Code fields in my application were blank too, and I have never provided any State side address, or alternative mailing address other than what we have overseas. And they are communicating with me through our APO add.

ValerieA. You are welcome!

Edited June 5, 2010 by me&me

[skarim 0]

BTW: County, State and Zip Code fields in my application were blank too, and I have never provided any State side address, or alternative mailing address other than what we have overseas. And they are communicating with me through our APO add.

ValerieA. You are welcome!

Dear me&me:

Thanks for your reply. I am filing from Shanghai for my wife and I work for a US company. Therefore, I do not have an APO address. I entered our Shanghai home address in part 4A and in 4B simply mentioned "same as above".

Maybe, I should put an an explicit address in part 4B as well??

[me&me 0]

Dear me&me:

Thanks for your reply. I am filing from Shanghai for my wife and I work for a US company. Therefore, I do not have an APO address. I entered our Shanghai home address in part 4A and in 4B simply mentioned "same as above".

Maybe, I should put an an explicit address in part 4B as well??

Well you shouldn't write explict add. in part 4B, if it's the same as your home address. According to the N-400 instructions: if your mailing address is the same like your home address simply write (SAME). That shouldn't be the problem, other wise they would have mentioned in the rejection letter incorrect or unacceptable mailing address.

If she has any blank spaces in her application, try fill them in with N/A. Review the application carefully and try to see if you have skipped something minor by mistake, it might be the date of the application or any other thing.

The requirements in your wife case is:-

Must be a lawful permanent resident at the time of your interview.

Must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).

Must be married to a U.S. citizen and living together in a valid marital union.

The U.S. citizen spouse must be regularly stationed abroad as:

o A member of the U.S. Armed Forces;

o An employee or an individual under contract to the U.S. government;

o An employee of an American institution of research recognized as such by the Attorney General;

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;<== which I guess it's your case.

o An employee of a public international organization of which the United States is a member by law or treaty; or

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

The applicant must show evidence that s/he will depart to join the U.S. citizen spouse

Overseas employment contract for the spouse clearly shows that the spouses employment will continue abroad for at least one year after the date that the applicant will be naturalized.

Documents should be submited with the Form N-400, Application for Naturalization?

A cover letter directed to USCIS advising that you are applying for naturalization under section 319(b) of the INA. You must state on your cover letter where you wish to be interviewed.

Application fee. Please visit our website at www.uscis.gov for a listing of the current fee.

Fingerprint fee OR two(s) sets of FD-258 fingerprint cards. <== Have she enclosed them??

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

Documentation to establish that your U.S. citizen spouses employer is a qualifying employer and the length of your spouses overseas assignment, which are in your case:-

ALL OTHER EMPLOYERS (an American institution of research recognized as such by the Attorney General, an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States, a public international organization of which the United States is a member by law or treaty, or a religious denomination or an interdenominational organization with a valid presence in the United States).

A letter on official letterhead which states:

o The title of the official attesting to the facts in the letter;

o The name of the institution, firm or corporation and whether the official has access to the companys records;

o The nature of the business that the employer conducts;

o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.;

o The ownership structure of the enterprise; and

o The facts of your spouses employment, the basis of your spouses hire (contract, permanent employee, etc.), and the length of your spouses overseas employment.

A copy of your I-551 permanent resident card (green card)

Proof of your spouses U.S. citizenship (copy)

Your birth certificate (copy)

Your marriage certificate (copy)

Proof of termination of all prior marriages for you and your spouse (copies)

Print out what I have listed above, get a pen and get your wife's N-400 package and go one by one and check what you have enclosed, until you find out what is missing. May be your company or the length of your contract is not eligible for the INA 319 (b), or you have missed a paper and it's what they are asking for.

Good luck. And let me know the outcome.

Edited June 5, 2010 by me&me

[me&me 0]

Well you shouldn't write explict add. in part 4B, if it's the same as your home address. According to the N-400 instructions: if your mailing address is the same like your home address simply write (SAME). That shouldn't be the problem, other wise they would have mentioned in the rejection letter incorrect or unacceptable mailing address.

