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Posted

Just an update on my status. I am not a PR for almost a year now, my husband is due to be deployed for 6 months in May this year. I have been reading about getting my citizenship expedited, but not sure how long my husband has to be deployed to be eligable. Also when i file do i need a seperate form for my daughter?

Thanks for any clarification.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Here are some of the requirements for filing for expedited naturalization...

"FAQ Sheet for Spouse of a U.S. Citizen Regularly Stationed Abroad

SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES.

WHAT REQUIREMENTS MUST I MEET FOR NATURALIZATION UNDER SECTION 319(B)?

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

2. The U.S. citizen must be “regularly stationed abroad” in the employment of:

• The U.S. government; or

• An American institution of research recognized as such by the Attorney General; or

• An American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S., or a subsidiary thereof; or

• A Public International Organization in which the U.S. participates by treaty. Per Title 8 of the Code of Federal Regulations, Part 319.5, these organizations are: The North Atlantic Treaty Organization and

The UN and all agencies and organizations which are a part thereof; or

• Is authorized to perform the ministerial or priestly functions of a religious denomination having a bonafide organization within the U.S. or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bonafide organization within the U.S.; and

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

4. You comply with all applicable naturalization requirements

(http://uscis.gov/graphics/services/natz/require.htm) of Sections 316 & 319 of the Immigration and Nationality Act (http://uscis.gov/graphics/lawsregs/ins.htm) and Parts 316 and 319.2 of Title 8 of the Code of Federal Regulations (http://uscis.gov/graphics/lawsregs/8cfr.htm) except that no particular period of lawful permanent residence is required..

5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND

6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization.

7. You must be physically present in the United States at time of naturalization.

8. You must declare in good faith an intention to reside permanently in the United States when your spouse’s employment abroad terminates. "

Posted

You can't get it for orders unless your husband has a year remaining overseas.

I'm pretty sure you have to be able to join him too as it's meant to help with the whole scenario of not being able to meet the years in residence requirement.

If he had pcs orders somewhere overseas and you could go with him, then that's the scenario it can be used (I believe).

We are about to try this route and will be filing next week since we are off for 4 years to Germany. I'll let you know if we find out anything more.

See my timeline for my expedited I-130 application due to military pcs

n-400

Expedited naturalization (under s 319(b) INA) due to military pcs

n-400 sent: 2013-02-02

NOA1: 2013-02-15

Biometrics date rec: 2013-02-15

Biometrics date: 2013-03-07 (EB walk in 2013-02-20)

Second biometrics: 2013-03-19 (First set unclassifiable)

Inline for interview: 2013-03-21

Testing/interview date: 2013-03-27

Oath ceremony: 2013-03-27

Moving to Germany! 2013-04-13

I'm A United States Citizen

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

Disqualifies you right there if you are not a PR, so look into becoming an LPR first. ;)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (pnd) Country: Grenada
Timeline
Posted

Just an update on my status. I am not a PR for almost a year now, my husband is due to be deployed for 6 months in May this year. I have been reading about getting my citizenship expedited, but not sure how long my husband has to be deployed to be eligable. Also when i file do i need a seperate form for my daughter?

Thanks for any clarification.

Hi NavyAngel,

In order to qualify for under 319(b) of the INA which would grant expedited citizenship there are some criteria you must meet.

First, your spouse must be stationed not deployed abroad. The difference is that you will be able to follow him and live with him abroad. Usually, his orders will require him to stay abroad for at least 3 years. In addition, you will be command sponsored and or listed on his orders as well as any and all children who live with you. You must already be a Permanent Resident - conditional or long term. If you are not a permanent resident yet, do not hesitate to start your application for PR status also known as Adjustment of Status. If you were here on a tourist visa or whatever, do not worry about that... if your spouse is an American citizen and active duty then you will not have to worry. When applying list your daughter on the application where appropriate depending on her age it will either be granted to her automatically once you get yours or you will have to apply for her. However, you can get more information from the USCIS site. Finally, since your spouse is scheduled to deploy if he has already received his orders include it in your packet and it will be expedited. Ok? Let me know if you have any questions. I have been through the process and I am going through the N400 application process under 319(b).

  • 2 weeks later...
Posted

Just an update on my status. I am a PR for over a year now, my husband is is now deployed for 180days or more. I have been reading about getting my citizenship expedited, but not sure how long my husband has to be deployed to be eligable.

Thanks for any clarification.

Posted

__________

Residence, Physical Presence, and Overseas Naturalization

for Spouses of Members of the U.S. Armed Forces

319(b)

Must be LPR but no specified period of residence or physical presence is required

Must complete interview and oath in United States

The law permits expedited naturalization in the United States for eligible spouses of U.S. citizen service members who are or will be stationed or deployed abroad.[11] This provision does not require any prior period of residence or specified period of physical presence within the United States for any LPR spouse of a U.S. citizen who is an employee of the United States Government (including a member of the U.S. armed forces) or recognized nonprofit organization who is stationed abroad in such employment for at least one year.[12]

See my timeline for my expedited I-130 application due to military pcs

n-400

Expedited naturalization (under s 319(b) INA) due to military pcs

n-400 sent: 2013-02-02

NOA1: 2013-02-15

Biometrics date rec: 2013-02-15

Biometrics date: 2013-03-07 (EB walk in 2013-02-20)

Second biometrics: 2013-03-19 (First set unclassifiable)

Inline for interview: 2013-03-21

Testing/interview date: 2013-03-27

Oath ceremony: 2013-03-27

Moving to Germany! 2013-04-13

I'm A United States Citizen

Filed: Citizen (pnd) Country: Grenada
Timeline
Posted

Your husband being deployed will not assist you in getting expedited naturalization. It must be a Permanent Change of Station (PCS) to a base overseas where you can go with him for you to qualify under 319(b). Having your 2 year GC you are good unless you have to remove for conditions which will not be an issue either simply include a copy of his deployment orders.

 
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