AM i eligible for the 319(b) naturalization?

[newlyweds 0]

Hi,

somebody told me to look up the 319(b) naturalization. As much as it is all very exciting for me. This is my situation, I entered the US thru a K-1 visa, did the AOS, got approved for the GC feb. 2010.

My husband is stationed in okinawa, japan since august 2008 . I have command sponsorship and has been here since february 19, 2010. We do have a US embassy on Naha city here on okinawa island. (so i think I can go there for fingerprinting)

I read some of the posts and I noticed they have been legal permanent residents for more than a year. Anyway, My questions are:

1) is it too soon to start gathering for it now and apply ASAP even if my 2-yr green card had just been approved since february 2010?

2) My husband doesn't leave until march 2012, do you guys think I will have enough time to be eligible for this:

The term “regularly stationed abroad” means that the overseas employment contract for your spouse clearly shows that your spouse’s employment will continue abroad for at least one year after the date that you will be naturalized.

how long could it take? I want to apply ASAP because we leave march 2012, and I'm afraid what if they wil deny me because of that since we'll go back to the US after his DEROS(date of rotation)

3)what should my requirements be?

4)what address must I send my application once we have everything done ? someone told me about fairfax, VA for a one day test taking, oath taking.. will I have to fly to the US to do that by then?

and oh, this may be a stupid question but is there also an interview for naturalization?

thank you so much!

[me&me 0]

YES, You are eligible for N-400 under the INA 319 (b) and you should apply as soon as possible. Your application should be sent to Nebraska Service Center, as they process all military and miltary spouses N-400. Get your 2 sets of finger prints cards done at any MP station or Security unit on your military installation there and enclose them with your application package.

Yes, there is an interview and you can ask to be interviewed at any office of your choice back in the states, people suggest Fairfax, VA cause its experience of 319(b) cases, same day oath, and the convenience of the passport office located in the area. Honolulu, HI is another option as it's the expert of the west coast for the 319 (b) cases. It's your choice to name your interview location or you can leave that blank and they will direct you to the nearest expert office to your geographical location.

Good luck.

[me&me 0]

YES, You are eligible for N-400 under the INA 319 (b) and you should apply as soon as possible. Your application should be sent to Nebraska Service Center, as they process all military and miltary spouses N-400 applications.

The requirements in your case are:-

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

You 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).

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

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

o A member of the U.S. Armed Forces

You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your 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.

Two(s) sets of FD-258 fingerprint cards.

(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)

Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel, if you are authorized concurrent travel. If you cannot submit this form, the letter from your spouses Commanding Officer that is described below must also include permission for you to reside abroad with your spouse after naturalization.

A letter from your spouses Commanding Officer on official letterhead certifying that he or she is your spouses Commanding Officer and the official date of rotation (DEROS) of your spouse from the overseas assignment.

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)

2 identical passport photos

And not to forget the N-400 application form signed and dated .

Yes, there is an interview and you can ask to be interviewed at any USCIS office of your choice back in the states, people suggest Fairfax, VA cause of its experience of 319(b) cases, same day oath, and the convenience of the passport office located in the area. Honolulu, HI is another option as it's the west coast expert of the 319 (b) cases. It's your choice to name your interview location or you can leave that blank and they will direct you to the nearest USCIS office to your geographical location.

Good luck.

Edited July 1, 2010 by me&me

[newlyweds 0]

a friend of mine said there is a US consulate here in okinawa island so we could just go there too for the fingerprinting otherwise yes, the MPs would be a good thing.

By the way, I have had a citation from the MPs for a driving accident here. Do you think that will halt my application? I mean a month after I got here, i tried learning how to drive for the 1st time, I had my learner's permit I was going to have my driving class a week later but I got into an accident and we learned I wasn't supposed to drive off-base but we live offbase and I hit our neighbor's gate. So the japanese police here did an investigation on that, I had an interrogation done and all that since it raised questions about me driving without a license.I didn't know the learner's permit issued on base was only for onbase driving. We have yet to wait what goes on with the Japanese prosecutor, anyway My question is, will I need a police clearance? will that whole traffice violation affect me or something? I've never been into anything like that, so I'm scared it might affect this. thanks!

[me&me 0]

And one more thing: Copy of your spouse's "Command sponsored" military orders to the overseas assignment.

[newlyweds 0]

oh, I was researching too.. you should to send it to nebraska, and i read on this site : http://www.hoodmwr.c...on/319b_FAQ.pdf that i send it to vermont.. should I do vermont instead or nebraska.. which will be faster?

And one more thing: Copy of your spouse's "Command sponsored" military orders to the overseas assignment.

I do have that too, I have the copies when they issued that for my husband. So I guess that wil be enough to show I can stay here legally after naturalization then. And I talked to my husband to talk to his CO, but he said the CO will be on leave so the acting CO will likely make that for him instead.

BTW<

You 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).

what are those requirements under the 312 and 316?

Edited July 1, 2010 by newlyweds

[me&me 0]

To be honest with you, I have no idea about your traffic citation and its impact on your case (have never been in simillar situation), BUT, from reading online on different forums generally it shouldn't be a biggie. Just list it there where it asks on the application form, and then when you are called for the interview have your paperwork ready with you, just in case.

For the address thing, I sent mine to Vermont and it was processed at the National Benifit center and ended up at Nebraska lol, so cut the story short and send it to Nebraska, so you can save some waiting time. As they have to do all the final checks and immigration background checks before transfering your case to the local office. And at the same time it's the best cause they can provide you with detailed info about your case and where it stands when you call the military help line.

Edited July 1, 2010 by me&me

[me&me 0]

BTW<

You 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).

what are those requirements under the 312 and 316?

Good Moral Character.

Edited July 1, 2010 by me&me

[newlyweds 0]

To be honest with you, I have no idea about your traffic citation and its impact on your case (have never been in simillar situation), BUT, from reading online on different forums generally it shouldn't be a biggie. Just list it there where it asks on the application form, and then when you are called for the interview have your paperwork ready with you, just in case.

For the address thing, I sent mine to Vermont and it was processed at the National Benifit center and ended up at Nebraska lol, so cut the story short and send it to Nebraska, so you can save some waiting time. As they have to do all the final checks and immigration background checks before transfering your case to the local office. And at the same time it's the best cause they can provide you with detailed info about your case and where it stands when you call the military help line.

oh ok.. so I would need to mention my traffic violation then? oh well, anyway, ok so Nebraska it is.. lol i saw that pdf from that website with vermont so i guess I should just do yours then send it to nebraska.. when you sent yours, did you send it to this:

Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479

Attn: Expedite Naturalization – 319(b)

there's this too: from that website ( http://www.hoodmwr.com/acs/Media/Program_folder/IRO/Naturalization/319b_FAQ.pdf )

USCIS/ District Office #7

2675 Prosperity Avenue

Fairfax, VA 22031

Attn: 319(b) Case – EYES ONLY

but that information could be outdated lol coz I just saw that from a previous post.. so who knows I looked at the USCIS site, and it was just for the regular N-400