If she has any blank spaces in her application, try fill them in with N/A. Review the application carefully and try to see if you have skipped something minor by mistake, it might be the date of the application or any other thing.

The requirements in your wife case is:-

Must be a lawful permanent resident at the time of your interview.

Must meet the applicable naturalization requirements outlined in sections 312 and 316 of the INA and Title 8, Code of Federal Regulations (physical presence is not required).

Must be married to a U.S. citizen and living together in a valid marital union.

• The U.S. citizen spouse must be “regularly stationed abroad” as:

o A member of the U.S. Armed Forces;

o An employee or an individual under contract to the U.S. government;

o An employee of an American institution of research recognized as such by the Attorney General;

o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;<== which I guess it's your case.

o An employee of a public international organization of which the United States is a member by law or treaty; or

o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

• The applicant must show evidence that s/he will depart to join the U.S. citizen spouse

Overseas employment contract for the spouse clearly shows that the spouse’s employment will continue abroad for at least one year after the date that the applicant will be naturalized.

Documents should be submited with the Form N-400, Application for Naturalization?

• A cover letter directed to USCIS advising that you are applying for naturalization under section 319(b) of the INA. You must state on your cover letter where you wish to be interviewed.

• Application fee. Please visit our website at www.uscis.gov for a listing of the current fee.

• Fingerprint fee OR two(s) sets of FD-258 fingerprint cards. <== Have she enclosed them??

o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee).

Documentation to establish that your U.S. citizen spouse’s employer is a qualifying employer and the length of your spouse’s overseas assignment, which are in your case:-

ALL OTHER EMPLOYERS (an American institution of research recognized as such by the Attorney General, an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States, a public international organization of which the United States is a member by law or treaty, or a religious denomination or an interdenominational organization with a valid presence in the United States).

• A letter on official letterhead which states:

o The title of the official attesting to the facts in the letter;

o The name of the institution, firm or corporation and whether the official has access to the company’s records;

o The nature of the business that the employer conducts;

o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.;

o The ownership structure of the enterprise; and

o The facts of your spouse’s employment, the basis of your spouse’s hire (contract, permanent employee, etc.), and the length of your spouse’s overseas employment.

• A copy of your I-551 permanent resident card (green card)

• Proof of your spouse’s U.S. citizenship (copy)

• Your birth certificate (copy)

• Your marriage certificate (copy)

• Proof of termination of all prior marriages for you and your spouse (copies)

Print out what I have listed above, get a pen and get your wife's N-400 package and go one by one and check what you have enclosed, until you find out what is missing. May be your company or the length of your contract is not eligible for the INA 319 (b), or you have missed a paper and it's what they are asking for.

Good luck. And let me know the outcome.

And don't forget a copy of her Green card (form I-551) back and front and the 2 identical passport photos with her full name and A# written on the back. And it's always good to mention all the enclosed documents in the cover letter, that helps a lot in sorting out the paperwork. And if she has a pending I-751 case, you should mention that as well in the cover letter. And don't forget the big fat check of $ 595.00 made payable to Department of Homeland Security.

[choir001 0]

Hi Skarim,

Just curious to see if you managed to resolve the rejection issue yet?

I am in the process of starting my application and am also living in Shanghai.

If you don't mind sharing, which office are you filing the N400 (319b) with? Right now, I am thinking it is best to use the Fairfax, VA office due to the same day oath option.

Did you do your wife's fingerprints here in Shanghai prior to sending your application?

Any advice you can offer would be so appreciated.

Good luck, I can't wait to follow in your footsteps.

Kim

Dear me&me:

Thanks for your reply. I am filing from Shanghai for my wife and I work for a US company. Therefore, I do not have an APO address. I entered our Shanghai home address in part 4A and in 4B simply mentioned "same as above".

