Confused about 319b Expedited Filing

[Ladylethal 12]

I've been reading about filing the N-400 through 319b expediting and the more I research the more confused I get.

My husband (who's in the Air Force) just got orders to Germany, and we leave May 1st. I read that in cases where the spouse has orders to live abroad my case could be expedited, BUT the info I have found about the 319b is that it's made for those already abroad. I did read I could file while here but then they say to have the interview in Washington or Fairfax?

I'm trying to figure out if I should file now or wait to file once I'm in Germany, and if I file now, what are the actual requirements and forms needed to file through Nebraska, and have it expedited. The USCIS site is a bit confusing on the issue, as it doesn't clearly list forms needed for my case, although it mentions filing if you WILL live abroad.

I'd appreciate some insight from anyone who's gone through a similar situation, or who can point me in the right direction, as the topics I've found here on the forums also didn't answer questions for my particular case.

EDIT: Just a side note, I've been eligible for the N-400 based on marriage since 2009 but didn't feel the need to file until now, that I'll be living outside of the US for 4 years and didn't want to deal with re-entry permits, etc. Also, I'll be eligible for N-400 based on 5 year residency on March this year.

Edited January 9, 2012 by Ladylethal

[Inky 1,110]

Not sure if you read this from USCIS figure i would post it for you just in case.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=198e27964cebc110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8aa13e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD

Expedited Naturalization for Spouses of Military Members

Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA).

In general, an applicant for naturalization under section 319(b) of the INA must:

• Be age 18 or older
• Establish that his or her U.S. citizen spouse is deployed abroad as a service member
• Be present in the U.S. pursuant to a lawful admission for permanent residence (green card holder) at the time of examination on the naturalization application
• Be present in the U.S. at the time of naturalization
• Declare in good faith upon naturalization an intent to reside abroad with the U.S. citizen spouse and to reside in the U.S. immediately upon the citizen spouse’s termination of service abroad
• Be able to read, write, and speak basic English
• Have a basic knowledge of U.S. history and government (civics)
• Have been, and continue to be, a person of good moral character, attached to the principles of the U.S. Constitution and well disposed to the good order and happiness of the U.S. during all relevant periods under the law

Overseas Naturalization for Spouses of Military Members

The National Defense Authorization Act for Fiscal Year 2008 added Section 319(e) to the INA which allows certain eligible spouses of service members to naturalize abroad without traveling to the United States for any part of the naturalization process and also treats qualifying residence abroad as residence and physical presence in the U.S. for purposes of naturalization.

In general, to be eligible for naturalization abroad pursuant to section 319(e) of the INA, the permanent resident spouse of a member of the U.S. armed forces must:

• Be authorized to accompany the service member abroad pursuant to the member's official orders

• Be residing abroad with the member in marital union
• Meet the requirements of either Section 316(a) or 319(a) of the INA at the time of filing the naturalization application, except for the residence and physical presence requirements.

Section 319(a) applies to spouses of U.S. citizens who have been permanent residents for 3 years immediately preceding the date of filing the naturalization application and who have lived in marital union with their citizen spouses for at least those 3 years. Section 316(a) applies to spouses who have been permanent residents for 5 years immediately preceding the date of filing the naturalization application.

For more information, including how to apply, see the “Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. armed forces” link to the right.

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Basically you need the proof of him being stationed in another country with your name on it as his spouse with orders to follow. - plus all of the other N-400 proof stuff.

[Ladylethal 12]

I did read all of that info, I'm wondering where I'd have my interview, and what happens if that interview doesn't happen before we have to leave to Germany. If I have to stay behind for this interview it'd be a great expense for us, as we live on base housing, meaning I'd have to stay in a hotel for an undetermined amount of time.

The USCIS instructions on how to file under that section state "Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA)." but when I go to the specific page on military spouses, the instructions seem to be only for those who are already abroad, and doesn't really list any forms and documents for my case, unless it's the same for everyone with the single addition of the copy of my husband's orders.

[Inky 1,110]

I did read all of that info, I'm wondering where I'd have my interview, and what happens if that interview doesn't happen before we have to leave to Germany. If I have to stay behind for this interview it'd be a great expense for us, as we live on base housing, meaning I'd have to stay in a hotel for an undetermined amount of time.

The USCIS instructions on how to file under that section state "Spouses of U.S. citizen service members who are (or will be) deployed may be eligible for expedited naturalization in the United States under Section 319(b) of the Immigration and Nationality Act (INA)." but when I go to the specific page on military spouses, the instructions seem to be only for those who are already abroad, and doesn't really list any forms and documents for my case, unless it's the same for everyone with the single addition of the copy of my husband's orders.

If filing in the USA before you leave -

Interview is done in the USA as per the instructions, naturalization is done in the USA as per the instructions.

Outside the country -

If you are not in the USA your biometrics is taken at the base on a finger print card and you mail in the finger print card with the application.

from the list of guides/PDF panflits available on the USCIS military links, it seems to state that you would have to have your interview and naturalization in the USA anyways.

[StormnRolly 0]

If I were you I would wait until you were in Germany with your husband, then file the 400 as an overseas application. You will have your interview at the closest USCIS office to you. Usually a US consulate/embassy in the country you're stationed. Good luck. I think the only office in Germany is Frankfurt. You would send in your application to them or to Nebraska.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD