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Section 319(b) of INA, Naturalization Spouse

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Filed: Timeline

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

The above link takes you to the USCIS page that explains a law which supposedly allows a foreign spouse, who has her green card, conditional or otherwise, to receive her citizenship if her US citizen spouse is deployed overseas.

For any of you familiar with this law I have two questions.

1. Does this apply to one year or greater deployments to places where you cannot bring your foreign spouse, aka Afghanistan?

2. Does this law apply to US territories overseas?

Please let me know what you all think.

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I think this part right here under Expedited Naturalization for Spouses of Military Members answers your two questions:

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

If it's an unaccompanied tour and if the location abroad is a US territory, then it doesn't qualify for the expedite.

A non-US Citizen who will still live in US soil will have no use for an expedited process anyway.

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

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  • 1 month later...

We are filing under 319(b) now. Your service member has to be currently serving overseas or have orders to go And you as the spouse have orders to go with him.

K1 Process 192 Days (From Mailing to POE)

Spoiler

08-17-2018 Mailed I-129F to Dallas, TX

08-20-2018 Delivered to Dallas, TX

08-23-2018 USCIS Text and email with Receipt #

08-27-2018 Received NOA1 Hard Copy

11-21-2018 CFO Interview- Passed. Received certificate and Receipt.

01-11-2019 Approved I129F. Received Text and Email. 

01-14-2019 NOA2 Hard Copy received- Stated Received date as 20Aug18, and NOA2 date as 10Jan19. DS-160 Submitted

01-25-2019 NVC Case Number by phone.

01-28-2019 Paid Visa Fee at BPI

01-29-2019 Scheduled Interview

02-05-2019 Case "In Transit" from NVC to USEM Philippines

02-07-2019 “Case Ready” at NVC 

02-08-2019 Received NVC Letter email

02-12-2019 Completed Medical

02-14-2019 Interview Passed

02-15-2019 Case Immigrant "Administrative Processing"

02-25-2019 Case “Nonimmigrant Administrative Processing”

02-27-2019 Visa Issued

03-04-2019 Visa On Hand

03-06-2019 CFO Sticker received

03-07-2019 POE Atlanta 

 

AOS Process

Spoiler

05-03-2019 Mailed AOS/EAD/AP

05-07-2019 Packet arrived to USCIS

05-28-2019 AOS Fee Charged to Card

05-29-2019 NOA Date

06-03-2019 Received NOA Receipts

06-07-2019 Biometrics Letter

06-17-2019 Biometrics appointment

08-07-2019 Ready to schedule interview

08-27-2019 Interview Scheduled

09-03-2019 Interview letter received.

09-18-2019 EAD Card in production 

09-19-2019 AP Approved

09-23-2019 EAD Card mailed

09-30-2019 EAD Card received 

10-04-2019 Interview passed/Card in production

 

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