Maybe, I should put an an explicit address in part 4B as well??

[*boricua.esposa* 0]

to me&me:

I am intending to apply from overseas too 319(b). I got a problem under PART 7© for form n400..should i leave the date returned blank since i am still here overseas and did you apply for n-470 prior to leaving the US?

Pls help..thanks

[tissue88 0]

My question is related to a similar question discussed here earlier titled "N-400 319b application rejected 4 times, need help". Our application has also been rejected 3 times with a standard rejection letter identifying some incomplete fields and reminding us to enclose all required docs. Since all necessary docs were included, the most probable cause is a missing or incomplete field. In the earlier posting the poster concluded that her application had been rejected automatically by a computer because she did not have a US address in Section 4 of form N-400 (Home Address). I would like to know if others have had similar problems. I inquired from USCIS in Hawaii about this matter and they wrote to me that foreign address are allowed as Home Addresses. This has left me speculating that the real reason could be that my international Home Address did not have a "county" or "state"; these fields were blank in my form.

My questions are: (1) Have people successfully filed using foreign "Home Address". Was the "state" and "county" fields completed (2) If you successfully filed using a US Home Address, how did USCIS communicate with you; through the "Home Address" or the alternate "Mailing Address"

Thanks for your assistance.

Hi skarim,

I have the same problem. So have you filed your application again? So what did you use for your 'Home Address' and 'Mailing Address'? Is everything okay?

Thanks.

A

[v333k 59]

It is my understanding that 319b is only for people who are overseas due to military orders. Working for a US company without being ordered to reside outside the US does not qualify people to apply under the 319b. I may be wrong, but this could be a clue.

[milimelo 4,583]

It is my understanding that 319b is only for people who are overseas due to military orders. Working for a US company without being ordered to reside outside the US does not qualify people to apply under the 319b. I may be wrong, but this could be a clue.

I think you're wrong: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

Sec. 319. [8 U.S.C. 1430]

[/url](a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

(b) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

© regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

© Any person who

(1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and

(2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and

(3) who files his application for naturalization while so employed or within six months following the termination thereof, and

(4) who is in the United States at the time of naturalization, and

(5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.

(d) Any person who is the surviving spouse, child, or parent 2/ of a United States citizen, whose citizen spouse, parent, or child 2/ dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who, in the case of a surviving spouse, was living 2/ in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required. 2/ For purposes of this subsection, the terms “United States citizen” and “citizen spouse” include a person granted posthumous citizenship under section 329A .

(e) (1) 3/ In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a) , as residence and physical presence in--

(A) the United States; and

(B) any State or district of the Department of Homeland Security in the United States.

(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).

FOOTNOTES FOR SECTION 319

INA: ACT 319 FN 1

FN 1 Language inserted by section 1503(e) of Public Law 106-386, dated October 28, 2000.

INA: ACT 319 FN 2

FN 2 Section 1703(f)(1) of the National Defense Authorization Act for Fiscal Year 2004, Public Law 108-136 , dated November 24, 2003, added a new sentence at the end of paragraph (d) to read: “ For purposes of this subsection, the terms “United States citizen” and “citizen spouse” include a person granted posthumous citizenship under section 329A.

EFFECTIVE DATE- The amendment made by section 1703(f)(1) shall apply with respect to persons granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1) due to death on or after September 11, 2001.

Section 1703(h) further amended paragraph (d) as follows:

(1) by inserting “, child, or parent” after “surviving spouse”;

(2) by inserting “, parent, or child” after “whose citizen spouse”; and

(3) by striking “who was living” and inserting “who, in the case of a surviving spouse, was living”.

INA: ACT 319 FN 3

FN 3 Section 674(a) of Public Law 110-181 , dated January 28, 2008, amended section 319 by adding a new subsection (e). EFFECTIVE DATE: The amendments made by this section shall take effect on the date of enactment of this Act (January 28, 2008) and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date.