Help Needed with 319(b) - Rejected

[Ontarkie 14,540]

~~Offensive post removed and those quoted, one post returned to view below - Further comments like it will result in administrative action~~

During the last year of reading this website I have seen people from all walks of life helping each other. I've seen Christians helping Atheists and Hindus helping Muslims. I've seen happily married people advising people who have cheated on their spouses. I've seen Israelis and Palestinians and Indians and Pakistanis giving each other advice. I've seen people who have to save up for months to afford the application fee helping people who have high-priced lawyers.

What I've never seen until today, is such a bigoted comment. What is "not normal" on this website is denigrating someone rather than offering assistance.

Gay marriage is legal at the federal level under the Supreme Court's US vs. Windsor decision. That means that a gay US citizen can sponsor his/her legal spouse on an N400 application. That is the law of the nation we are all trying to become citizens of.

Why don't we just focus on helping each other and try to show a little respect for our fellow VJ posters.

[second stage 14]

Section 319(b) intrigued me and I did further research online.

Am sure you read the requirements before sending the app but am copy/pasting them again. Clearly, the officer who reviewed your case must have used Section 319(a) instead of 319(b).

It does say you must depart abroad immediately after naturalization - do you have flight tickets or something that shows impending travel?

As someone suggested, please write a cover letter that you are applying under 319(B) in the BIGGEST and BOLD font and send it off along with a copy of the rejection notice.

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

• No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)
• No specific period of continuous residence or physical presence in the United States is required
• No specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

Edited June 27, 2014 by second stage

[onek 306]

Thank you for your comments. I did note on coverletter and the mailing address as well about 319(b), spouse oversea assignment till 2016 and immediately going oversea upong getting the visa. Again, this is not the issue. If you read my initial post, in the rejection letter USCIS acknowledges that I applied for 319(b), but still asking about 3 years requirements.

On second part of your suggestion, I can't buy ticket without knowing if the case would be approved in 2 months or 6 months, etc.

I'm thinking about reaching out to congressman's immigration office for help as I believe I did everything right and it's a mistake on USCIS' end.

Section 319(b) intrigued me and I did further research online.

Am sure you read the requirements before sending the app but am copy/pasting them again. Clearly, the officer who reviewed your case must have used Section 319(a) instead of 319(b).

It does say you must depart abroad immediately after naturalization - do you have flight tickets or something that shows impending travel?

As someone suggested, please write a cover letter that you are applying under 319(B) in the BIGGEST and BOLD font and send it off along with a copy of the rejection notice.

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is scheduled to be stationed abroad in such employment for at least 1 year at the time of filing, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

• No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)
• No specific period of continuous residence or physical presence in the United States is required
• No specific period of marital union is required; however, the spouses must be in a valid marriage at the time of filing until the time of naturalization.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

[second stage 14]

One more suggestion. You can buy fully refundable ticket say 3 months from today.

Once you take your oath you can adjust your travel or just get your money back if your case has not moved forward.

[JimmyHou 613]

I don't think having tickets would hurt, but I don't think they are required. You need to show that your husband is being sent abroad, not you. As long as he has his deployment documents, then that should be enough.

I think you should follow second stage's advice: regardless of what the issue was this time, outline ALL of the requirements in your cover letter because the next reviewer may make a different mistake and deny your application for a different reason.

You could mail the application and contact your congressperson. If you just contact him/her now they can't do much because when they contact USCIS they'll be told that they have no application on file. There will be nothing for them to follow up on.

Resend the application and make it obvious to a 2 year old that you're applying under 319b. That way hopefully they'll accept your application and if they don't they'll explain why you don't qualify.

[JimmyHou 613]

This is an old thread, but some of the info might be helpful:

http://www.visajourney.com/forums/topic/247291-contractors-and-319b/

[onek 306]

Just to update, resubmitted the packet hoping that someone with more experience would review it and process it. Will follow up after a couple of days of receipt.

[Messybrownhair 251]

Just to update, resubmitted the packet hoping that someone with more experience would review it and process it. Will follow up after a couple of days of receipt.

.

Goodluck!!

[onek 306]

Just wanted to close the loop on this one. Resubmitted the same packet again. It was delivered on Monday and already received notification that it has been accepted and forwarded to National Benefits Center for processing. Didn't know N-400 cases get forwarded to NBC as well.

Thank you everyone for the support.

[JimmyHou 613]

Just wanted to close the loop on this one. Resubmitted the same packet again. It was delivered on Monday and already received notification that it has been accepted and forwarded to National Benefits Center for processing. Didn't know N-400 cases get forwarded to NBC as well.

Thank you everyone for the support.

Great news!

So it was a mistake by the officer who reviewed it after all.

Good luck.

[onek 306]

Great news!

So it was a mistake by the officer who reviewed it after all.

Good luck.

I came across this that USCIS can expedite the case if they have made an error on their end. Do you think I qualify for this. See below and let me know what you think about it:

http://www.uscis.gov/news/uscis-expedite-review-certain-cases-affected-specific-administrative-inaccuracies

http://www.uscis.gov/forms/expedite-criteria

[JimmyHou 613]

I came across this that USCIS can expedite the case if they have made an error on their end. Do you think I qualify for this. See below and let me know what you think about it:

http://www.uscis.gov/news/uscis-expedite-review-certain-cases-affected-specific-administrative-inaccuracies

http://www.uscis.gov/forms/expedite-criteria

It seems to me that the more paperwork you file, the bigger the chance that USCIS is going to mess something up.

I don't know much about 319b cases, but from what I've read on VJ, most local offices seem th be very accommodating. Once your case is in the hands of your local office, it may be worth while to contact them and see what they can do to speed things up. At the very least, they should be able to speed up your oath ceremony.

[Messybrownhair 251]

I think they normally try to speed up Nebraska filers anyway. Your local office will know coz your case number will start with Lin. I was a Nebraska filer and I think my process was quick. Do a bio walk in and then at your interview ask for the soonest oath date.